S.D. Codified Laws § 9-21-9 — SD Code / Title 9 / Chapter 21 / Section 9-21-9
Expenditures limited to appropriated amounts
Status: in_force

Neither the governing body nor any department or officer of the municipality shall add to the municipal expenditures in any fiscal year any sum in excess of the amount provided for in the annual appropriation ordinance except as otherwise specially provided. Nor shall the amount spent for any purpose or any department exceed the total amount appropriated for such purpose or for such department in the annual appropriation ordinance for such year, except as otherwise specially provided.

Source: SL 1890, ch 37, art XV, § 3; RPolC 1903, § 1297; SL 1913, ch 119, § 116; RC 1919, § 6335; SL 1921, ch 295, § 2; SL 1933, ch 152; SDC 1939, § 45.1404; SL 1939, ch 187; SL 1949, ch 184.
S.D. Codified Laws § 9-14-37 — SD Code / Title 9 / Chapter 14 / Section 9-14-37
Neglect of duty or misconduct--Penalty--Removal
Status: in_force

It is a Class 2 misdemeanor for any elected or appointed officer or employee to commit a palpable omission of duty or to intentionally commit oppression, misconduct, or malfeasance in the discharge of official duties. Upon conviction of a violation of this section, the court may enter an order removing the convicted elected or appointed officer or employee from the municipal office or position.

Source: SL 1890, ch 37, art III, § 12; RPolC 1903, § 1193; SL 1913, ch 119, § 28; RC 1919, § 6284; SDC 1939, §§ 45.1118, 45.9902; SL 1981, ch 43, § 16; SL 2026, ch 33, § 27.
S.D. Codified Laws § 9-6-8 — SD Code / Title 9 / Chapter 6 / Section 9-6-8
Petition for dissolution--Decree filing--Cessation of municipal existence--Exception
Status: in_force

A copy of the judgment of dissolution, certified by the clerk of courts, must be filed in the office of the register of deeds in the county or counties in which the municipality is situated and in the Office of the Secretary of State. Upon the filing of the copies, the municipality is dissolved and ceases to be a municipality, except as set forth in § 9-6-9 .

Source: SL 1903, ch 91, § 4; RC 1919, § 6569; SDC 1939, § 45.3005; SL 2025, ch 38, § 8.
S.D. Codified Laws § 9-52-25 — SD Code / Title 9 / Chapter 52 / Section 9-52-25
Annual report by auditorium board to governing body--Records subject to inspection
Status: in_force

The auditorium board shall make an annual report to the governing body of its acts and all its expenditures, showing the condition of all affairs under its control, and its records, books, papers, and accounts shall at all reasonable times be subject to inspection by the executive officer, auditor, or clerk of the municipality, or any committee appointed by the governing body for that purpose, or any citizen.

Source: SL 1951, ch 246, § 8; SDC Supp 1960, § 45.24B08.
S.D. Codified Laws § 9-55-8 — SD Code / Title 9 / Chapter 55 / Section 9-55-8
Notice of hearing
Status: in_force

A notice of a hearing required under subdivision 9-55-7(2) shall be given by mailing a complete copy of the resolution of intent to each owner of taxable property as shown on the property tax roll for the proposed district. If an occupation tax is to be imposed, a copy of the resolution of intent shall also be mailed to the occupant of each address located in the proposed district. Mailing shall be completed at least thirty days prior to the time of hearing.

Source: SL 1986, ch 81, § 8; SL 1990, ch 68, § 2; SL 2006, ch 35, § 1.
S.D. Codified Laws § 9-40-7 — SD Code / Title 9 / Chapter 40 / Section 9-40-7
Additional revenue bonds authorized when original issue insufficient--Priority of issues
Status: in_force

If the governing body finds that the bonds authorized by ordinance or resolution will be insufficient to accomplish the purpose desired, additional bonds may be authorized, issued, and disposed of under the procedure provided in §§ 9-40-8 and 9-40-9 , but the additional issues shall be junior to all prior issues, unless provision has been made in the contract and covenants of the first or second class municipality with the holders of the original bonds for the issuance of the additional bonds on a parity therewith.

Source: SL 1931, ch 194, § 14; SDC 1939, § 45.2414; SL 1949, ch 191, § 6; SL 1984, ch 43, § 77; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-41A-45 — SD Code / Title 9 / Chapter 41A / Section 9-41A-45
Sale of bonds and notes
Status: in_force

Bonds or notes of a municipal power agency may be sold at public or private sale for a price and in a manner determined by the agency.

Source: SL 1978, ch 66, § 39.
S.D. Codified Laws § 9-38-34.2 — SD Code / Title 9 / Chapter 38 / Section 9-38-34.2
Change in use of parkland by ordinance--Public purpose required--Notice
Status: in_force

The governing body of a first or second class municipality may by ordinance authorize a change in the use of land obtained pursuant to § 9-38-31 . Any change in the use of land obtained pursuant to § 9-38-31 may only be authorized if the land is to be used for a public purpose.

The governing body must give notice of the proposed ordinance by publishing the proposed ordinance in the municipality's official newspaper once a week for at least two successive weeks. The last publication of the notice must occur at least fourteen days before the meeting at which the ordinance is scheduled to be first read.

Source: SL 2025, ch 41, § 1.
S.D. Codified Laws § 9-26-26 — SD Code / Title 9 / Chapter 26 / Section 9-26-26
Transmission of tax levy to county auditor--Application to property within municipality
Status: in_force

Within thirty days after the adoption and publication of the ordinance required by § 9-26-25 the auditor or clerk shall transmit to the county auditor a certified copy thereof.

Thereupon 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 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 1919, ch 270; SL 1931, ch 188; SDC 1939, § 45.2303; SL 1949, ch 190, § 3.
S.D. Codified Laws § 9-43-92 — SD Code / Title 9 / Chapter 43 / Section 9-43-92
New roll to be made upon rejection
Status: in_force

If the governing body rejects the assessment roll, a new one may be made and filed, and notice and hearing shall be held as provided in § 9-43-90 .

Source: SL 2012, ch 57, § 20.
S.D. Codified Laws § 9-4-4.9 — SD Code / Title 9 / Chapter 4 / Section 9-4-4.9
Vote required to approve annexation--Effective date
Status: in_force

The referred resolution so submitted shall become operative if approved by a majority of the votes cast, in the combined area of the municipality and special annexation precinct. If approved, it shall take effect upon completion of the canvass of the special election returns.

Source: SL 1979, ch 47, § 11.
S.D. Codified Laws § 9-40-18 — SD Code / Title 9 / Chapter 40 / Section 9-40-18
Taxing power not used for payment of revenue bonds--Restriction on use of other municipal funds
Status: in_force

The taxing powers of such municipality shall never be used for the payment of either the principal of or interest on revenue bonds issued pursuant to this chapter or any part thereof.

No other funds or revenues or property of said municipality shall ever be used to pay such bonds or interest thereon except as may be otherwise provided by law.

Source: SL 1931, ch 194, § 5; SDC 1939, § 45.2405.
S.D. Codified Laws § 9-38-94 — SD Code / Title 9 / Chapter 38 / Section 9-38-94
Appointment, duties and compensation of director of recreation--Employment of other officers and employees
Status: in_force

With the approval of the governing body the recreation board may appoint a director of recreation, who shall be the chief executive officer under the recreation board. He shall hold office at the pleasure of the recreation board and receive such salary as the recreation board may determine and shall on its behalf have charge, supervision, and direction of all work and of all officers and employees under the recreation board. The recreation board may also appoint and employ other officers and employees as it may deem necessary and shall prescribe and fix their duties and compensation.

Source: SL 1949, ch 202, § 10; SDC Supp 1960, § 45.3210.
S.D. Codified Laws § 9-12-17 — SD Code / Title 9 / Chapter 12 / Section 9-12-17
Power to adopt ordinances to protect groundwater--Scope and purpose--Agreements to implement and enforce wellhead protection program
Status: in_force

A municipality may adopt ordinances for the purpose of protecting public groundwater supplies from pollution. The ordinances shall be consistent with the wellhead protection program guidelines developed by the department pursuant to § 34A-3A-17 , and may include ordinances to establish wellhead protection areas; to zone for the purpose of protecting such areas from pollution; to monitor and regulate activities and sources of potential or actual pollution within the areas; and to provide for the containment and cleanup of pollution or other remedial action within the areas. A municipality may enter into agreements with the state and with other political subdivisions to implement and enforce a wellhead protection program.

Source: SL 1989, ch 306, § 43.
S.D. Codified Laws § 9-43-95 — SD Code / Title 9 / Chapter 43 / Section 9-43-95
Resolution to specify payment plan
Status: in_force

The resolution approving the assessment roll shall also state under which plan the assessment and installments thereof shall be paid as provided by § 9-43-102 .

Source: SL 2012, ch 57, § 23.
S.D. Codified Laws § 9-27-35 — SD Code / Title 9 / Chapter 27 / Section 9-27-35
Validation of prior conveyances by municipalities--Limitation on enforcement of vested rights
Status: in_force

All instruments of conveyance of real property made by any municipal corporation prior to January 1, 1992, are, notwithstanding any omission, irregularities, defects, in the proceedings and resolutions, had and taken by said municipal corporation to sell and convey the same, hereby validated, legalized and cured to the extent that such conveyance shall operate to convey to the person named as such grantee in such instruments of conveyance, all of the right, title and interest of said municipal corporation in and to such real property.

If any person has any vested right in any real property so conveyed, and no action or proceeding to enforce such right was begun before July 1, 1993, such right shall be forever barred; and no action or proceeding so brought may be of any force or effect, or maintainable in any court of this state unless, before July 1, 1993, there was recorded in the office of the register of deeds of the county in which the real property affected is situated, a notice of the pendency of such action, in accordance with the provisions of chapter 15-10 .

Source: SL 1955, ch 444; SDC Supp 1960, § 65.0333; SL 1963, ch 462; SL 1976, ch 83; SL 1985, ch 64; SL 1992, ch 307, § 3.
S.D. Codified Laws § 9-29-19.1 — SD Code / Title 9 / Chapter 29 / Section 9-29-19.1
Arrest for ordinance violation--Complaint--Release on promise to appear
Status: in_force

Whenever any person is arrested for a violation of any municipal ordinance, which occurs in the presence of the arresting law enforcement officer, such officer may take the name and address of the person arrested and issue a complaint or otherwise notify him in writing to appear at a time and place to be specified in such complaint or notice. The time so specified shall be at least five days after the arrest unless the person arrested shall demand an earlier hearing. Such officer may allow the person arrested an earlier hearing. Such officer may allow the person arrested to be released from custody, upon the giving by such person of his written promise to appear at such time and place. Any person refusing to give such written promise to appear may be prosecuted as in the manner of other violations of city ordinances.

Source: SL 1977, ch 76.
S.D. Codified Laws § 9-36-9 — SD Code / Title 9 / Chapter 36 / Section 9-36-9
Municipal acquisition of lands within established stream boundaries
Status: in_force

If the boundary lines of said river or stream so established according to said survey shall include lands not included within the bed of said river or stream, said municipality shall have the power to acquire such lands or a perpetual easement therein for public use by purchase or condemnation.

Source: SL 1931, ch 189, § 7; SDC 1939, § 45.2006.
S.D. Codified Laws § 9-22-18 — SD Code / Title 9 / Chapter 22 / Section 9-22-18
Register of warrants paid--Examination by finance committee
Status: in_force

The treasurer shall also keep a register of all warrants paid during the year, describing such warrants, their date, amount, number, the fund from which paid, and person to whom paid, specifying also the time of payment.

All such warrants shall be examined by the finance committee of the governing body at the time of making the report required by § 9-22-20 .

Source: SL 1890, ch 37, art VIII, § 8; RPolC 1903, § 1254; SL 1913, ch 119, § 75; RC 1919, § 6295; SDC 1939, § 45.1127.
S.D. Codified Laws § 9-38-80 — SD Code / Title 9 / Chapter 38 / Section 9-38-80
Creation and purpose of recreation board--Delegation of powers to park board
Status: in_force

A governing body may by ordinance create a recreation board, the membership to be determined by the governing body, to operate a system of public recreation, playgrounds, and children's parks, except that in first and second class municipalities having a park board, the powers and duties of a recreation board may be delegated to the park board of the municipality, which board shall then be designated as a park and recreation board, which, in addition to its powers and duties relating to parks, shall have all the powers and duties of a recreation board as provided in this chapter. The governing body of a municipality may exercise all the powers and duties of a recreation board in lieu thereof if it determines the same to be in the best interest of the municipality. The ordinance creating the board shall specify the number, the qualifications, the term of office of the members, the frequency of board meetings, the officers to be selected and a description of their duties, the number of members necessary for a quorum, and the scope of the board's authority.

Source: SL 1949, ch 202, § 1; SDC Supp 1960, § 45.3201; SL 1965, ch 218; SL 1970, ch 63, § 4; SL 1971, ch 67; SL 1978, ch 62, § 16; SL 1992, ch 60, § 2; SL 1995, ch 49, § 10.
S.D. Codified Laws § 9-38-105 — SD Code / Title 9 / Chapter 38 / Section 9-38-105
Municipality not liable for negligent injury in operation of playground and recreation system--Employee's rights preserved
Status: in_force

No action shall lie against the recreation board or against the first or second class municipality or the governing body of the municipality to recover for injuries sustained by any person through the negligence of the officers or employees of the recreation board while engaged in the operation of a system of public recreation and playgrounds; provided that nothing herein contained shall operate to prevent any employee of the recreation board or of the municipality from maintaining an action to recover damages for injuries received in the course of his employment.

Source: SL 1949, ch 202, § 23A; SDC Supp 1960, § 45.3224; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-36-16 — SD Code / Title 9 / Chapter 36 / Section 9-36-16
Powers of first or second class municipalities in implementing flood control projects
Status: in_force

Every municipality of five hundred or more population as shown by the last federal census may 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 within or without its corporate limits which endangers property within its corporate limits or its water supply. Every municipality of five hundred or more may acquire by lease, purchase, gift, grant - in - aid, condemnation, or other lawful means and hold in its corporate name or use and control as provided by law both real and personal property and easements and rights - of - way within or without its corporate limits for all purposes necessary to prevent or control flooding and may levy taxes and appropriate moneys and issue general obligation bonds pursuant to chapter 9-26 , for the purposes described in this section.

Source: SL 1959, ch 275; SDC Supp 1960, § 45.0210; SL 1983, ch 65, § 1; SL 1984, ch 43, § 71; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-29-11 — SD Code / Title 9 / Chapter 29 / Section 9-29-11
Cruelty to animals
Status: in_force

Every municipality shall have power to prohibit and punish cruelty to animals.

Source: SL 1890, ch 37, art V, § 1, subdiv 58; RPolC 1903, § 1229, subdiv 58; SL 1913, ch 119, § 53, subdiv 58; RC 1919, § 6169 (39); SDC 1939, § 45.0201 (46).
S.D. Codified Laws § 9-32-6 — SD Code / Title 9 / Chapter 32 / Section 9-32-6
Stables, privies, and cesspools
Status: in_force

Every municipality shall have power to compel the owner of any stable, pigsty, privy, sewer, cesspool, or of any unwholesome or nauseous thing or place to cleanse, abate, or remove the same and to regulate the location thereof.

Source: SL 1890, ch 37, art V, § 1, subdiv 68; RPolC 1903, § 1229, subdiv 68; SL 1913, ch 119, § 53, subdiv 68; RC 1919, § 6169 (44); SDC 1939, § 45.0201 (36).
S.D. Codified Laws § 9-53-9 — SD Code / Title 9 / Chapter 53 / Section 9-53-9
Mailing of notice of hearing on resolution of necessity
Status: in_force

After the completion of all requirements set forth in §§ 9-53-4 to 9-53-7 , inclusive, the governing body shall fix a time and place for a public hearing thereon and shall cause a notice of hearing of the proposed resolution of necessity to be given by the city auditor or town clerk who shall mail, at least fifteen days before the date set for the hearing, true copies of the proposed resolution of necessity and a notice of hearing appended thereto by first class mail to all those persons addressed to their respective post office addresses as those persons and respective addresses appear as owners of the privately owned property within the proposed district in the records of the county director of equalization. The notice of hearing shall state the time and place the governing body shall meet for the purpose of considering the adoption of the resolution of necessity either as proposed or as might be amended at the same time and place of the hearing, and at said time and place that the governing body will consider any objections to the proposed resolution.

Source: SL 1967, ch 230, § 7.
S.D. Codified Laws § 9-1-2 — SD Code / Title 9 / Chapter 1 / Section 9-1-2
Municipalities governed by title
Status: in_force

All municipalities organized under the provisions of this title shall be governed by the provisions of this title.

Source: SL 1890, ch 37, art I, § 4; RPolC 1903, §§ 1170, 1173; RC 1919, §§ 6155, 6156; SDC 1939, § 45.0104; SL 1975, ch 84.
S.D. Codified Laws § 9-5-3 — SD Code / Title 9 / Chapter 5 / Section 9-5-3
Notice, conduct, and canvass of election
Status: in_force

An election on the proposition of consolidating contiguous municipalities, as called by resolution, must be noticed, held, conducted, and canvassed, as provided for a special or regular municipal election set pursuant to § 9-13-1 or 9-13-1.3 , as applicable.

Source: SL 1951, ch 249, § 2; SL 1955, ch 214, § 2; SDC Supp 1960, § 45.29A02; SL 2026, ch 32, § 3.
S.D. Codified Laws § 9-43-120 — SD Code / Title 9 / Chapter 43 / Section 9-43-120
Special assessment accounts--Source of moneys for accounts
Status: in_force

The governing body may by ordinance or resolution create and maintain special assessment accounts for financing local improvements for which assessments are to be levied. The governing body may provide moneys for the accounts in the annual appropriation ordinance or by transfer of unused balances from other funds in accordance with the provisions of chapter 9-21 , or it may provide for the issuance of general obligation bonds for the purpose of creating and maintaining the account after authorization by the voters and in the manner provided by chapter 9-26 . Creating and maintaining the account is deemed a single purpose in framing the question to be submitted to the voters.

Source: SL 2012, ch 57, § 48.
S.D. Codified Laws § 9-32-11 — SD Code / Title 9 / Chapter 32 / Section 9-32-11
Municipal garbage disposal systems
Status: in_force

Every municipality shall have power to collect and dispose of and regulate the manner of handling of garbage and other waste material and for such purpose to acquire, establish, maintain, operate, and regulate equipment and garbage disposal plants, incinerators, and dumping grounds and to fix and collect charges for such services, and to contract with one or more persons for the collection and hauling of garbage and other waste material from the municipality or districts established therein.

Source: SL 1947, ch 221; SL 1959, ch 266; SDC Supp 1960, § 45.0201-1 (21).
S.D. Codified Laws § 9-43-79 — SD Code / Title 9 / Chapter 43 / Section 9-43-79
Assessment according to special benefit
Status: in_force

In lieu of the method prescribed in § 9-43-78 , the governing body may provide by resolution that the costs of the local improvement shall be assessed against all lots and tracts according to the benefits determined by the governing body to accrue to each lot and tract from the construction of the improvement. In such event the governing body shall make an investigation and shall determine the amount in which each lot and tract will be specially benefitted by the construction of the improvement and shall assess against each lot and tract the amount, not exceeding the 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, § 7.
S.D. Codified Laws § 9-22-15 — SD Code / Title 9 / Chapter 22 / Section 9-22-15
Resolution required for investment transactions
Status: in_force

In carrying out the provisions of §§ 9-22-12 to 9-22-14 , inclusive, all transactions shall be by resolutions of the governing body.

Source: SL 1915, ch 277; RC 1919, § 6999; SL 1923, ch 264; SL 1927, ch 189; SL 1933, ch 164; SDC 1939, § 45.2310; SL 1941, ch 200; SL 1949, ch 190, § 5.
S.D. Codified Laws § 9-3-6 — SD Code / Title 9 / Chapter 3 / Section 9-3-6
County commissioners' order for election
Status: in_force

After the public hearing on the application, if the board of county commissioners determines the requirements of this chapter have been met, the board must set a date for an election on the question of whether the proposed municipality is to be incorporated. The election must be conducted pursuant to title 12.

Source: SDC 1939, § 45.0305; SL 1999, ch 37, § 3; SL 2024, ch 28, § 24.
S.D. Codified Laws § 9-43-78 — SD Code / Title 9 / Chapter 43 / Section 9-43-78
Calculation of special assessments--Property outside municipal boundaries
Status: in_force

After investigation by the governing body to determine the amount of benefit from construction of the local improvement to the lots and tracts fronting or abutting the improvement, the amount to be assessed against each lot for any local improvement for which special assessments are to be levied may be determined by dividing the total cost of the improvement by the number of feet fronting or abutting the improvement, and the quotient may be assessed per front foot upon the property fronting or abutting the improvement. If any of the property assessed is outside of municipal boundaries, the amount levied and assessed may not be collected unless the property has been annexed into the municipality.

Source: SL 2012, ch 57, § 6.
S.D. Codified Laws § 9-16-5.8 — SD Code / Title 9 / Chapter 16 / Section 9-16-5.8
Information furnished to members annually
Status: in_force

Each administrator of a system under this chapter annually shall furnish to each system member or beneficiary a statement showing, on the basis of the latest available information, his total contributions, if any, his total benefits accrued and his nonforfeitable benefits, if any, which have accrued or the earliest date on which his benefits will become nonforfeitable.

Source: SL 1984, ch 56, § 13.
S.D. Codified Laws § 9-33-8 — SD Code / Title 9 / Chapter 33 / Section 9-33-8
Steam boiler inspection
Status: in_force

Every municipality shall have power to provide for the inspection of steam boilers.

Source: SL 1890, ch 37, art V, § 1, subdiv 54; RPolC 1903, § 1229, subdiv 54; SL 1913, ch 119, § 53, subdiv 54; RC 1919, § 6169 (73); SDC 1939, § 45.0201 (61).
S.D. Codified Laws § 9-45-16 — SD Code / Title 9 / Chapter 45 / Section 9-45-16
Resolution of necessity for construction of viaduct--Assessment and liability for damage to property
Status: in_force

If any viaduct is declared by resolution necessary for the safety and protection of the public, the governing body of any first or second class municipality shall provide for appraising, assessing, and determining the damages, if any, that may be caused to any property by reason of the construction of the viaduct and its approaches. The resolution is effective thirty days after its publication, unless nullified by an order of the Public Utilities Commission.

Such damage shall be paid by the municipality and may be assessed against the property benefited as provided in chapter 9-43 .

Source: SL 1909, ch 126; RC 1919, § 6366; SDC 1939, § 45.1706; SL 1992, ch 60, § 2; SL 2012, ch 57, § 78.
S.D. Codified Laws § 9-38-60 — SD Code / Title 9 / Chapter 38 / Section 9-38-60
Municipal power to construct and operate swimming pools--Resolution of necessity--Sources of funds used
Status: in_force

Any municipality shall have power to construct, equip, provide, maintain, operate, and regulate swimming pools and necessary buildings in connection therewith on lands of or in parks of such municipality.

Whenever it is proposed to exercise such power, the governing body by resolution shall declare the necessity for the making of such improvement, describing the contemplated improvement and stating the maximum amount of money to be expended for the same.

The governing body may provide for such expenditure from the general fund of the municipality or through the issuance and sale of bonds in the manner provided by law.

Source: SL 1937, ch 180, §§ 1, 2; SDC 1939, § 45.2536.
S.D. Codified Laws § 9-19-23 — SD Code / Title 9 / Chapter 19 / Section 9-19-23
Ordinance adopting comprehensive regulations or code--Publication not required--Notice of adoption published--Effective date--Applicability
Status: in_force

An ordinance incorporating and adopting comprehensive regulations or a code promulgated, approved, and published by a recognized and established national organization prescribing building, electrical, plumbing, safety, fire, or health regulations need not be published in its entirety in a newspaper. Upon adoption or amendment of the ordinance, the municipal finance officer must publish a notice of the fact of adoption or amendment once a week for two successive weeks in the official newspaper. The ordinance becomes effective twenty days after the completed publication of the notice, unless referendum is invoked. The publication procedures provided in this section apply whether or not a municipality has modified the comprehensive regulations or codes during the adoption or amendment process.

Source: SL 2026, ch 33, § 50.
S.D. Codified Laws § 9-38-54 — SD Code / Title 9 / Chapter 38 / Section 9-38-54
Water for park purposes supplied by municipality--Charges against park district
Status: in_force

The board is authorized to take from the hydrants and water pipes of the municipality, and to make sewer connections, under such reasonable rules and regulations as may be prescribed by ordinance or by the water or sewer department, all water and sewer needs which may be required for park purposes, and at the option of the governing body, charges may be made on account thereof against the funds of any park district or other funds under the control of such board.

Source: SL 1915, ch 260, § 75; RC 1919, § 6518; SDC 1939, § 45.2537; SL 1977, ch 77.
S.D. Codified Laws § 9-17-4 — SD Code / Title 9 / Chapter 17 / Section 9-17-4
Representation of municipalities at organization meetings
Status: in_force

Each municipality member of said organization is hereby authorized and empowered to designate any member or members of its governing body or other persons in its employ to represent said municipality in said municipal organization and attend the meetings thereof.

Source: SL 1955, ch 217, § 3; SDC Supp 1960, § 45.0201-1 (16).
S.D. Codified Laws § 9-29-5 — SD Code / Title 9 / Chapter 29 / Section 9-29-5
Gambling and fraudulent practices--Seizure and destruction of instruments and devices--Exemption of state lottery
Status: in_force

Any municipality may suppress gambling, gaming and gambling houses, lotteries and all fraudulent devices and practices used for obtaining money or property. Any municipality may enter any place where any such activity is practiced or allowed to be practiced, and seize and destroy any instrument, device or thing used for such purpose found therein. The provisions of this section do not apply to any lottery owned and operated by this state.

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 (29); SL 1987, ch 313, § 41.
S.D. Codified Laws § 9-11-8 — SD Code / Title 9 / Chapter 11 / Section 9-11-8
Waiting period after election on form of city government
Status: in_force

The question of changing the form of government may not be voted upon again within one year after the election held pursuant to § 9-11-6 .

Source: RPolC 1903, § 1170; SL 1913, ch 119, § 2; SL 1913, ch 125, § 1; RC 1919, § 6191; SL 1921, ch 299, § 1; SDC 1939, § 45.0501; SL 1957, ch 243; SL 2008, ch 34, § 3.
S.D. Codified Laws § 9-16-5.10 — SD Code / Title 9 / Chapter 16 / Section 9-16-5.10
Fiduciary of system--Duties--Definition
Status: in_force

Every fiduciary of a retirement system subject to the provisions of this chapter shall discharge his duties solely in the interest of the participants and beneficiaries of the system, for the exclusive purpose of providing benefits to participants and their beneficiaries and with the skill, care, prudence, and diligence, under the circumstances then prevailing, of a prudent man, familiar with such matters and acting in a similar capacity. For purposes of this section, the term "fiduciary" means any person or entity which exercises any discretionary authority control over the management of a system or its assets, any person or entity which renders investment advice to a system for a fee or other compensation, or any person or entity which has any discretionary authority or discretionary responsibility in the administration of a system.

Source: SL 1984, ch 56, § 15.
S.D. Codified Laws § 9-16-11 — SD Code / Title 9 / Chapter 16 / Section 9-16-11
Previously granted pensions as obligation of retirement system
Status: in_force

All pensions granted by a first or second class municipality prior to the adoption of a retirement system under § 9-16-3 shall become an obligation of the retirement system adopted by said municipality under said section.

Source: SL 1949, ch 183, § 6; SDC Supp 1960, § 45.1204-2; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-12-5 — SD Code / Title 9 / Chapter 12 / Section 9-12-5
Lease or transfer of municipal property to state agency for public purposes
Status: in_force

Every municipality shall have power to lease or sell or give and convey any personal or real property of the municipality or perform any work or render any services, to the state or any public corporation thereof, to be used by such grantee for an authorized public purpose; such lease or sale or gift and conveyance, or the performance of such work, to be authorized, made, or done on the terms and in the manner provided by resolution of the governing body.

Source: SL 1949, ch 179, § 1; SL 1957, ch 242; SDC Supp 1960, § 45.0201 (107).
S.D. Codified Laws § 9-12-11 — SD Code / Title 9 / Chapter 12 / Section 9-12-11
Promotion of municipality--Appropriation and expenditure of funds--Records
Status: in_force

A municipality may appropriate money from its general fund to promote itself. If there are commercial clubs, chambers of commerce, or industrial development corporations organized and incorporated as nonprofit corporations under the laws of the State of South Dakota for the purpose of promoting the municipality, the appropriations or any part thereof may be paid to such organizations for expenses incurred for promoting the municipality. Payments to these organizations shall be based on programs previously submitted to the governing board by them and they shall be required to maintain complete records on all their activities and shall provide a certified audit of those records to the governing board of the municipality at the close of each fiscal period. In lieu of a certified audit, the governing board may accept a financial statement. For purposes of this section, promotion includes, but is not limited to, any costs incidental to the hosting of events held within the municipality.

Source: SL 1911, ch 244, §§ 1, 2; SL 1913, ch 124; RC 1919, § 6170 (15); SDC 1939, § 45.0202 (13); SL 1971, ch 55; SL 1978, ch 62, § 3; SL 1989, ch 73; SL 2014, ch 49, § 2.
S.D. Codified Laws § 9-35-6 — SD Code / Title 9 / Chapter 35 / Section 9-35-6
Maximum duration of franchise
Status: in_force

Unless otherwise specifically provided, no franchise shall be granted for a longer period than twenty years.

Source: SL 1890, ch 37, art V, § 1, subdiv 24; RPolC 1903, § 1229, subdiv 24; SL 1903, ch 221; SL 1907, ch 92, § 1; SL 1913, ch 119, § 53, subdiv 24; SL 1913, ch 119, § 123; RC 1919, § 6248; SL 1921, ch 310; SDC 1939, § 45.1006.
S.D. Codified Laws § 9-41A-50 — SD Code / Title 9 / Chapter 41A / Section 9-41A-50
Repurchase of bonds and notes--Cancellation or resale
Status: in_force

A municipal power agency may purchase, out of any funds available therefor, bonds or notes, and to hold, pledge, cancel, or resell the bonds or notes, subject to and in accordance with any agreements with the holders.

Source: SL 1978, ch 66, § 44.
S.D. Codified Laws § 9-13-6 — SD Code / Title 9 / Chapter 13 / Section 9-13-6
Notice of vacancies in office--Publication
Status: in_force

The finance officer of the municipality shall have a notice published in the official newspaper of the municipality setting forth the vacancies that will occur by termination of the terms of office of elective officers. The notice must also state the time and place where nominating petitions may be filed for the offices. The notice must be published once each week for two consecutive weeks between the fifteenth day and the thirtieth day of the month six months before the election.

Source: SL 1949, ch 203; SDC Supp 1960, § 45.1301-1; SL 1977, ch 68, § 2; SL 1986, ch 67, § 2; SL 2004, ch 75, § 2; SL 2025, ch 40, § 4, eff. Jan. 1, 2026.
S.D. Codified Laws § 9-45-10 — SD Code / Title 9 / Chapter 45 / Section 9-45-10
Vacation after nonuser of platted street or alley--Petition of property owners
Status: in_force

In any first or second class municipality whenever any street or alley or any part thereof as designated upon any recorded plat of the same shall not have been used or traveled as a street or alley at any time during the period of twenty years subsequent to the recording of the plat, the same may be vacated by the governing body upon application of the owner or owners of all the real property abutting upon both sides thereof. The application for such vacation shall be made upon the petition of the abutting owner or owners and shall be verified by the affidavit of such owner or owners or his or their agent or attorney.

Source: SL 1893, ch 122, § 1; RPolC 1903, § 1301; RC 1919, § 6354; SDC 1939, § 45.1708; SL 1949, ch 186; SL 1951, ch 241, § 1; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-31-5 — SD Code / Title 9 / Chapter 31 / Section 9-31-5
Establishment and use of parking meters--Use of proceeds
Status: in_force

Every municipality shall have the power to acquire, operate, maintain, and regulate parking meters on the public streets and places and on parking lots and areas controlled by the municipality, to fix and collect regulatory parking fees for the parking of vehicles in parking meter spaces thereon, and to use the proceeds therefrom for traffic regulation, acquiring and maintaining traffic control equipment or facilities, or acquiring, equipping, and maintaining of parking lots and areas or for the construction, maintenance, and upkeep of municipal streets and alleys.

Source: SL 1947, ch 225; SL 1949, ch 196; SL 1951, ch 244, § 1; SL 1953, ch 252, § 1; SDC Supp 1960, § 45.0201-1 (10); SL 1961, ch 243.
S.D. Codified Laws § 9-9-21 — SD Code / Title 9 / Chapter 9 / Section 9-9-21
Commissioner of public safety in five-commissioner municipality
Status: in_force

If any municipality is governed by a board consisting of five commissioners, the commissioner of public safety shall supervise the police and fire departments and the departments' officers and employees. The commissioner of public safety is also in charge of animal control within the municipality, including animal impoundments and shelter.

Source: SDC 1939, § 45.0806 (2); SL 1991, ch 69, § 2; SL 2000, ch 35, § 1; SL 2018, ch 49, § 20.
S.D. Codified Laws § 9-21-10 — SD Code / Title 9 / Chapter 21 / Section 9-21-10
Contracts prohibited unless covered by appropriation or bonds
Status: in_force

Except as otherwise provided no contract shall be made by the governing body of any municipality and no expense shall be incurred by any department or any officer thereof, whether ordered by the governing body or not, unless an appropriation shall have been previously made concerning such expense, or the governing body authorized to issue bonds for a specific purpose.

Source: SL 1890, ch 37, art XV, § 4; RPolC 1903, § 1298; RC 1919, § 6336; SL 1921, ch 295, § 3; SL 1925, ch 233; SDC 1939, § 45.1405; SL 1941, ch 199; SL 1953, ch 258; SL 1959, ch 269.
S.D. Codified Laws § 9-41A-31 — SD Code / Title 9 / Chapter 41A / Section 9-41A-31
Powers over real property
Status: in_force

A municipal power agency may acquire, own, use, lease as lessor or lessee, operate, and dispose of real property and interests in real property, and make improvements thereon.

Source: SL 1978, ch 66, § 21.
S.D. Codified Laws § 9-43-138 — SD Code / Title 9 / Chapter 43 / Section 9-43-138
Special maintenance fee--Purposes--Exemptions
Status: in_force

(1) Lots with a tax assessment freeze under chapter 10-6A ; or

(2) Lots classified as agricultural property under § 10-6-110 .

Source: SL 2012, ch 57, § 66; SL 2020, ch 29, § 1; SL 2021, ch 44, § 44.
S.D. Codified Laws § 9-38-55 — SD Code / Title 9 / Chapter 38 / Section 9-38-55
First or second class municipality not liable for negligent injuries in improvement or operation of park--Employee's rights preserved
Status: in_force

No action shall lie against the board or against the first or second class municipality or the governing body of the municipality to recover for injuries sustained by any person through the negligence of the officers or employees of the board while engaged in the improvement, maintenance, or operation of property owned or operated as a park or used for park purposes; provided that nothing herein contained shall operate to prevent any employee of the board or of the municipality from maintaining an action to recover damages for injuries received in the course of his employment.

Source: SL 1915, ch 260, § 65; RC 1919, § 6508; SL 1925, ch 237, § 9; SDC 1939, § 45.2539; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-48-53 — SD Code / Title 9 / Chapter 48 / Section 9-48-53
Connection of plumbing fixtures to public water sewer system--Purchase or lease of preexisting private sewers--Exemption of first class municipalities
Status: in_force

Each building in which plumbing fixtures are installed shall connect to a public water sewer system if available. A public sewer 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, or condemn pursuant to subdivision 9-12-1(2), any preexisting private sewers 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, § 2; SL 2000, ch 39, § 2.
S.D. Codified Laws § 9-18-1.1 — SD Code / Title 9 / Chapter 18 / Section 9-18-1.1
Time for delivery of copy to official newspaper
Status: in_force

The finance officer shall maintain a record of the minutes published pursuant to § 9-18-1 and deliver a copy to the official newspaper within five business days from the date the meeting was held.

Source: SL 1972, ch 129, § 1; SL 2018, ch 50, § 2.
S.D. Codified Laws § 9-5-5 — SD Code / Title 9 / Chapter 5 / Section 9-5-5
Submission to voters of municipality to be annexed--Date of election
Status: in_force

After the resolutions proposing the plan for annexation take effect, the municipality to be annexed must, by resolution, submit the question of annexation to the voters of the municipality, at a special election called for that purpose and held pursuant to § 9-13-14 , or at the next regular municipal election set pursuant to § 9-13-1 or 9-13-1.3 , provided that any election must be held within sixty days after the resolutions proposing the plan for annexation take effect.

Source: SL 1951, ch 249, § 1; SL 1955, ch 214, § 1; SDC Supp 1960, § 45.29A01; SL 2026, ch 32, § 4.
S.D. Codified Laws § 9-10-9 — SD Code / Title 9 / Chapter 10 / Section 9-10-9
Governing body--Officers and employees appointed and removed--City manager authority
Status: in_force

The finance officer, attorney, and library board of trustees must be appointed by the governing body and may be removed at any time by the governing body.

The finance officer shall appoint all deputies and employees in the finance office.

All other officers and employees, including all members of boards and commissions, except as otherwise provided by law, must be appointed, and may be removed, by the city manager.

Source: SL 1935, ch 158, § 7; SDC 1939, § 45.0908; SL 2025, ch 38, § 46.
S.D. Codified Laws § 9-40-37 — SD Code / Title 9 / Chapter 40 / Section 9-40-37
Sale and lease-back arrangements for waterworks and waste disposal facilities
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 §§ 5-12-15 , 5-12-19 and 5-12-42 to 5-12-45 , inclusive, with respect to the acquisition, lease, sale, and leaseback of land, improvements and equipment comprising all or a portion of a system or part of system of waterworks for the purpose of providing water and water supply for municipal, industrial, and domestic purposes, and any system or part of system for the collection, treatment, and disposal of sewage and other domestic, commercial, and industrial wastes, together with extensions, additions, and necessary appurtenances all as provided in this chapter. However, the proceeds of the sale of any such facilities are subject to § 6-13-8 .

Source: SL 1985, ch 66, § 1; SL 1988, ch 64, §§ 8, 54; SL 1989, ch 30, § 23.
S.D. Codified Laws § 9-41A-30 — SD Code / Title 9 / Chapter 41A / Section 9-41A-30
Powers over personal property
Status: in_force

A municipal power agency may acquire, own, hire, use, operate, and dispose of personal property.

Source: SL 1978, ch 66, § 20.
S.D. Codified Laws § 9-20-15 — SD Code / Title 9 / Chapter 20 / Section 9-20-15
Majority vote to approve referred measure--Effective date
Status: in_force

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

Source: SL 1899, ch 94, § 8; RPolC 1903, § 1221; SL 1913, ch 119, § 45; RC 1919, § 6260; SDC 1939, § 45.1017; SL 2025, ch 37, § 5.
S.D. Codified Laws § 9-41A-24 — SD Code / Title 9 / Chapter 41A / Section 9-41A-24
Contracts for project construction and sale of energy
Status: in_force

A municipal power agency may contract with any person, within or outside the state, for the construction of any project or for the sale or transmission of electric energy generated by any project, or for any interest therein or any right to capacity thereof, on such terms and for such period of time as its board of directors determines.

Source: SL 1978, ch 66, § 27.
S.D. Codified Laws § 9-38-90.1 — SD Code / Title 9 / Chapter 38 / Section 9-38-90.1
Combined park and recreation board--Powers and duties
Status: in_force

If a second or third class municipality has created a park board according to the provisions of § 9-38-8 , or if a first class municipality has created a park board according to the provisions of §§ 9-38-10 and 9-38-11 , and if such a municipality has created a recreation board according to the provisions of § 9-38-80 , such a municipality may combine the park board and the recreation board at any time by ordinance of the governing body. The combined board shall be designated as the park and recreation board. The park and recreation board shall exercise all the powers and duties that a park board and a recreation board are permitted to exercise separately by law.

Source: SL 1969, ch 191, § 1; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-14-20 — SD Code / Title 9 / Chapter 14 / Section 9-14-20
9-14-20. Record of certificates issued for work--Schedule of special tax or assessment
Status: in_force

The municipal finance officer shall keep a list of all certificates issued for work or any other purpose. Before the levy by the governing body of any special tax, the finance officer shall, unless that duty is performed by the engineer, report to the governing body a schedule of all lots that are subject to the proposed special tax or assessment and the amount of the special tax or assessment. The schedule shall be verified by the finance officer's affidavit.
S.D. Codified Laws § 9-40-39 — SD Code / Title 9 / Chapter 40 / Section 9-40-39
Tax exemption of waterworks and waste disposal facilities
Status: in_force

All land, improvements and capital equipment owned, leased, acquired, or operated 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, or pursuant to an operating contract described in § 9-40-38 constitute a separate class of property which is exempt from all taxation.

Source: SL 1985, ch 66, § 3.
S.D. Codified Laws § 9-41-3 — SD Code / Title 9 / Chapter 41 / Section 9-41-3
Additional bonds authorized when original issue insufficient--Priority of issues
Status: in_force

If the governing body finds that the bonds authorized by the original resolution or ordinance shall be insufficient to accomplish the purpose desired, additional bonds may be authorized, issued, and disposed of under the procedure provided in this chapter, but the additional issues shall be junior to all prior issues, unless provision has been made in the contract and covenants of the first or second class municipality with the holders of the original bonds for the issuance of additional bonds on a parity therewith.

Source: SL 1953, ch 275, § 6; SDC Supp 1960, § 45.24C06; SL 1984, ch 43, § 83; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-43-103 — SD Code / Title 9 / Chapter 43 / Section 9-43-103
Payment due dates--Interest on unpaid installments
Status: in_force

The installments of each assessment under Plan One or Plan Two are due and payable, one on January first following the date of approval of the assessment roll, and one on January first of each succeeding year until the entire assessment is paid. The governing body shall fix the interest rate to be borne by unpaid installments.

Source: SL 2012, ch 57, § 31.
S.D. Codified Laws § 9-36-12 — SD Code / Title 9 / Chapter 36 / Section 9-36-12
Notice to adjoining property owners to make improvements--Publication
Status: in_force

Whenever the governing body shall deem it necessary to make any such improvement as described in § 9-36-11 , it shall notify all owners of such abutting or adjoining property to construct, reconstruct, or repair the same at their own cost within the time designated, by publishing once in each week for at least two consecutive weeks a notice to such owners fixing a time and place when and where they may appear and enter their protest against such contemplated improvement, setting forth what work is to be done and the character of the same and the time within which they are required to do the same. Such notice may be general as to the owners but must be specific as to the description of the lots to be affected.

Source: SL 1911, ch 94, § 2; RC 1919, § 6367; SDC 1939, § 45.2008; SL 1972, ch 236, § 1.
S.D. Codified Laws § 9-20-1 — SD Code / Title 9 / Chapter 20 / Section 9-20-1
Percentage of voters required to propose ordinance or resolution
Status: in_force

The registered voters of any municipality may propose ordinances and resolutions for the government of the municipality if the petition is signed by at least five percent of the registered voters in the municipality. The percentage shall be based on the number of registered voters of the municipality as recorded by the county auditor on the second Tuesday in January in the year the petition is filed. If the petition is filed before the second Tuesday in January, the prior year's calculation of registered voters shall be used.

Source: SDC 1939, § 45.1018; SL 1947, ch 199, § 1; SL 1968, ch 183, § 2; SL 2002, ch 40, § 2; SL 2017, ch 57, § 2; SL 2019, ch 53, § 1.
S.D. Codified Laws § 9-19-24 — SD Code / Title 9 / Chapter 19 / Section 9-19-24
Copy of ordinances--Available to court upon request
Status: in_force

Upon request of the circuit clerk of court or law library of the county in which a municipality is situated, the municipal finance officer must choose one of the following forms to make available, for free, to the requesting clerk or library:

(1) A physical copy of the ordinance book;

(2) A link to the electronic compilation of the ordinance book; or

(3) An electronic copy of the codification.

Source: SL 2026, ch 33, § 51.
S.D. Codified Laws § 9-23-12 — SD Code / Title 9 / Chapter 23 / Section 9-23-12
Interest payable on warrants not paid for want of funds
Status: in_force

Warrants shall draw interest after presentation for payment at the Office of the Treasurer and endorsement by that officer as "not paid for want of funds" at a rate of interest to be determined by the governing body of the municipality.

Source: SL 1927, ch 149; SDC 1939, § 45.1418; SL 1950 (SS), ch 11, § 1; SL 1982, ch 74.
S.D. Codified Laws § 9-42-2 — SD Code / Title 9 / Chapter 42 / Section 9-42-2
Approval required for use of municipal funds for private benefit or improvements outside corporate limits
Status: in_force

No claim against any municipality shall be allowed or paid for making improvements for the benefit of private individuals within the corporate limits nor in third class municipalities for grading, draining, or bridging outside of the corporate limits, without a majority vote of all the voters of the municipality.

Source: PolC 1877, ch 24, § 25; CL 1887, § 1046; RPolC 1903, § 1444; SL 1907, ch 1; RC 1919, § 6346; SDC 1939, § 45.1411; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-47-24 — SD Code / Title 9 / Chapter 47 / Section 9-47-24
Election to provide service to persons being served by rural water system--Purchase of facilities
Status: in_force

If a municipality elects to provide water service to any person who is being served by a rural water system and who resides within the boundaries of a municipality or within three miles of the municipality as the boundaries exist on July 1, 1989, 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 as set forth in § 9-47-23 .

Source: SL 1989, ch 387, § 3.
S.D. Codified Laws § 9-4-5 — SD Code / Title 9 / Chapter 4 / Section 9-4-5
Annexation of unplatted territory subject to approval by county commissioners
Status: in_force

No such resolution describing unplatted territory therein may be adopted until it has been approved by the board of county commissioners of the county wherein such unplatted territory is situate. For the purposes of this section, unplatted territory is any land which has not been platted by a duly recorded plat or any agricultural land as defined in § 10-6-110 .

Source: SDC 1939, § 45.2906 as added by SL 1955, ch 215, § 1; SL 1982, ch 71, § 1; SL 2021, ch 44, § 44.
S.D. Codified Laws § 9-33-11 — SD Code / Title 9 / Chapter 33 / Section 9-33-11
Maintenance of fire-fighting equipment and water supply
Status: in_force

Every municipality shall have power to construct, operate, and maintain fire stations, fire engines, fire apparatus, and equipment, a system of fire signals, fire hydrants, and mains, and a water supply for prevention and extinguishment of fires.

Source: SL 1890, ch 37, art V, § 1, subdiv 52, 77; RPolC 1903, § 1229, subdiv 52; RPolC 1903, § 1438, subdiv 3; SL 1913, ch 119, § 53, subdiv 52, 76; RC 1919, § 6169 (13), (20); SDC 1939, § 45.0201 (48).
S.D. Codified Laws § 9-14-40 — SD Code / Title 9 / Chapter 14 / Section 9-14-40
Housing for police officers and personnel--Terms--Rent
Status: in_force

Any second or third class municipality within the State of South Dakota may erect, purchase, lease, rent, equip, furnish, insure, sell, and move dwellings to be used as housing for police officers and other police personnel of the municipality. Such municipality may establish the terms and rental amounts under which such dwellings are occupied.

Source: SL 2004, ch 76, § 1.
S.D. Codified Laws § 9-13-33 — SD Code / Title 9 / Chapter 13 / Section 9-13-33
Continuation of incumbent in office if re-elected
Status: in_force

If the incumbent shall be elected, he shall continue in office and not be obliged again to qualify.

Source: SL 1913, ch 119, § 15; RC 1919, § 6332; SL 1937, ch 176, § 1; SDC 1939, § 45.1325; SL 1963, ch 280.
S.D. Codified Laws § 9-8-2 — SD Code / Title 9 / Chapter 8 / Section 9-8-2
Mayor--Vacancy--Mayor pro tempore--Resignation--Temporary absence or incapacity
Status: in_force

If there is a vacancy from any cause in the office of the mayor, the vacancy must be filled by a motion supported by a majority vote of all the aldermen. The motion must be made at a meeting of the aldermen held as soon as practicable after the vacancy occurs. The individual appointed as the mayor serves until the office is filled by election for the unexpired term at the next regular election or by special election as provided in § 9-13-14.2 . A special election may not be held if the vacancy in the office of the mayor occurs within the twelve months preceding the regular election for the office of the mayor. Until the vacancy is filled, the powers and duties of the mayor are executed by the mayor pro tempore, as provided in § 9-8-13 .

The president of the council shall serve as the mayor pro tempore until the vacancy in the office of the mayor is filled by appointment or election. In the case of a temporary absence or temporary incapacitation of the president of the council, or a vacancy in the office of the president of the council, the vice president of the council shall serve as the mayor pro tempore until the earliest of the following occurs:

(1) The temporary absence or temporary incapacitation of the president of the council concludes;

(2) The vacancy in the office of the president of the council is filled; or

(3) The vacancy in the office of the mayor is filled by appointment or election.

A resignation by the mayor must be in writing and must specify the effective date of the resignation. A temporary absence or temporary incapacitation of the mayor is not a vacancy in the office of the mayor.

Source: SL 1890, ch 37, art III, § 2; RPolC 1903, §§ 1182, 1184; SL 1907, ch 89; RC 1919, § 6205; SDC 1939, § 45.0701; SL 1959, ch 267; SL 1981, ch 64; SL 2005, ch 48, § 1; SL 2017, ch 56, § 3; SL 2025, ch 38, § 19; SL 2026, ch 32, § 8; SL 2026, ch 33, § 1.
S.D. Codified Laws § 9-7-3 — SD Code / Title 9 / Chapter 7 / Section 9-7-3
Terms of office of trustees--Vacancy
Status: in_force

A member of the board of trustees holds office for a term of three years and until the member's successor is elected and qualified. A vacancy on the board must be filled as provided in § 9-13-14.1 or 9-13-14.2 . A board of trustees may, by resolution, increase the length of terms from three to four years for the purpose of conducting the regular municipal election only in even-numbered years, as provided in § 9-13-1.3 .

For purposes of staggering terms, when a municipality is organized, the trustees must be elected for terms of one, two, and three years at the first regular election. At subsequent elections each trustee must be elected for a term of three years.

Source: SL 1907, ch 243, § 1; RC 1919, § 6197; SL 1931, ch 200, § 1; SDC 1939, § 45.0602; SL 1992, ch 60, § 2; SL 2014, ch 50, § 2; SL 2025, ch 38, § 14; SL 2026, ch 32, § 7.
S.D. Codified Laws § 9-35-14 — SD Code / Title 9 / Chapter 35 / Section 9-35-14
Contents of petition for bus or transit service--Conduct of election
Status: in_force

The petition shall set forth the question or questions which the petitioners desire submitted to the voters, and shall be filed with the city auditor. The form of such petition and the conduct of the election shall be carried on in the manner set forth by chapter 9-20 .

Source: SL 1970, ch 65, § 3.
S.D. Codified Laws § 9-13-26.1 — SD Code / Title 9 / Chapter 13 / Section 9-13-26.1
Runoff election when no candidate receives a majority of votes--Conduct of election
Status: in_force

If a municipality has passed an ordinance requiring a runoff election, and no candidate in a race involving three or more candidates receives a majority of the votes cast in the race, a runoff election shall be held three weeks from the date of the first election. At the runoff election, the only persons voted for shall be the two candidates receiving the highest number of votes at the first election. However, if there is a tie for second place in the first election and there is no tie for first place, all tying second place candidates shall be placed along with the first place candidate on the ballot for the runoff election. The runoff election shall be held at the same polling places and shall be conducted, returned, and canvassed in the same manner as the first election. The result shall be declared and entered in the minutes of the municipality in the same manner as the first election. The person receiving the highest number of votes at the runoff election is elected.

Source: SL 2010, ch 74, § 8; SL 2017, ch 69, § 6.
S.D. Codified Laws § 9-41A-14 — SD Code / Title 9 / Chapter 41A / Section 9-41A-14
Appointment of officers of agency--Removal--Powers and duties
Status: in_force

Unless the agency agreement or bylaws prescribe otherwise, the board of directors shall appoint a president from its membership, and a secretary and treasurer, and any other officers or agents deemed to be necessary, who may be representatives or directors. An officer may be removed with or without cause by the board of directors. Officers of the municipal power agency shall have the authority and duties in the management of the business of the municipal power agency that the agency agreement or bylaws prescribe, or, in the absence of such prescription, as the board of directors determines.

Source: SL 1978, ch 66, § 9.
S.D. Codified Laws § 9-44-9 — SD Code / Title 9 / Chapter 44 / Section 9-44-9
Reduction of assessments on decision to pay bonds from taxes or service charges--Supplemental assessments on property benefited
Status: in_force

In the event that the governing body shall determine to pay any portion of municipal improvement bonds from taxes and/or collections of service charges, it may direct that the estimate for special assessments and the assessment roll shall specify the portion of cost to be paid by assessment, the portion to be paid by taxes, and the portion to be paid exclusively by revenues, and the assessment on benefited property may be reduced proportionately; but the assessable cost of the improvement shall not be decreased by the reduction of the assessment, and the governing body may and if necessary shall levy supplemental assessments on specially benefited property to the full amount of such benefit.

Source: SL 1947, ch 219, § 5; SDC Supp 1960, § 45.21A05.
S.D. Codified Laws § 9-22-3 — SD Code / Title 9 / Chapter 22 / Section 9-22-3
Duplicate receipts given by treasurer--Filing with auditor or clerk
Status: in_force

The treasurer shall give every person paying money into the treasury a duplicate receipt therefor, specifying the date of payment and upon what account paid.

He shall also file copies of such receipts with the auditor or clerk at the date of his monthly report.

Source: SL 1890, ch 37, art VIII, § 6; RPolC 1903, § 1252; SL 1913, ch 119, § 73; RC 1919, § 6293; SDC 1939, § 45.1125.
S.D. Codified Laws § 9-14-35 — SD Code / Title 9 / Chapter 14 / Section 9-14-35
Inclusion of retired officers and employees and dependents of deceased officers and employees in insurance program
Status: in_force

The governing body of a municipality, or a municipal retirement system may, in its discretion, include retired employees and officers and their spouses and dependents eligible under the appropriate policy and the spouses and dependents eligible under the appropriate policy of deceased employees and officers under the provisions of §§ 9-14-30 to 9-14-34 , inclusive. The governing body may pay up to one hundred percent of the cost of the premiums for such insurance for such retired employee or officer who shall have at least fifteen years' service as an employee or officer of the municipality and who shall have participated at least five years, immediately preceding such retirement, in such municipal insurance program. No eligibility requirement applies to any employee or officer who retired as the result of a duty incurred disability. In addition, the governing body of a municipality or a municipal retirement system may, in its discretion, pay up to one hundred percent of the premium for medicare supplemental health insurance for retired employees, officers, their spouses, and the spouses of deceased retired employees and officers if the retired employee or officer had at least fifteen years' service as an employee or officer of the municipality and had participated for at least five years, immediately preceding such retirement, in the municipality's insurance program.

Source: SDC Supp 1960, § 45.0201-1(7) as added by SL 1964, ch 139; SL 1965, ch 212; SL 1986, ch 70, § 2; SL 1993, ch 71; SL 2022, ch 23, § 1.
S.D. Codified Laws § 9-48-20 — SD Code / Title 9 / Chapter 48 / Section 9-48-20
Minimum distance between sewer connections
Status: in_force

No more than one sewer connection shall be made for each platted lot, or for each forty - four feet of frontage of unplatted ground, in the residence section, and for each twenty - two feet of frontage in the business section of the municipality, except when the abutting owner requests in writing the placing of sewer connections at a less number of feet.

Source: SL 1913, ch 119, § 53, subdiv 12; RC 1919, § 6357; SDC 1939, § 45.1818.
S.D. Codified Laws § 9-44-10 — SD Code / Title 9 / Chapter 44 / Section 9-44-10
Bonds payable from improvement fund--Negotiability--Municipal obligation limited
Status: in_force

All bonds shall be payable solely out of the fund of the improvement or improvements to be financed thereby but they shall be negotiable investment securities within the meaning of chapter 57A-8 . The obligation of the municipality with reference thereto shall be limited to the proper administration of the fund and the support of the same by the methods provided in this chapter and as provided in the resolution or ordinance authorizing the bond issue.

Source: SL 1947, ch 219, § 2; SDC Supp 1960, § 45.21A02; SL 1984, ch 43, § 88.
S.D. Codified Laws § 9-54-9 — SD Code / Title 9 / Chapter 54 / Section 9-54-9
Municipal obligations restricted by contractual payments from facilities
Status: in_force

Nothing in this chapter shall be so construed as to authorize or permit any municipality to make any contract or to incur any obligation of any kind or nature except such as shall be payable solely out of the contractual payments from such facilities.

Source: SL 1964, ch 148, § 4.
S.D. Codified Laws § 9-31-3 — SD Code / Title 9 / Chapter 31 / Section 9-31-3
Speed regulation
Status: in_force

Every municipality shall have power to regulate the speed of animals, vehicles, motor vehicles, cars, and locomotives.

Source: SL 1890, ch 37, art V, § 1, subdiv 21; RPolC 1903, § 1229, subdiv 21; SL 1913, ch 119, § 53, subdiv 21; RC 1919, § 6169 (53); SDC 1939, § 45.0201 (41).
S.D. Codified Laws § 9-43-93 — SD Code / Title 9 / Chapter 43 / Section 9-43-93
List of amended items to be published--Hearing
Status: in_force

If the governing body equalizes or amends the assessment roll, a list of all items of assessment changed or amended shall be published and notice and hearing shall be held as provided in § 9-43-90 .

Source: SL 2012, ch 57, § 21.
S.D. Codified Laws § 9-41A-3 — SD Code / Title 9 / Chapter 41A / Section 9-41A-3
Contents of agency agreement
Status: in_force

The agency agreement authorized in § 9-41A-2 shall state:

(1) That the municipal power agency is created and incorporated under the provisions of this chapter as a municipal corporation and a political subdivision of the state, to exercise thereunder a part of the sovereign powers of the state;

(2) The name of the agency, which shall include the words "municipal power agency";

(3) The names of the first and second class municipalities which have approved the agency agreement and are the initial members of the municipal power agency;

(4) The names and addresses of the persons initially appointed by the resolutions approving the agreement to act as the representatives or alternate representatives of the first and second class municipalities, respectively, in the exercise of their powers as members;

(5) Limitations upon the terms of representatives or alternate representatives of the respective member first and second class municipalities, provided that the representatives or alternate representatives shall be selected and vacancies in their offices declared and filled by resolutions of the governing bodies of the respective municipalities;

(6) The names of the initial board of directors of the municipal power agency, who shall be not less than three persons who are representatives of the respective member first and second class municipalities, selected by the representatives; or the agreement may provide that the representatives of the member municipalities from time to time shall be and constitute the board of directors;

(7) The location by municipality, or other community in the state, of the registered office of the municipal power agency;

(8) That the first and second class municipalities which are members of the municipal power agency are not liable for its obligations; and

(9) Any other provision for regulating the business of the municipal power agency or the conduct of its affairs which may be agreed by the member first and second class municipalities.

Source: SL 1978, ch 66, § 3; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-39-36 — SD Code / Title 9 / Chapter 39 / Section 9-39-36
Municipal power to sell, lease, or grant operating contract for utility
Status: in_force

Every municipality shall have power to sell, convey, and dispose of the plant or equipment of any public utility owned by the municipality and to contract for the leasing or operation of such plant, equipment, or utility by others, and to grant to the lessee or operator under such a contract the right to purchase such plant, equipment, or utility upon such terms and conditions as may be expressed in the contract, after authorization as provided by this title.

Source: SL 1917, ch 314; RC 1919, § 6169 (19); SL 1925, ch 242; SL 1929, ch 201; SL 1931, ch 195; SDC 1939, § 45.0201 (76).
S.D. Codified Laws § 9-29-25 — SD Code / Title 9 / Chapter 29 / Section 9-29-25
City workhouse--Purposes for which used
Status: in_force

Every first or second class municipality shall have power to establish, maintain, and regulate a city jail, house of correction, and workhouse for the confinement and reformation of disorderly persons, vagrants, tramps, and idle persons, and persons convicted of violating any ordinance of the municipality, and appoint necessary jailers and keepers.

Source: SL 1890, ch 37, art V, § 1, subdiv 55; RPolC 1903, § 1229, subdiv 55; SL 1913, ch 119, § 53, subdiv 55; RC 1919, § 6170 (8); SDC 1939, § 45.0202 (7); SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-33-4.1 — SD Code / Title 9 / Chapter 33 / Section 9-33-4.1
Adoption of building codes authorized
Status: in_force

Each municipality may adopt by ordinance certain building codes pursuant to § 11-10-5 .

Source: SL 1973, ch 52; SL 1974, ch 77; SL 2001, ch 47, § 1.
S.D. Codified Laws § 9-6-6 — SD Code / Title 9 / Chapter 6 / Section 9-6-6
Petition for dissolution--Decree
Status: in_force

The court must render a judgment decreeing the dissolution of a municipality if:

(1) The referee reports that:

(a) At the time the petition for dissolution is filed, the population of the municipality is less than two hundred fifty; and

(b) The petition has been executed by property owners owning more than one-half of the real property within the municipality, both in area and in assessed valuation; and

(2) The court determines it is in the best interests of the municipality and the property owners that the municipality be dissolved.

Source: SL 1903, ch 91, § 3; RC 1919, § 6568; SDC 1939, § 45.3004; SL 2025, ch 38, § 6.
S.D. Codified Laws § 9-19-22 — SD Code / Title 9 / Chapter 19 / Section 9-19-22
9-19-22. Guaranteed income program prohibited--Enforcement--Definition
Status: in_force

A municipality may not adopt, enforce, or maintain an ordinance, order, or rule for the purpose of making payments to an individual under a guaranteed income program. If a municipality fails to comply with the order, the attorney general must bring an action in the name of the state for injunctive relief against a municipality that has adopted an ordinance, order, rule, or program in violation of this section.

For the purposes of this section, the term "guaranteed income program" means a plan funded or administered by the government under which an individual is provided with regular, unconditional cash payments to be used for any purpose by the individual. The term does not include a program under which an individual is required to seek reemployment as a condition of any payments, perform work, or attend training.
S.D. Codified Laws § 9-21-7 — SD Code / Title 9 / Chapter 21 / Section 9-21-7
Supplemental appropriation ordinance for indispensable functions or discharge of municipal duties
Status: in_force

In the event of the failure to provide by the annual appropriation ordinance, sufficient revenue to enable the municipality to conduct the indispensable functions of government in any department, or to discharge any duty which it is the lawful duty of the municipality to discharge and which requires the incurring of liabilities or expenditures of funds for a purpose or object for which no provision has been made in the annual appropriation ordinance for such fiscal year, and when any of such occasions arise the governing body of such municipality may make, approve and adopt a supplemental appropriation ordinance, providing therein for appropriations for any or such purposes in such amounts as said governing body may determine necessary and such supplemental appropriation ordinance shall set out in detail each item for which an appropriation is made and the amount thereof. The adoption of such supplemental appropriation ordinance shall be governed by the same laws pertaining to the adoption of the annual appropriation ordinance.

Source: SDC 1939, § 45.1402 (3) as added by SL 1953, ch 257.
S.D. Codified Laws § 9-23-16 — SD Code / Title 9 / Chapter 23 / Section 9-23-16
Loss of priority by failure to present warrant for annual interest--Name and address filed with treasurer
Status: in_force

Any warrant holder who shall fail to present his warrant to the treasurer within thirty days after the treasurer shall have mailed him notice to present the same, addressed to such holder's last known address, shall lose his right to payment in the order provided in § 9-23-15 . No holder of a registered warrant shall be entitled to payment in the order provided in § 9-23-15 unless he shall first have filed with the treasurer a description of the warrant or warrants held by him and his name and post office address.

Source: SL 1933, ch 160, § 2; SDC 1939, § 45.1419.
S.D. Codified Laws § 9-10-6 — SD Code / Title 9 / Chapter 10 / Section 9-10-6
Commissioner form--Special election of commissioners after manager employed--Initial mayor
Status: in_force

Within sixty days after an election directing the employment of a city manager in any commission-governed municipality, a special election must be called and held to elect the nine at-large commissioners. A plurality vote in the election of commissioners is sufficient to elect the commissioners.

The commissioners shall qualify as provided by law and organize by electing a commissioner to act as mayor until the first regular meeting of the board of commissioners in the month following the first regular election of commissioners. At the first regular meeting in the month following the first election, the commissioners shall elect a commissioner to act as mayor for a term of one year.

Source: SL 1918, ch 56, § 1; RC 1919, § 6234; SL 1935, ch 158, § 13; SDC 1939, § 45.0906; SL 1992, ch 60, § 2; SL 2008, ch 34, § 2; SL 2025, ch 38, § 43; SL 2026, ch 32, § 15.
S.D. Codified Laws § 9-4-10 — SD Code / Title 9 / Chapter 4 / Section 9-4-10
Court order for exclusion of territory--Dismissal of petition
Status: in_force

If upon the hearing the court shall find that the request of the petitioners ought to be granted and can be granted without injustice to the inhabitants or persons interested, the court shall so order.

If the court shall find against the petitioners, the petition shall be dismissed at the cost of the petitioners.

Source: SL 1887, ch 104, § 5; CL 1887, § 1118; RPolC 1903, § 1512; RC 1919, § 6558; SDC 1939, § 45.2904.
S.D. Codified Laws § 9-9-26 — SD Code / Title 9 / Chapter 9 / Section 9-9-26
Board of three commissioners--Authority of mayor--Temporary absence or vacancy of commissioner
Status: in_force

If a municipality is governed by a board consisting of three commissioners, the mayor must 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 state law. The mayor is the chief executive officer of the municipality, shall preside 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 the commissioner. The mayor shall see that all the laws of the municipality are enforced and 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 required by ordinance to be granted by the board or by some other department or officer.

Source: SL 1913, ch 119, § 19; SL 1915, ch 113, § 3; RC 1919, § 6226; SDC 1939, § 45.0807 (1); SL 1992, ch 60, § 2; SL 2018, ch 49, § 25; SL 2025, ch 38, § 37.
S.D. Codified Laws § 9-42-11 — SD Code / Title 9 / Chapter 42 / Section 9-42-11
Contract executed after acceptance of bid--Provision for payment by special assessment certificates
Status: in_force

When any bid is accepted, the governing body shall direct a contract to be entered into with the successful bidder.

When the improvement is to be paid for by special assessment certificates, such contract shall provide that the contractor shall receive in payment such certificates at their face value bearing interest at the rate specified in the notice for bids, to be issued as provided in this title.

Source: SL 1890, ch 37, art XX, § 4; RPolC 1903, § 1344; SL 1909, ch 110, § 9; RC 1919, § 6350; SDC 1939, § 45.1504.
S.D. Codified Laws § 9-16-3.1 — SD Code / Title 9 / Chapter 16 / Section 9-16-3.1
Board of Trustees
Status: in_force

The Board of Trustees required under the provisions of § 9-16-3 shall be composed as follows:

(1) Members of the governing body of the municipality or other individuals appointed by the governing body to represent it, the number to be set by ordinance;

(2) Members of the retirement and pension system selected by the membership, the number to equal the number of governing body representatives pursuant to subdivision (1) of this section; and

(3) One resident of the municipality who is not an official or employee of the municipality and whose membership on the Board of Trustees creates no conflict of interest. The member shall be nominated and approved by an affirmative majority vote of the trustees selected pursuant to subdivisions (1) and (2) of this section.

Source: SL 1984, ch 56, § 2.
S.D. Codified Laws § 9-43-116 — SD Code / Title 9 / Chapter 43 / Section 9-43-116
Transfer of special assessment bonds to general obligation bond sinking fund
Status: in_force

If general obligation bonds are authorized, issued, and sold and the proceeds expended for the purpose of any local improvements of a type for which assessments may lawfully be levied, and if assessments have been levied on account of such improvements in the manner prescribed by law, special assessment bonds may be issued in anticipation of the collection of the assessments and may be transferred and appropriated to the debt service fund for the general obligation bonds, in reimbursement of all or any part of the sum expended. The amount of bonds transferred and appropriated may not exceed the sum expended, less any portion of the cost of the improvements to be assumed by the municipality. Any assessment bonds not transferred may be sold to third parties to provide additional moneys for financing the improvement.

Source: SL 2012, ch 57, § 44.
S.D. Codified Laws § 9-30-4 — SD Code / Title 9 / Chapter 30 / Section 9-30-4
Traffic and sales in public places
Status: in_force

Every municipality shall have power to regulate traffic and sales upon the streets and sidewalks and in public places.

Source: SL 1890, ch 37, art V, § 1, subdiv 20; RPolC 1903, § 1229, subdiv 20; SL 1913, ch 119, § 53, subdiv 20; RC 1919, § 6169 (52); SDC 1939, § 45.0201 (42).
S.D. Codified Laws § 9-53-16 — SD Code / Title 9 / Chapter 53 / Section 9-53-16
Charges for use of hall--Purposes to which applied
Status: in_force

In addition the governing body by resolution may impose and collect reasonable charges for the use of the public convention hall constructed under the provisions of this chapter. The money so received shall be deposited in the municipal treasury to the credit of the public convention hall fund and applied in order to the following purposes exclusively:

(1) The payment of necessary expenses of maintaining, insuring, and repairing such public convention hall;

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

(3) At the time all indebtedness has been paid in full, the balance, if any, after paragraph (1) herein is satisfied shall be transferred to the general fund of the municipality.

Source: SL 1967, ch 230, § 11.
S.D. Codified Laws § 9-40-23 — SD Code / Title 9 / Chapter 40 / Section 9-40-23
Bonds set apart for payment of underlying debt--Income set aside for debt retirement
Status: in_force

The governing body may also set apart bonds hereunder authorized equal to the amount of any lien, secured debt, or charge then subsisting against any utility at the time of the purchase or acquisition of such utility pursuant to this chapter, and shall set aside for interest and debt service funds from the balance of the income and revenues of such utility, remaining after setting aside the necessary amount or funds for the payment of principal of and interest on the revenue bonds, a sum sufficient to comply with the requirements of the instrument or contract creating the underlying lien, debt, or charge; or, if such instrument or contract does not make any provision therefor, said governing body shall fix and determine the amount which shall be set aside into said interest and debt service funds for interest and principal payments on said underlying lien, debt, or charge at the maturity thereof. Any surplus after satisfying the underlying lien, debt, or charge may be transferred to the fund for the redemption of the principal and interest of bonds issued hereunder.

Source: SL 1931, ch 194, § 18; SDC 1939, § 45.2417; SL 1949, ch 191, § 9.
S.D. Codified Laws § 9-52-12 — SD Code / Title 9 / Chapter 52 / Section 9-52-12
Reference to authorizing resolutions for matters not covered in bonds--Negotiability
Status: in_force

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

Source: SL 1951, ch 246, § 6; SDC Supp 1960, § 45.24B06; SL 1984, ch 43, § 98.
S.D. Codified Laws § 9-22-21 — SD Code / Title 9 / Chapter 22 / Section 9-22-21
Annual financial report--Publication--Filing
Status: in_force

The financial officer shall report to the governing body no later than the first regular meeting of May of each year, the receipts, expenses and financial condition of the municipality. The report shall include the amount of funds in the treasury at the time the report is made and where and in what amounts the funds are deposited or invested. The report shall be published in the official newspaper, or any other newspaper as the governing body may direct within thirty days after the report is made to the governing body or on completion of an annual audit. By the last day of May each year the financial officer shall file a copy of the report with the Department of Legislative Audit.

Source: SDC 1939, § 45.1120; SL 1961, ch 248; SL 1974, ch 75; SL 1977, ch 73, § 3; SL 1983, ch 61; SL 1997, ch 50, § 1; SL 2018, ch 53, § 1.
S.D. Codified Laws § 9-29-14 — SD Code / Title 9 / Chapter 29 / Section 9-29-14
Fences and party walls
Status: in_force

Every municipality shall have power to regulate partition fences and party walls.

Source: SL 1890, ch 37, art V, § 1, subdiv 48; RPolC 1903, § 1229, subdiv 48; SL 1913, ch 119, § 53, subdiv 48; RC 1919, § 6169 (28); SDC 1939, § 45.0201 (49).
S.D. Codified Laws § 9-51-34 — SD Code / Title 9 / Chapter 51 / Section 9-51-34
Financing law alternative and independent of other laws
Status: in_force

The powers conferred in §§ 9-51-9 to 9-51-33 , inclusive, shall be in addition and alternative to the powers conferred by any other law and said sections shall be construed as complete and independent and may be used notwithstanding and without reference to or limitation by any other laws relating to on - street or off - street parking lots and areas or facilities or the revenues obtained therefrom including §§ 9-51-2 to 9-51-8 , inclusive.

Source: SL 1955, ch 216, § 11; SDC Supp 1960, § 45.02A11.
S.D. Codified Laws § 9-14-10 — SD Code / Title 9 / Chapter 14 / Section 9-14-10
Vacancy created--Officer moving from district, municipality, or ward
Status: in_force

An immediate vacancy is created if any elected municipal officer moves from the district, municipality, or ward for which the officer was elected or appointed to fill the vacancy of the office.

Source: SL 1890, ch 37, art III, § 3; SL 1890, ch 37, art XIV, § 11; RPolC 1903, § 1294; SL 1913, ch 119, § 113; RC 1919, § 6274; SDC 1939, § 45.1108; SL 2016, ch 50, § 3; SL 2026, ch 33, § 9.
S.D. Codified Laws § 9-10-19 — SD Code / Title 9 / Chapter 10 / Section 9-10-19
City manager--Authority to contract--Delegation
Status: in_force

Except as otherwise provided in this section, a contract of the municipality is not valid unless the contract has been authorized by a vote of the governing body at an official meeting, is executed in the name of the municipality by the mayor, is countersigned by the finance officer, and has the corporate seal attached.

Pursuant to § 9-1-5 , the governing body of a municipality may, by ordinance or resolution, delegate to the manager 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 established by the governing body.

Source: SL 2025, ch 38, § 55.
S.D. Codified Laws § 9-14-6 — SD Code / Title 9 / Chapter 14 / Section 9-14-6
Oath of appointed officers--Bond--Exception--Amount--Blanket coverage
Status: in_force

Each appointed officer, before entering upon the discharge of the duties of the office, shall take an oath or affirmation of office, in the usual form provided by law.

Each appointed officer shall furnish a bond for the faithful performance of the duties of the office and to account, pay over, and deliver all money or property coming into the officer's hands by virtue of that office. The governing body shall establish the amount of the bond applicable to each officer annually. The requirement for an individual bond is satisfied if the municipality provides blanket coverage pursuant to § 3-5-14 .

Source: SL 1890, ch 37, art VI, § 4; RPolC 1903, § 1238; SL 1913, ch 119, § 60; RC 1919, § 6272; SL 1920 (SS), ch 72; SDC 1939, § 45.1106; SL 1971, ch 58, § 1; SL 1992, ch 60, § 2; SL 2014, ch 51, § 1; SL 2026, ch 33, § 7.
S.D. Codified Laws § 9-55-9 — SD Code / Title 9 / Chapter 55 / Section 9-55-9
Petition for hearing
Status: in_force

The owners of a majority of the assessable front footage in a business area or the users of a majority of space in a business area may, by petition, direct the governing body to hold a hearing to create a district pursuant to this chapter.

Source: SL 1986, ch 81, § 9; SL 1990, ch 68, § 3.
S.D. Codified Laws § 9-35-12 — SD Code / Title 9 / Chapter 35 / Section 9-35-12
Municipal bus or transit service authorized--Territory serviced
Status: in_force

A municipality may, by vote of its voters as provided in §§ 9-35-13 and 9-35-14 , provide bus or transit service within the municipality or a zone adjacent thereto, enter into agreements with other persons for such services, and appropriate funds for such purposes.

Source: SL 1970, ch 65, § 1; SL 1995, ch 48.
S.D. Codified Laws § 9-52-9 — SD Code / Title 9 / Chapter 52 / Section 9-52-9
Covenants and agreements with bondholders for administration and security of bonds--Bondholders' right to compel performance
Status: in_force

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

Source: SL 1951, ch 246, § 3; SDC Supp 1960, § 45.24B03.
S.D. Codified Laws § 9-43-135 — SD Code / Title 9 / Chapter 43 / Section 9-43-135
Notice of reassessment
Status: in_force

If any reassessment is required, the governing body shall appoint a time for making the reassessment. The finance officer shall give ten days' notice to the owner of any lot to be reassessed, by mail addressed to the owner's last mailing address as shown by the records of the director of equalization, and shall publish notice of the reassessment once not less than ten nor more than twenty days before the time set for the reassessment. After publication of the approved resolution, the governing body may proceed with the levying and forwarding for the collection of special assessments.

Source: SL 2012, ch 57, § 63.
S.D. Codified Laws § 9-13-27.2 — SD Code / Title 9 / Chapter 13 / Section 9-13-27.2
Tie vote--Recount--Determination by lot
Status: in_force

If a tie vote exists after a canvass of original official returns, the governing body making the canvass shall certify the vote to the finance officer. The finance officer shall then notify the candidates that if no request for recount is made in writing to the finance officer within five days after the certification, the winner shall be determined by drawing of lots. If no recount request is made or a tie vote between candidates is found to exist on the basis of the recount, the finance officer shall fix a time and place for the drawing of lots, giving reasonable notice of the time and place to each of the tied candidates. The drawing of lots shall be in the manner directed by the finance officer and the certificate of election shall be issued to the candidate winning in the drawing.

Source: SL 1983, ch 55; SL 1995, ch 44, § 1.
S.D. Codified Laws § 9-52-16 — SD Code / Title 9 / Chapter 52 / Section 9-52-16
Admission charges and auditorium rentals--Adequacy for expenses, return on municipal investment and retirement of bonds
Status: in_force

The governing body of each municipality issuing bonds under this chapter shall have the authority, and it shall be its duty, to establish and collect reasonable charges for the admission of all persons to the auditorium premises for the purpose of use of any of the facilities of the auditorium and for attendance at or participation in any recreational, athletic, or educational activities or exhibitions conducted by the municipality or any board or department thereof, or for any other purpose except operation and maintenance of the premises and activities necessary to the functioning of the municipal government, and shall also have the authority and duty to establish and collect reasonable rentals for all use and occupancy and reservation for use or occupancy of the premises and any part thereof, for any purpose, by any person, firm, or public or private corporation other than the municipality itself, whether or not such person, firm, or corporation shall charge for admission of individuals to the premises when so rented. Such rentals and charges shall be fixed according to schedules, and shall be revised when necessary, so as to produce gross revenues at all times sufficient for current operation and maintenance of the auditorium and payment of a reasonable return to the municipality on any investment of general funds therein, and to produce net revenues sufficient for prompt payment of all outstanding revenue bonds and interest and creation and maintenance of agreed reserves.

Source: SL 1951, ch 246, § 3; SDC Supp 1960, § 45.24B03.
S.D. Codified Laws § 9-38-69 — SD Code / Title 9 / Chapter 38 / Section 9-38-69
Special fund for swimming pool revenue bonds--Pledge of income
Status: in_force

Prior to delivery of any such bonds, the governing body shall by said resolutions create a special fund and appropriate and pledge thereto all gross receipts in respect of rentals, fees, licenses, and other charges however designated, imposed by the municipality for the use or occupancy of swimming pool facilities and of any future additions and betterments thereto or for admission of individuals to the same or any part thereof.

Source: SL 1957, ch 258, § 2; SDC Supp 1960, § 45.24D02.
S.D. Codified Laws § 9-16-5.3 — SD Code / Title 9 / Chapter 16 / Section 9-16-5.3
Annual report--Contents--Publication--Filing
Status: in_force

Any retirement system subject to the provisions of this chapter shall publish an annual report containing financial statements and an actuarial valuation of the system. The report shall be filed with the Retirement Laws Committee created by § 2-6-8 and shall be available to each member of the system.

Source: SL 1984, ch 56, § 8.
S.D. Codified Laws § 9-8-12 — SD Code / Title 9 / Chapter 8 / Section 9-8-12
Mayor--Temporary absence or incapacity--Mayor pro tempore
Status: in_force

In the temporary absence or temporary incapacitation of the mayor, the president of the council shall serve as the mayor pro tempore, as provided in § 9-8-13 , until the temporary absence or temporary incapacitation ends.

In the temporary absence or disability of the mayor and president of the council, the vice president of the council shall serve as the mayor pro tempore until the temporary absence or temporary incapacitation ends.

Source: SL 2025, ch 38, § 26.
S.D. Codified Laws § 9-6-3 — SD Code / Title 9 / Chapter 6 / Section 9-6-3
Petition for dissolution--Show cause order to municipality--Service
Status: in_force

Upon the filing of a petition for dissolution, as provided in §§ 9-6-1 and 9-6-2 , the circuit court shall issue an order to the municipality to show cause why the petition should not be granted. The order must be served in the same manner as a summons in a civil action against a municipality.

Source: SL 1903, ch 91, § 2; RC 1919, § 6567; SDC 1939, § 45.3003; SL 2025, ch 38, § 3.
S.D. Codified Laws § 9-3-20 — SD Code / Title 9 / Chapter 3 / Section 9-3-20
Validity of incorporation questioned only by state
Status: in_force

The validity of the incorporation of any municipality may only be challenged in an action or proceeding instituted by or on behalf of the state.

Source: PolC 1877, ch 24, § 53; CL 1887, § 1078; RPolC 1903, § 1467; RC 1919, § 6159; SDC 1939, § 45.0111; SL 2024, ch 28, § 32.
S.D. Codified Laws § 9-22-1 — SD Code / Title 9 / Chapter 22 / Section 9-22-1
Receipts paid into municipal treasury--Funds designated by annual appropriation ordinance
Status: in_force

All money belonging to the municipality derived from taxation, licenses, fines, forfeitures, the operation of waterworks or other public utility owned or operated by it, or from any other source, shall be paid into the municipal treasury, and the governing body by the annual appropriation ordinance shall designate to what fund or funds such money shall be applied.

Source: SL 1913, ch 119, § 117; RC 1919, § 6340; SDC 1939, § 45.1412.
S.D. Codified Laws § 9-51-1 — SD Code / Title 9 / Chapter 51 / Section 9-51-1
Legislative findings and policy
Status: in_force

It is hereby declared that the free circulation of traffic through the streets of any municipality is necessary to the health, safety, and general welfare of the public; that the greatly increased use by the public of motor vehicles and the parking of such vehicles in the streets and the lack of adequate off - street parking facilities creates congestion, obstructs the free circulation of traffic, diminishes property values and endangers the health, safety, and general welfare of the public; that the provision of conveniently located automobile parking facilities is therefore necessary to the exercise of the police power in the regulation and control of traffic and to alleviate such conditions, and the establishment of automobile parking facilities including off - street parking facilities is deemed to be a proper public or municipal purpose.

Source: SL 1955, ch 216, § 1; SDC Supp 1960, § 45.02A01.
S.D. Codified Laws § 9-55-6 — SD Code / Title 9 / Chapter 55 / Section 9-55-6
Composition of board--Vacancies--Terms--Officers
Status: in_force

The board shall consist of no less than five members to serve such terms as the governing body, by resolution, determines. The mayor, with the approval of the governing body, shall fill any vacancy for the remainder of the term vacated. A member of such board may serve more than one term. The board shall select from its members a chairperson and a secretary.

Source: SL 1986, ch 81, § 6.
S.D. Codified Laws § 9-45-14 — SD Code / Title 9 / Chapter 45 / Section 9-45-14
Establishment of grade of street, alley, or sidewalk--Record kept by auditor or clerk
Status: in_force

The governing body of any municipality by ordinance may establish the grade of any street, alley, or sidewalk in the municipality. A record of the same shall be kept, together with the profile thereof in the office of the auditor or clerk.

Source: SL 1890, ch 37, art XVI, § 18; RPolC 1903, § 1306; RC 1919, § 6356; SDC 1939, § 45.1707.
S.D. Codified Laws § 9-39-25 — SD Code / Title 9 / Chapter 39 / Section 9-39-25
Utility board powers limited by municipal powers
Status: in_force

Nothing in §§ 9-39-19 to 9-39-24 , inclusive, is to be construed as vesting any power or powers in any such municipal utilities board or in any municipality beyond the powers now vested in municipal corporations relative to the management and control of utilities.

Source: SL 1955, ch 221, § 4; SDC Supp 1960, § 45.3904 (6).
S.D. Codified Laws § 9-39-33 — SD Code / Title 9 / Chapter 39 / Section 9-39-33
Time of change in utility management after approval by voters
Status: in_force

If a majority of the votes cast on such question is in the affirmative, the change in utility management and control indicated thereby shall take place at the first regular meeting of the governing body following such special election.

Source: SL 1955, ch 221, § 7; SDC Supp 1960, § 45.3907 (2).
S.D. Codified Laws § 9-38-92 — SD Code / Title 9 / Chapter 38 / Section 9-38-92
Park board responsibility for maintenance and improvement of recreation grounds--Parks used where possible
Status: in_force

Except in those first and second class municipalities in which the powers and duties of a recreation board have been delegated to the park board of the municipality, the maintenance and improvement of the grounds of any land acquired by the recreation board for public recreation, playground, or children's park purposes shall be the responsibility of the park board of the municipality; and, when possible, public parks, or designated areas thereof, within the municipality shall be used in the operation of a system of public recreation, playgrounds, and children's parks.

Source: SL 1949, ch 202, § 23; SDC Supp 1960, § 45.3223; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-11-10 — SD Code / Title 9 / Chapter 11 / Section 9-11-10
Continuation in force of ordinances, contracts, rights and liabilities after change in form
Status: in_force

Any ordinance, resolution, contract, obligation, right, or liability of the municipality shall continue in force and effect the same as though no change of government has occurred.

Source: SDC 1939, § 45.0505; SL 1992, ch 60, § 2; SL 2000, ch 34, § 6.
S.D. Codified Laws § 9-14-22 — SD Code / Title 9 / Chapter 14 / Section 9-14-22
City attorney--Authority
Status: in_force

Except to the extent inconsistent with the appendix to chapter 16-18 , the city attorney shall:

(1) Furnish an opinion upon any matter relating to the affairs of the municipality or the official duties of municipal officers;

(2) Conduct the prosecution of all actions or proceedings arising out of the violation of any ordinance; and

(3) Perform any other professional services as required by ordinance or directed by the governing body.

Source: SL 1890, ch 37, art VII, § 1; RPolC 1903, § 1247; SL 1913, ch 119, § 68; RC 1919, § 6297; SL 1925, ch 248; SDC 1939, § 45.1129; SL 1957, ch 247; SL 1992, ch 60, § 2; SL 2026, ch 33, § 17.
S.D. Codified Laws § 9-42-1 — SD Code / Title 9 / Chapter 42 / Section 9-42-1
Definition of terms
Status: in_force

The words "local improvements" as used in this chapter shall mean and include all such public buildings, public works, and improvements or the repair thereof.

Source: SDC 1939, § 45.1501 as added by SL 1939, ch 189, § 1; SL 1953, ch 260, § 1.
S.D. Codified Laws § 9-22-6.1 — SD Code / Title 9 / Chapter 22 / Section 9-22-6.1
Savings and loan associations as official depositories
Status: in_force

Domestic savings and loan associations whether chartered by this state or by the United States are official depositories for municipal funds; provided such funds are invested only in the accounts of such associations which are insured by the Federal Savings and Loan Insurance Corporation. The amount so invested in any one association may not exceed the amount which is covered by such insurance unless such association qualifies as a savings and loan depository as provided by chapter 4-6A .

Source: SL 1974, ch 303; SL 1982, ch 45, § 3.
S.D. Codified Laws § 9-19-14.1 — SD Code / Title 9 / Chapter 19 / Section 9-19-14.1
Posting of ordinance book on municipal website--Official ordinances
Status: in_force

If a municipality posts the ordinance book or any part of the book on the municipality's official website, the municipality must make reasonable efforts to ensure the most current version of the ordinance book or any part of the book is posted, provided that the official version of the municipality's ordinances is the ordinance book referenced in § 9-19-14 .

Source: SL 2019, ch 50, § 2; SL 2026, ch 33, § 45.
S.D. Codified Laws § 9-41A-53 — SD Code / Title 9 / Chapter 41A / Section 9-41A-53
Exemption from bidding and performance bond requirements applicable to public contracts
Status: in_force

A municipal power agency may contract for planning, acquisition, construction, reconstruction, operation, maintenance, repair, extension, and improvement of generation and transmission facilities outside of the corporate limits of its members, or may contract with other public or private owners of these facilities to perform these functions, without advertising for bids, preparing final plans and specifications in advance of construction, or securing performance and payment bonds as required for other public contracts in § 5-21-1 , except to the extent that its governing body determines that these actions are desirable in furtherance of the purposes of this chapter. Except as otherwise provided by this section, no contract shall be invalid or unenforceable by reason of nonperformance of the conditions required by any other law relating to public contracts. If a bond is secured, no lien may be filed under chapter 44-9 for the furnishing of labor, skill, material, or machinery for the improvement covered thereby.

Source: SL 1978, ch 66, § 49.
S.D. Codified Laws § 9-27-30 — SD Code / Title 9 / Chapter 27 / Section 9-27-30
Resolution for transfer to school district--Deed of conveyance
Status: in_force

Whenever the governing body deems it advisable and to the best interests of the municipality to convey any property to a school district pursuant to § 9-27-29 , it shall by resolution direct that the property be so transferred and conveyed.

Thereupon a deed of conveyance shall be made to the school district, which deed shall vest in the school district all the right, title, and interest of the municipality in and to the real property so conveyed.

Source: SL 1925, ch 244, § 2; SDC 1939, § 45.2710; SL 1981, ch 44, § 31.
S.D. Codified Laws § 9-29-26 — SD Code / Title 9 / Chapter 29 / Section 9-29-26
Family day care homes--Regulation and standards of care
Status: in_force

Notwithstanding the provisions of §§ 26-6-14.1 and 26-6-14.2 , any municipality may provide for the regulation of family day care homes and may adopt standards of care including but not limited to the qualifications of personnel engaged in providing family day care homes; requirements relating to safety, sanitation, condition, and maintenance of physical plant and equipment utilized in child care.

Source: SL 1986, ch 78.
S.D. Codified Laws § 9-35-7 — SD Code / Title 9 / Chapter 35 / Section 9-35-7
Extension of streets, alleys, sewers, and waterworks through railroad property--Restoration of railroad property
Status: in_force

Every municipality shall have power to extend any street, alley, or highway over, under, or across, or to construct any sewer, water pipe, or main under or through any railroad track, right - of - way, or land of any railroad company within the corporate limits, but where no compensation is paid therefor, the municipality shall restore such track, right - of - way, or land to its former state as nearly as may be and so as not to impair its usefulness.

Source: SL 1890, ch 37, art V, § 1, subdiv 71; RPolC 1903, § 1229, subdiv 71; SL 1913, ch 119, § 53, subdiv 71; RC 1919, § 6169 (8); SDC 1939, § 45.0201 (92).
S.D. Codified Laws § 9-40-24 — SD Code / Title 9 / Chapter 40 / Section 9-40-24
Exchange of bonds for underlying debt--Application of proceeds to debt
Status: in_force

Bonds may be issued and negotiated subject to this chapter, in exchange for or in satisfaction of an underlying lien, debt, or charge on the utility, and the proceeds applied in payment of the same at or before maturity of the underlying lien or debt.

Source: SL 1931, ch 194, § 18; SDC 1939, § 45.2417; SL 1949, ch 191, § 9; SL 1984, ch 43, § 81.
S.D. Codified Laws § 9-5-17 — SD Code / Title 9 / Chapter 5 / Section 9-5-17
Title to school district property after consolidation--Assumption of debts and obligations
Status: in_force

The school district as enlarged by such consolidation shall have title to all real and personal property of both school districts. All debts and obligations of the school districts as enlarged by such consolidation, other than existing bonded indebtedness, shall be assumed and paid by the school district as enlarged by such consolidation.

Source: SL 1951, ch 249, § 12; SDC Supp 1960, § 45.29A12.
S.D. Codified Laws § 9-34-13 — SD Code / Title 9 / Chapter 34 / Section 9-34-13
Exhibitions, shows and amusements
Status: in_force

Every municipality shall have power to license, tax, and regulate exhibitions, shows, and amusements.

Source: SL 1890, ch 37, art V, § 1, subdiv 30; RPolC 1903, § 1229, subdiv 30; SL 1913, ch 119, § 53, subdiv 30; RC 1919, § 6169 (55); SL 1925, ch 245; SDC 1939, § 45.0201 (68).
S.D. Codified Laws § 9-22-11 — SD Code / Title 9 / Chapter 22 / Section 9-22-11
Interest from deposited funds property of municipality
Status: in_force

All interest derived from the deposit of its funds shall be the property of the municipality.

Source: SL 1913, ch 119, § 122; RC 1919, § 6344; SL 1919, ch 272; SL 1925, ch 236; SL 1929, ch 188; SDC 1939, § 45.1423; SL 1943, ch 166; SL 1959, ch 270; SL 1981, ch 69.
S.D. Codified Laws § 9-26-21 — SD Code / Title 9 / Chapter 26 / Section 9-26-21
Amount of judgment bonds--Issuance--Sale--Maximum levy in small municipalities
Status: in_force

The principal of the judgment bonds may not exceed the amount due upon the judgment at the date which the bonds bear. All bonds shall be issued and sold as provided in chapter 6-8B . However, in municipalities with less than five hundred population the tax levy for the bonds may not exceed ten dollars per thousand dollars of taxable valuation a year.

Source: SL 1905, ch 65, § 3; RC 1919, § 6425; SL 1929, ch 78; SDC 1939, § 45.2319; SL 1975, ch 47, § 8; SL 1982, ch 75, § 5; SL 1983, ch 63; SL 1984, ch 43, § 70.
S.D. Codified Laws § 9-23-21 — SD Code / Title 9 / Chapter 23 / Section 9-23-21
Cancellation of check or warrant not timely presented--Notation in register
Status: in_force

The municipal governing body may, by resolution, cancel any check or warrant that has not been presented for payment at any time within one hundred eighty days of the date on which the check or warrant was issued. Upon such resolution the auditor, clerk or finance officer shall note the cancellation in the check or warrant register.

Source: SL 1976, ch 75, § 3; SL 2001, ch 46, § 1.
S.D. Codified Laws § 9-38-108 — SD Code / Title 9 / Chapter 38 / Section 9-38-108
Appropriations for free musical concerts
Status: in_force

Every municipality may appropriate funds for the furnishing of free musical concerts to the public.

Source: SL 1915, ch 295; RC 1919, § 6169 (79); SL 1923, ch 234; SDC 1939, § 45.0201 (7); SL 1978, ch 62, § 21.
S.D. Codified Laws § 9-12-5.2 — SD Code / Title 9 / Chapter 12 / Section 9-12-5.2
Lease of municipally owned property to private person--Resolution of intent--Notice and hearing--Authorization
Status: in_force

If the governing body decides to lease any municipally owned property to any private person for a term exceeding one hundred twenty days and for an amount exceeding two thousand five hundred dollars annual value, the municipality must adopt a resolution of intent to enter into the lease, and the resolution must fix a time and place for public hearing on the adoption of the lease resolution. Notice of the hearing on the adoption of the lease resolution must be published in the official newspaper once, at least ten days prior to the hearing. Following the hearing, the governing body may proceed to authorize the lease upon the terms and conditions it determines.

Source: SL 1980, ch 61, § 2; SL 1981, ch 65; SL 2025, ch 38, § 62.
S.D. Codified Laws § 9-51-22 — SD Code / Title 9 / Chapter 51 / Section 9-51-22
General obligation bonds authorized for parking facilities
Status: in_force

Any municipality may issue bonds for the acquisition, construction, or improvement of automobile parking facilities. All bonds shall be authorized, issued, and sold as provided in chapter 9-26 , and shall in all respects be governed by that chapter except as otherwise provided in §§ 9-51-22 to 9-51-28 , inclusive.

Source: SL 1955, ch 216, § 6; SDC Supp 1960, § 45.02A06; SL 1984, ch 43, § 94.
S.D. Codified Laws § 9-13-27.4 — SD Code / Title 9 / Chapter 13 / Section 9-13-27.4
Recount on ballot question--Recount board
Status: in_force

Notwithstanding any other provisions of law, recounts of municipal ballot questions shall be conducted if, within five days after completion of the official canvass of a municipal ballot question election at which a question is approved or disapproved by a margin not exceeding two percent of the total votes cast in the election, any three registered voters of the municipality file a petition duly verified by such voters, setting forth that they believe a recount will change the outcome. 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 appointed by the finance officer who shall appoint one person on each side of the question and one person who shall be mutually agreed upon by the other two appointed. Each representative to the recount board shall be named within three days of the receipt of the recount request by the finance officer. The recount shall be conducted according to the provisions of § 9-13-27.3 .

Source: SL 1984, ch 55, § 3; SL 1995, ch 44, § 3; SL 2017, ch 58, § 2.
S.D. Codified Laws § 9-21-17 — SD Code / Title 9 / Chapter 21 / Section 9-21-17
Judgment against municipality--Borrowing--Maximum tax levy to pay judgment
Status: in_force

If any judgment is obtained against the municipality, it may borrow for a space of time not exceeding the close of the fiscal year a sum sufficient to pay the judgment, if a tax levy of ten dollars per thousand dollars of taxable valuation of the municipality will be sufficient to pay all judgments subsisting and final at the time of making the levy. No tax levy greater than ten dollars per thousand dollars of taxable valuation of any municipality, may be made in any one year for the payment of a judgment or judgments. If a levy of ten dollars per thousand dollars of taxable valuation per year on such valuation will be insufficient to pay any final judgment within ten years from the date it becomes final in a municipality with a population in excess of five hundred, a tax levy may be made of any amount sufficient to pay every judgment and the interest thereon in ten equal installments within ten years from the date it becomes final. In a municipality with a population of five hundred or less a tax levy of ten dollars per thousand dollars of taxable valuation of such municipality may be made for the payment of the judgment and the interest thereon. However, the levy may not be made for a period in excess of nineteen years for the purpose of payment of any one judgment.

Source: SL 1890, ch 37, art XV, § 3; RPolC 1903, § 1297; SL 1913, ch 119, § 116; RC 1919, § 6335; SL 1921, ch 295, § 2; SL 1933, ch 152; SDC 1939, § 45.1404; SL 1939, ch 187; SL 1949, ch 184; SL 1983, ch 60.
S.D. Codified Laws § 9-10-7 — SD Code / Title 9 / Chapter 10 / Section 9-10-7
Mayor--Authority
Status: in_force

The mayor of any municipality employing a city manager:

(1) Is the presiding officer of the council or commission, and in municipalities having the aldermanic form of government, has the powers and duties of an alderman at large;

(2) Is the recognized head of the municipality for service of civil process and for military and ceremonial purposes;

(3) May take command of the police of the municipality, appoint special police, and govern the municipality by proclamation during times of public danger or emergency, during which times the mayor has the powers and authority to call for assistance as provided in § 9-29-17 ; and

(4) Shall have other authority and perform other duties as may be prescribed by ordinance or resolution not inconsistent with the provisions of this chapter, but in no case may the mayor have the right of veto.

Source: SL 1935, ch 158, § 5; SDC 1939, § 45.0904; SL 1992, ch 60, § 2; SL 2025, ch 38, § 44.
S.D. Codified Laws § 9-38-47 — SD Code / Title 9 / Chapter 38 / Section 9-38-47
Requisition by park board for expenditure of appropriated funds
Status: in_force

The board by requisition may expend the money appropriated for construction and maintenance of the parks, parkways, and boulevards and for the plantings, maintenance, treatment, or removal of trees and shrubbery in the streets, alleys, avenues, boulevards, and parks within the first or second class municipality or which are under its control in each park district and for the use of the districts.

Source: SL 1915, ch 260, §§ 41, 59; SL 1917, ch 305, § 5; RC 1919, §§ 6485, 6502; SDC 1939, § 45.2534; SL 1967, ch 223, § 2; SL 1973, ch 53, § 3; SL 1978, ch 62, § 13; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-16-1 — SD Code / Title 9 / Chapter 16 / Section 9-16-1
Petition for adoption of city retirement system--Submission to voters at election--Adoption on approval by majority
Status: in_force

Upon the filing with the auditor of any municipality of the first class of a petition signed by fifteen percent of the registered voters of such municipality, based upon the total number of registered voters at the last preceding general election, the governing body shall submit to the voters of the municipality the question whether such municipality shall adopt a retirement system covering its employees and officers. If such petition is filed not less than twenty nor more than ninety days before the date of the holding of a regular state, county or municipal election, such question shall be submitted at such election, otherwise a special election shall be called for submission of such question. If a majority of the voters voting upon the proposition shall vote in favor of the adoption thereof, the same shall be adopted in such municipality.

Source: SL 1925, ch 239, § 7; SDC 1939, § 45.1204; SL 1949, ch 183, § 4; SL 1987, ch 67, § 15; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-23-15 — SD Code / Title 9 / Chapter 23 / Section 9-23-15
Call of registered warrants for annual payment of interest
Status: in_force

As soon as there is sufficient money in said special warrant interest fund to pay one year's interest on one or more outstanding warrants, the treasurer shall notify the holder of the oldest registered warrant or warrants to present the same for payment of interest. The treasurer shall continue to call outstanding warrants for payment of interest in the order of registration as fast as funds are available therefor except as herein provided.

No warrant shall be called for payment of interest until the same shall have been registered for at least one year.

Source: SL 1933, ch 160, § 2; SDC 1939, § 45.1419.
S.D. Codified Laws § 9-51-48 — SD Code / Title 9 / Chapter 51 / Section 9-51-48
Municipal and parking meter funds used to maintain parking facilities
Status: in_force

The municipality may maintain public parking facilities constructed under §§ 9-51-35 to 9-51-49 , inclusive, either partially or wholly from the general fund or parking meter fund duly appropriated.

Source: SL 1967, ch 231, § 12.
S.D. Codified Laws § 9-33-9 — SD Code / Title 9 / Chapter 33 / Section 9-33-9
Safety regulations in factories and buildings
Status: in_force

Every municipality shall have power to prevent and provide for remedying any dangerous construction or condition of any building, enclosure, or manufactory or any equipment used therein, to regulate and prevent the carrying on of manufactories creating a fire hazard, and to prevent the deposit or keeping of ashes or refuse in unsafe places; and to require all buildings and places to be put and kept in a safe condition.

Source: SL 1890, ch 37, art V, § 1, subdiv 51; RPolC 1903, § 1229, subdiv 51; SL 1913, ch 119, § 53, subdiv 51; RC 1919, § 6169 (22); SDC 1939, § 45.0201 (56).
S.D. Codified Laws § 9-38-5 — SD Code / Title 9 / Chapter 38 / Section 9-38-5
Libraries, museums, and art galleries in parks
Status: in_force

The governing body shall have authority to authorize the building and maintenance of public libraries, museums, and art galleries in any park. However, in municipalities of the first class, where a park board has been established according to law, such board shall be consulted by the governing body before action is taken authorizing any such building.

Source: SDC 1939, § 45.2522 as added by SL 1967, ch 222, § 2; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-1-7 — SD Code / Title 9 / Chapter 1 / Section 9-1-7
Existing rights unaffected--Remedies cumulative
Status: in_force

The adoption of this code, except as otherwise specifically provided, shall not affect any then existing right or liability of or prosecution by any municipality, but any different applicable remedy provided shall be cumulative to existing remedies.

Source: SL 1890, ch 37, art I, § 7; RPolC 1903, § 1176; SL 1913, ch 119, § 7; RC 1919, § 6160; SDC 1939, § 45.0110.
S.D. Codified Laws § 9-25-15 — SD Code / Title 9 / Chapter 25 / Section 9-25-15
Interest rate on promissory notes--Signature of notes
Status: in_force

The rate of interest shall be stated on the note authorized by § 9-25-12 . The notes shall be signed by the chief executive officer of the municipality and by the municipal finance officer.

Source: SL 1978, ch 63, § 4; SL 1981, ch 71.
S.D. Codified Laws § 9-29-10 — SD Code / Title 9 / Chapter 29 / Section 9-29-10
Begging
Status: in_force

A municipality may regulate the practice of begging.

Source: SL 1890, ch 37, art V, § 1, subdiv 59; RPolC 1903, § 1229, subdiv 59; SL 1909, ch 50; SL 1913, ch 119, § 53, subdiv 59; RC 1919, § 6169 (63); SDC 1939, § 45.0201 (26); SL 1981, ch 44, § 32; SL 1982, ch 77.
S.D. Codified Laws § 9-43-85 — SD Code / Title 9 / Chapter 43 / Section 9-43-85
Objections--Adoption--Amendment
Status: in_force

At the time and place of the hearing required by § 9-43-82 , the governing body shall consider any objections to the proposed resolution and may adopt the resolution, with or without amendment. No amendment may be made affecting property of any class not included in the original proposed resolution unless the owner of that property has been given the notice and opportunity to be heard as provided by §§ 9-43-82 to 9-43-84 , inclusive.

Source: SL 2012, ch 57, § 13.
S.D. Codified Laws § 9-43-87 — SD Code / Title 9 / Chapter 43 / Section 9-43-87
Assessment roll
Status: in_force

At any time after the contract is signed, for any local improvement for which special assessments are to be levied, the governing body may make and file in the office of the finance officer an assessment roll showing:

(1) The name of the owner of each lot to be assessed as shown by the assessment roll of the county director of equalization;

(2) The legal description of each parcel of land to be assessed. The division by deeds of platted lots shall be recognized. The legal description of lands included in the assessment roll shall be taken as of the date of the adoption of the resolution of necessity; and

(3) The amount assessed against each lot.

Source: SL 2012, ch 57, § 15; SL 2016, ch 52, § 2.
S.D. Codified Laws § 9-23-2 — SD Code / Title 9 / Chapter 23 / Section 9-23-2
Claim to be itemized--Memorandum in minutes of governing body
Status: in_force

No claim against any municipality shall be audited or allowed unless it be fully itemized and a memorandum of the same entered upon the minutes of the meetings of the governing body.

Source: PolC 1877, ch 24, § 25; CL 1887, § 1046; RPolC 1903, § 1444; SL 1907, ch 1; RC 1919, § 6346; SDC 1939, § 45.1410.
S.D. Codified Laws § 9-27-33 — SD Code / Title 9 / Chapter 27 / Section 9-27-33
Acquisition and conveyance or lease to United States of sites for federal buildings
Status: in_force

Every municipality shall have power to acquire land within the limits of such municipality as sites for federal buildings or institutions which have been or may be located therein by the government of the United States, and to sell, convey, or lease property so acquired to the United States upon such terms as may be determined by the governing body.

Source: SL 1931, ch 201; SDC 1939, § 45.2711.
S.D. Codified Laws § 9-48-16 — SD Code / Title 9 / Chapter 48 / Section 9-48-16
Municipal purchase of private sewers
Status: in_force

If any person has constructed within any street or alley a private sewer that is wholly or partly within any district subsequently established as provided in this chapter, the municipality may purchase the sewer or any part of the sewer and assess the cost to the property fronting or abutting upon the sewer as provided in chapter 9-43 .

Source: SL 1909, ch 110, § 16; RC 1919, § 6383; SDC 1939, § 45.1815; SL 2012, ch 57, § 113.
S.D. Codified Laws § 9-10-17 — SD Code / Title 9 / Chapter 10 / Section 9-10-17
City manager or appointee--Solicitation of votes prohibited--Penalty
Status: in_force

It is a Class 2 misdemeanor for the city manager, or an officer or employee appointed by the manager, to solicit any person to vote for or against any candidate for alderman or commissioner of the municipality by which the manager is employed at any municipal election.

Source: SL 1917, ch 303, § 11; RC 1919, § 6241; SL 1935, ch 158, § 16; SDC 1939, § 45.0912; SL 1981, ch 43, § 15; SL 1992, ch 60, § 2; SL 2025, ch 38, § 53.
S.D. Codified Laws § 9-40-15 — SD Code / Title 9 / Chapter 40 / Section 9-40-15
Bonds payable from revenue--Circumstances not requiring election
Status: in_force

Bonds issued pursuant to this chapter shall be payable solely from the revenue or income derived from the operation of such utility constructed or otherwise acquired or extended or improved hereunder. The municipality may, in the resolution or ordinance authorizing the bonds, provide that all or any portion of the revenue or income from the utility to be constructed, or otherwise acquired, extended, or improved hereunder, or any part thereof, be segregated from the other revenue or income of the utility, and that only the segregated portion of the revenue or income so segregated be used for the payment of such bonds. The municipality may for this purpose establish a special charge or surcharge for the services of the facilities financed by the bonds. If the bonds are made payable solely from such segregated revenue or income, or if the bonds are issued in connection with a financing agreement described in § 46A-1-49 , then no election is required to authorize the issuance of the bonds, unless required by S.D. Const., Art. XIII, § 4.

Source: SL 1931, ch 194, § 5; SDC 1939, § 45.2405; SL 1989, ch 77; SL 1990, ch 65.
S.D. Codified Laws § 9-44-3 — SD Code / Title 9 / Chapter 44 / Section 9-44-3
Amount of bond issue
Status: in_force

Municipal improvement bonds under this chapter may be issued in an amount equal to the total cost of the improvement or improvements.

Source: SL 1947, ch 219, § 3; SDC Supp 1960, § 45.21A03; SL 1984, ch 43, § 87.
S.D. Codified Laws § 9-48-3 — SD Code / Title 9 / Chapter 48 / Section 9-48-3
Real property in adjoining state
Status: in_force

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

Source: SL 1917, ch 317; RC 1919, § 6169 (77); SDC 1939, § 45.0201 (82).
S.D. Codified Laws § 9-31-1 — SD Code / Title 9 / Chapter 31 / Section 9-31-1
General authority to regulate use of motor vehicles, bicycles, trailers, and road machinery
Status: in_force

Except as otherwise provided, every municipality may regulate the use of motor vehicles, bicycles, house cars, house trailers, trailer coaches, traction engines, tractors, and road rollers.

Source: SL 1917, ch 311; RC 1919, § 6169 (54); SL 1929, ch 197; SDC 1939, § 45.0201 (32); SL 1974, ch 76, § 1; SL 1982, ch 226, § 1.
S.D. Codified Laws § 9-2-2.2 — SD Code / Title 9 / Chapter 2 / Section 9-2-2.2
Change in municipality classification--Judgment--Filing
Status: in_force

After the hearing, if the facts warrant the granting of the application, the court must make and enter its judgment changing the status of the municipality to that of a municipality of the appropriate class, pursuant to § 9-2-1 . The court shall establish the time when the change is effective and shall determine the manner in which the change must be made.

A certified copy of the judgment shall be filed in the office of the secretary of state and the office of the register of deeds of the county where the municipality is located.

Source: SL 2024, ch 28, § 17.
S.D. Codified Laws § 9-38-62 — SD Code / Title 9 / Chapter 38 / Section 9-38-62
Authorization, issuance, and sale of bonds
Status: in_force

Bonds shall be authorized, issued, and sold as provided in chapter 6-8B .

Source: SL 1957, ch 258, § 1; SDC Supp 1960, § 45.24D01; SL 1984, ch 43, § 73.
S.D. Codified Laws § 9-5-2 — SD Code / Title 9 / Chapter 5 / Section 9-5-2
Publication of resolutions of annexation--Approval of voters required
Status: in_force

All resolutions referred to in this chapter shall be adopted and be published and shall take effect as other resolutions provided that the proposed plan of consolidation shall not take effect unless approved by the voters of both municipalities at elections as hereinafter provided.

Source: SL 1951, ch 249, § 1; SL 1955, ch 214, § 1; SDC Supp 1960, § 45.29A01.
S.D. Codified Laws § 9-21-24 — SD Code / Title 9 / Chapter 21 / Section 9-21-24
Highway taxes paid to municipal treasurer quarterly--Purposes for which expended
Status: in_force

All highway taxes collected as personal taxes from residents of any municipality and all highway taxes collected on account of real or personal property situated within any municipality by the treasurer of the county in which such municipality is located, shall be turned over quarterly by such treasurer to the treasurer of such municipality to be expended under the direction of its governing body in the improvement of the streets, alleys, highways, or public grounds thereof.

This section shall not apply to taxes levied by the county and state.

Source: SL 1887, ch 147, § 1; CL 1887, § 1167; RPolC 1903, § 1534; RC 1919, § 6524; SL 1919, ch 333, § 67; SDC 1939, § 45.1426.
S.D. Codified Laws § 9-14-27 — SD Code / Title 9 / Chapter 14 / Section 9-14-27
Appointed municipal officers--Additional duties in ordinance
Status: in_force

A governing body may prescribe by ordinance additional duties to be performed by any appointed municipal officer not inconsistent with the laws of this state.

Source: SL 1890, ch 37, art XXII, § 2; RPolC 1903, § 1381; RC 1919, § 6283; SDC 1939, § 45.1117; SL 2026, ch 33, § 21.
S.D. Codified Laws § 9-20-4 — SD Code / Title 9 / Chapter 20 / Section 9-20-4
Presentation of initiative petition to governing body--Submission to voters
Status: in_force

When a petition to initiate is filed with the finance officer, the finance officer shall present the petition to the governing body at its first ensuing regular or special meeting. The governing body shall submit the petition to a vote of the voters in the manner prescribed for a referendum.

Source: SDC 1939, § 45.1020; SL 1947, ch 199, § 3; SL 1980, ch 67, § 1; SL 2003, ch 41, § 1.
S.D. Codified Laws § 9-20-9 — SD Code / Title 9 / Chapter 20 / Section 9-20-9
Requirements for persons circulating petition--Board of elections to promulgate rules--Scope of rules
Status: in_force

Any person circulating an initiative or referendum petition shall verify that each person signing the petition is a resident and qualified voter of the municipality. The State Board of Elections shall promulgate rules pursuant to chapter 1-26 prescribing the format for an initiative and referendum petition and its verification.

Source: SDC 1939, § 45.1013; SL 1999, ch 41, § 3; SL 2000, ch 19, § 3.
S.D. Codified Laws § 9-21-18.1 — SD Code / Title 9 / Chapter 21 / Section 9-21-18.1
Municipality authorized to enter into lease-purchase agreements
Status: in_force

The provisions of § 9-21-18 or any other provision of law notwithstanding, any municipality may enter into a lease-purchase agreement for a term of years, not exceeding ten years for equipment and twenty years for an improvement to real property, for the purchase or lease by the municipality of real or personal property. Any lease-purchase agreement for a term exceeding one year requires the approval of more than sixty percent of the members-elect of the governing body of the municipality.

Source: SL 1995, ch 37, § 2; SL 2018, ch 52, § 1.
S.D. Codified Laws § 9-43-131 — SD Code / Title 9 / Chapter 43 / Section 9-43-131
Lots in district liable for assessments upon approval of plan
Status: in_force

When a resolution adopting and approving a local improvement district plan takes effect, the plan shall be numbered and filed in the office of the finance officer and shall then constitute the plan of the district, and the lots contained in the district are liable to assessment for the construction of improvements within the district in the same manner as other assessed property not within a district and in accordance with the provisions of this chapter.

Source: SL 2012, ch 57, § 59.
S.D. Codified Laws § 9-4-12 — SD Code / Title 9 / Chapter 4 / Section 9-4-12
Annexation of territory near municipal airport prohibited--Exception
Status: in_force

No other municipality may annex any territory within one and one-quarter miles of any parcel of land operated as a municipal airport by an airport authority organized pursuant to chapter 50-6A . However, if the governing body of the airport-operating municipality consents, by resolution, to such a proposed annexation by another municipality, the provisions of this section do not apply to the extent of the waiver provided in the consent resolution of the airport-operating municipality.

Source: SL 2003, ch 42, § 1; SL 2005, ch 47, § 1.
S.D. Codified Laws § 9-19-6 — SD Code / Title 9 / Chapter 19 / Section 9-19-6
Style of ordinance
Status: in_force

The style of all ordinances shall be as follows: "An ordinance __________ (inserting the title)" followed by: "Be it ordained by the (city or town) of __________ (inserting the name of municipality)" followed by the substance of the ordinance.

Source: SL 1890, ch 37, art IV, § 16; RPolC 1903, § 1213; SL 1913, ch 119, § 36; RC 1919, § 6243; SDC 1939, § 45.1002.
S.D. Codified Laws § 9-48-32 — SD Code / Title 9 / Chapter 48 / Section 9-48-32
Special contract for disposing of private sewage or industrial waste through municipal sewage treatment plant
Status: in_force

A municipality where a sewage treatment or septic plant is maintained may enter into a contract to connect to the plant for the purpose of treating or disposing of private sewage or industrial waste originating within the municipality or within ten miles of the corporate limits of the municipality, if the plant has the capacity to handle the sewage or industrial waste.

Source: SL 1931, ch 190, § 1; SDC 1939, § 45.1811; SL 1945, ch 204; SL 1993, ch 75.
S.D. Codified Laws § 9-40-25 — SD Code / Title 9 / Chapter 40 / Section 9-40-25
Bondholders' statutory mortgage on utility--Disposition of utility prohibited until bonds retired
Status: in_force

There shall be a statutory mortgage lien upon such utility and the extensions, additions, and improvements thereto acquired pursuant to this chapter, in favor of and for the equal benefit of the lawful holders of bonds issued pursuant to this chapter and interest coupons and each of them, but no such lien shall attach to or become a charge upon or against any property or utility or any part thereof previously owned by such municipality by whatever means or funds acquired. Until all such bonds are fully paid with interest, the municipality shall not sell or otherwise dispose of said utility and shall not establish, authorize, or grant a franchise for the operation of any other utility for supplying like products or services in competition therewith.

Source: SL 1931, ch 194, § 6; SDC 1939, § 45.2406; SL 1949, ch 191, § 3.
S.D. Codified Laws § 9-43-136 — SD Code / Title 9 / Chapter 43 / Section 9-43-136
Assessment of additional cost of improvement--Public hearing
Status: in_force

If the assessment originally levied, together with any sum to be paid by the municipality from its general fund or from the proceeds of general obligation bonds, is insufficient to pay the total cost of the improvement, the governing body may assess the additional cost to each lot in the same proportion as provided in the original assessment roll, after public hearing in the same manner as required for the adoption of the original assessment roll. The governing body shall adopt a resolution proposing to increase the special assessment contained in the original special assessment roll by the proportion it determines to be sufficient to pay the total cost of the improvement. The resolution, notice of hearing, and hearing procedures shall be carried out as provided in § 9-43-90 . The amount by which each assessment is increased shall be collected by the same procedure and at the same time as the original assessment. However, if any installment of the original assessment has been paid before the levy of the supplemental assessment, the amount of the increase shall be added to the balance unpaid and becomes payable with and as a part of the remaining installments. Interest shall be computed in the same manner as provided for in the original assessment.

Source: SL 2012, ch 57, § 64.
S.D. Codified Laws § 9-41A-47 — SD Code / Title 9 / Chapter 41A / Section 9-41A-47
Trust indenture or security agreement as contract with holders of bonds or notes--Contents
Status: in_force

The resolution, trust indenture, or other security agreement under which any bonds or notes are issued shall constitute a contract with the holders of the bonds or notes, and may contain provisions, among others, prescribing:

(1) The terms and provisions of the bonds or notes;

(2) The mortgage or pledge of and the grant of a security interest in any real or personal property and all or any part of the revenue from any project or any revenue producing contract made by the municipal power agency with any person to secure the payment of bonds or notes, subject to any agreements with the holders of bonds or notes which might then exist;

(3) The custody, collection, securing, investment, and payment of any revenues, assets, money, funds, or property with respect to which the municipal power agency may have any rights or interest;

(4) The rates or charges for electric energy sold by, or services rendered by, the municipal power agency, the amount to be raised by the rates or charges, and the use and disposition of any or all revenue;

(5) The creation of reserves or debt service funds and the regulation and disposition thereof;

(6) The purposes to which the proceeds from the sale of any bonds or notes to be issued may be applied, and the pledge of the proceeds to secure the payment of the bonds or notes;

(7) Limitations on the issuance of any additional bonds or notes, the terms upon which additional bonds or notes may be issued and secured, and the refunding of outstanding bonds or notes;

(8) The rank or priority of any bonds or notes with respect to any lien or security;

(9) The creation of special funds or moneys to be held in trust or otherwise for operating expenses, payment, or redemption of bonds or notes, reserves or other purposes, and the use and disposition of moneys held in these funds;

(10) The procedure by which the terms of any contract with or for the benefit of the holders of bonds or notes may be amended or abrogated, the amount of bonds or notes the holders of which must consent thereto, and the manner in which consent may be given;

(11) The definition of the acts or omissions to act which shall constitute a default in the duties of the municipal power agency to holders of its bonds or notes, and the rights and remedies of the holders in the event of default including, if the municipal power agency so determines, the right to accelerate the due date of the bonds or notes or the right to appoint a receiver or receivers of the property or revenues subject to the lien of the resolution, trust indenture, or other security agreement;

(12) Any other or additional agreements with or for the benefit of the holders of bonds or notes or any covenants or restrictions necessary or desirable to safeguard the interests of the holders;

(13) The custody of any of its properties or investments, the safekeeping thereof, the insurance to be carried thereon, and the use and disposition of insurance proceeds;

(14) The vesting in a trustee or trustees, within or outside the state, of such properties, rights, powers, and duties in trust as the municipal power agency may determine; or the limiting or abrogating of the rights of the holders of any bonds or notes to appoint a trustee, or the limiting of the rights, powers, and duties of such trustee; or

(15) The appointment of and the establishment of the duties and obligations of any paying agent or other fiduciary within or outside the state.

Source: SL 1978, ch 66, § 41.
S.D. Codified Laws § 9-14-13 — SD Code / Title 9 / Chapter 14 / Section 9-14-13
Officer appointed by mayor--Removal from office--Grounds--Report of removal
Status: in_force

In a municipality governed by a mayor and common council pursuant to chapter 9-8 , the mayor may remove from office any officer appointed by the mayor, if the mayor believes the removal is in the interest of the municipality. The mayor shall report the reasons for removal to the common council at the next regular meeting. The report may be given in executive session, pursuant to § 1-25-2 , but in all cases the fact of the presentation of the report must be placed in the minutes of the meeting.

Source: SL 1890, ch 37, art III, § 5; RPolC 1903, § 1186; RC 1919, § 6276; SDC 1939, § 45.1109; SL 1992, ch 60, § 2; SL 2014, ch 51, § 2; SL 2026, ch 33, § 11.
S.D. Codified Laws § 9-45-19 — SD Code / Title 9 / Chapter 45 / Section 9-45-19
Viaduct work done by municipality on failure by railroad--Costs charged against railroad
Status: in_force

If any railroad company shall fail, neglect, or refuse to construct, reconstruct, or repair any viaduct as required by § 9-45-18 , the governing body may proceed to do so in such manner as may be provided by resolution and assess the cost thereof against the property of such railroad company, and such cost shall be a valid and subsisting lien against such property and shall also be a legal indebtedness of such company in favor of such first or second class municipality.

Source: SL 1909, ch 126; RC 1919, § 6366; SDC 1939, § 45.1706; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-43-139 — SD Code / Title 9 / Chapter 43 / Section 9-43-139
Application of chapter
Status: in_force

The provisions of this chapter do not apply to chapters 9-53 , 9-55 , or 21-10 .

Source: SL 2012, ch 57, § 67.
S.D. Codified Laws § 9-29-2 — SD Code / Title 9 / Chapter 29 / Section 9-29-2
Regulation of police of municipality
Status: in_force

Every municipality shall have power to regulate the police of the municipality and pass and enforce all necessary police ordinances.

Source: SL 1913, ch 119, § 53, subdiv 56; RC 1919, § 6169 (34); SDC 1939, § 45.0201 (23).
S.D. Codified Laws § 9-35-2 — SD Code / Title 9 / Chapter 35 / Section 9-35-2
Street railway tracks in first or second class municipalities--Duration of franchise--Municipality's option to purchase
Status: in_force

Every first or second class municipality shall have power to permit, regulate, or prohibit the constructing or laying of tracks of any street railway in any street, alley, or public place; but such permission shall not be for a longer time than twenty years, and any contract in pursuance thereof shall provide that at the option of the municipality, declared not more than three years nor less than one year before the expiration of such permission, the plant and property, if any, belonging to or used by the grantee named in such permission, or his successor in interest, shall, at the termination of such permit or franchise, upon the payment of the fair valuation thereof, exclusive of any franchise valuation, be and become the property of the municipality; but such option shall not be exercised unless the municipality shall then have authority to acquire and operate such a plant or property.

Source: SL 1890, ch 37, art V, § 1, subdiv 24; SL 1901, ch 221, § 1; RPolC 1903, § 1229, subdiv 24; SL 1907, ch 92, § 1; SL 1911, ch 96; SL 1913, ch 119, § 53, subdiv 24; RC 1919, § 6170 (2); SDC 1939, § 45.0202 (10); SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-43-113 — SD Code / Title 9 / Chapter 43 / Section 9-43-113
County bid to include assessments--Payment and discharge of lien
Status: in_force

If any such parcel is bid off in the name of the county, the bid shall include the amount of the delinquent installment of special assessments under Plan One or Plan Two. Any parcel may be discharged from the assessments at any time by paying to the county treasurer an amount equal to the then due and past-due installments, with accrued interest, penalty, and cost, if any, and paying to the municipal finance officer all subsequent installments without additional interest; at which point the parcel is relieved from the lien of the assessment.

Source: SL 2012, ch 57, § 41.
S.D. Codified Laws § 9-4-14 — SD Code / Title 9 / Chapter 4 / Section 9-4-14
Municipal airport outside corporate limits exempt from annexation restrictions--Extraterritorial jurisdiction--Application to property in another municipality
Status: in_force

If a municipality operates an airport organized pursuant to Title 50 outside the corporate limits of the municipality, the restrictions of § 9-4-1 against annexation of noncontiguous territory do not apply to the annexation of the airport by such municipality. If the municipality annexes such airport, the municipality may exercise extraterritorial jurisdiction pursuant to chapter 11-6 , but only to the extent of one and one - quarter miles of the exterior boundary of the airport property. Such one and one - quarter mile extraterritorial jurisdiction supercedes the three - mile extraterritorial jurisdiction of any other municipality or jurisdiction of any other governmental entity, except as provided in Title 50.

Such one and one - quarter mile extraterritorial jurisdiction does not include property located within the corporate limits of another municipality. However, the latter municipality may not allow any airport hazards as defined in Title 50 in its corporate limits within the one and one - quarter mile extraterritorial jurisdiction around the airport property.

Source: SL 2003, ch 42, § 3.
S.D. Codified Laws § 9-20-17 — SD Code / Title 9 / Chapter 20 / Section 9-20-17
Waiting period for new action after referendum election
Status: in_force

No referred ordinance or resolution may be again voted upon by the government of any municipality within one year from the date of the election thereon.

Source: SDC Supp 1960, § 45.1022 as enacted by SL 1961, ch 246.
S.D. Codified Laws § 9-38-100 — SD Code / Title 9 / Chapter 38 / Section 9-38-100
Contracts for construction and improvement of playgrounds and recreational facilities--Supervision by recreation board
Status: in_force

Contracts for doing any construction or improvements incidental to the operation of a system of public recreation, playgrounds and children's parks shall be let by the recreation board to the lowest and best bidder in the same manner and subject to the same provisions as similar work not under control of the recreation board is let by the governing body of the first or second class municipality. All such work shall be done under the supervision and control of the recreation board.

Source: SL 1949, ch 202, § 18; SDC Supp 1960, § 45.3218; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-14-4 — SD Code / Title 9 / Chapter 14 / Section 9-14-4
Certificate of appointment
Status: in_force

Following appointment and qualification, the municipal finance officer shall issue a certificate of appointment under the seal of the municipality to each appointed officer.

Source: SL 1890, ch 37, art VI, § 6; RPolC 1903, § 1239; RC 1919, § 6273; SDC 1939, § 45.1107; SL 2026, ch 33, § 5.
S.D. Codified Laws § 9-8-11 — SD Code / Title 9 / Chapter 8 / Section 9-8-11
Reconsideration of council action
Status: in_force

A vote of the council may be reconsidered or rescinded at a regular or special meeting if a quorum is present and a majority vote to reconsider or rescind the action.

Source: SL 1890, ch 37, art IV, § 13; RPolC 1903, § 1210; RC 1919, § 6216; SDC 1939, § 45.0708; SL 2017, ch 56, § 10.
S.D. Codified Laws § 9-47-18 — SD Code / Title 9 / Chapter 47 / Section 9-47-18
Distance between water connections
Status: in_force

No more than one water connection shall be made for each platted lot or for each forty - four feet of frontage of unplatted ground in the residence section, and for each twenty - two feet of frontage in the business section of the municipality, except when the abutting owner requests in writing the placing of water connections at a less number of feet.

Source: SL 1913, ch 119, § 53, subdiv 12; RC 1919, § 6357; SDC 1939, § 45.1906.
S.D. Codified Laws § 9-14-21 — SD Code / Title 9 / Chapter 14 / Section 9-14-21
9-14-21. Examination of treasurer reports and accounts--Audit and adjustment of claims--Record of contracts
Status: in_force

The municipal finance officer shall examine all reports, books, papers, vouchers, and accounts of the treasurer; audit and adjust all claims and demands against the municipality before they are allowed by the governing body; and keep a record of the finance officer's acts and doings. The finance officer shall keep a book in which the finance officer shall enter all contracts. The book shall include an index to the contracts and shall be open to the inspection of all parties interested. The finance officer shall perform such other duties as may be required by ordinance, resolution, or direction of the governing body. However, the finance officer may destroy any record which the Records Destruction Board, acting pursuant to § 1-27-19 , declares to have no further administrative, legal, fiscal, research, or historical value.
S.D. Codified Laws § 9-23-3 — SD Code / Title 9 / Chapter 23 / Section 9-23-3
Warrant required for disbursements from treasury--Bonds and coupons
Status: in_force

Unless otherwise ordered by the governing body or specially provided, no money shall be paid out of the treasury except upon the warrant of the mayor or president of the board of trustees, countersigned by the auditor or clerk, except bonds and interest coupons, which when due may be paid upon presentation, or in case the same are payable at some place other than the municipality, then the money for their redemption shall be sent to the place where they are payable in time to meet such payment when due.

Source: PolC 1877, ch 24, § 26; CL 1887, § 1047; SL 1890, ch 37, art VIII, § 3; RPolC 1903, §§ 1249, 1445; SL 1913, ch 119, § 70; RC 1919, § 6290; SDC 1939, § 45.1122.
S.D. Codified Laws § 9-32-9 — SD Code / Title 9 / Chapter 32 / Section 9-32-9
Cisterns, hydrants, pumps, sewers, and gutters
Status: in_force

Every municipality shall have power to regulate the construction, repair, and use of vaults, cisterns, areas, hydrants, pumps, sewers, and gutters.

Source: SL 1890, ch 37, art V, § 1, subdiv 42; RPolC 1903, § 1229, subdiv 42; SL 1913, ch 119, § 53, subdiv 42; RC 1919, § 6169 (71); SDC 1939, § 45.0201 (90).
S.D. Codified Laws § 9-12-13 — SD Code / Title 9 / Chapter 12 / Section 9-12-13
Power to adopt zoning ordinance
Status: in_force

Every municipality shall have power to adopt a zoning ordinance as provided by Title 11.

Source: SL 1927, ch 176, § 1; SDC 1939, § 45.0201 (101).
S.D. Codified Laws § 9-12-22 — SD Code / Title 9 / Chapter 12 / Section 9-12-22
Capital improvement board--Purpose--Membership
Status: in_force

A municipality shall appoint a capital improvement board for purposes of approving or rejecting ordinances pursuant to § 10-52-20 .

A capital improvement board consists of the following five members, appointed by the mayor of the municipality and approved by the governing body:

(1) One member of the governing body of the municipality; and

(2) Four residents of the municipality, excluding any member of the governing body of the municipality.

Source: SL 2026, ch 34, § 1.
S.D. Codified Laws § 9-20-3 — SD Code / Title 9 / Chapter 20 / Section 9-20-3
Ordinance may not be initiated to nullify bond purposes
Status: in_force

The right to initiate an ordinance shall not be applicable to ordinances proposed to nullify the purpose for which bonds have been sold by a municipality pursuant to statutory authority.

Source: SL 1961, ch 247; SL 1980, ch 66, § 1.
S.D. Codified Laws § 9-41A-18 — SD Code / Title 9 / Chapter 41A / Section 9-41A-18
Action through agents or by contract
Status: in_force

A municipal power agency may perform any act authorized by sections of this chapter through or by means of its officers, agents, or employees or by contract with any person.

Source: SL 1978, ch 66, § 18.
S.D. Codified Laws § 9-39-32 — SD Code / Title 9 / Chapter 39 / Section 9-39-32
Form of question on election to abolish utility board or terminate authority
Status: in_force

The form of submitting questions to be voted upon at such special election shall be:

On the question of whether the municipal utility board shall be abolished--"Shall the municipal utility board be abolished?"

On the question of whether the authority of the municipal utility board over any particular utility shall be terminated--"Shall the authority of the municipal utility board over ____ (naming the utility) be terminated?"

Source: SL 1955, ch 221, § 7; SDC Supp 1960, § 45.3907 (2).
S.D. Codified Laws § 9-44-7 — SD Code / Title 9 / Chapter 44 / Section 9-44-7
Municipal agreement as to water and sewer service charges--Adequacy of rates
Status: in_force

In the case of water and sewer improvements undertaken pursuant to chapters 9-47 and 9-48 , the municipality may agree to establish, impose, and collect just and equitable charges for services furnished by such improvement or improvements, and to pledge and appropriate all or any portion of the net revenues derived from such charges to the improvement fund for payment of municipal improvement bonds and interest. The municipality may further agree to establish and maintain such rates as shall at all times be at least sufficient to produce net revenue which, together with collections of assessments and taxes, will be adequate to pay the principal of and interest on each and all of the bonds as such principal and interest become due. In connection with such service charges, the governing body shall have all of the rights and powers which it would have with respect to like matters under chapter 9-40 .

Source: SL 1947, ch 219, § 4; SDC Supp 1960, § 45.21A04 (2); SL 1980, ch 26, § 20.
S.D. Codified Laws § 9-41-8 — SD Code / Title 9 / Chapter 41 / Section 9-41-8
Pledge of telephone revenues to separate fund--Separate account for bond payments and reserve--Depreciation account and operational expenses
Status: in_force

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

Source: SL 1953, ch 275, § 4; SDC Supp 1960, § 45.24C04.
S.D. Codified Laws § 9-14-24 — SD Code / Title 9 / Chapter 14 / Section 9-14-24
City engineer--Qualifications--Delegation of land surveyor duties--Duties prescribed--Preservation of surveys, plans, and estimates
Status: in_force

A municipality may contract with or employ a city engineer, who must be a licensed professional engineer under chapter 36-18A . If the city engineer is not also licensed as a land surveyor under chapter 36-18A , the city engineer must delegate any duties that are defined in chapter 36-18A as the practice of land surveying to a licensed land surveyor.

The governing body shall, by ordinance or contract, prescribe the duties of the city engineer.

All surveys, profiles, plans, and estimates made by the city engineer for the municipality are the property of the municipality, must be carefully preserved in the municipality's office or the office of the city engineer, and are open to public inspection.

Source: SL 1890, ch 37, art XII; RPolC 1903, § 1281; SL 1913, ch 119, § 100; RC 1919, § 6298; SDC 1939, § 45.1130; SL 2009, ch 35, § 1; SL 2026, ch 33, § 19.
S.D. Codified Laws § 9-52-11 — SD Code / Title 9 / Chapter 52 / Section 9-52-11
Findings and determinations as binding covenants
Status: in_force

The findings and determinations herein authorized shall constitute binding representations, recitals, and covenants of each municipality issuing revenue bonds hereunder to and with the purchasers and holders of all such bonds.

Source: SL 1951, ch 246, § 2; SDC Supp 1960, § 45.24B02.
S.D. Codified Laws § 9-53-14 — SD Code / Title 9 / Chapter 53 / Section 9-53-14
Contract or assessment not invalidated by irregularity--Determination of governing body conclusive
Status: in_force

No contract made or assessment levied for any such improvement shall be void by reason of any defect or irregularity in the resolution of necessity or notice or in the publication thereof, and the determination of the governing body as to the sufficiency or insufficiency of protest thereto shall be conclusive unless such determination is unreasonably and arbitrarily or fraudulently made.

Source: SL 1967, ch 230, § 9.
S.D. Codified Laws § 9-41A-44 — SD Code / Title 9 / Chapter 41A / Section 9-41A-44
Continuing validity of officers' signatures on bonds and notes--Temporary bonds
Status: in_force

Any bonds or notes may be issued and delivered, notwithstanding that one or more of the officers executing them shall have ceased to hold office at the time when the bonds or notes are actually delivered. Pending preparation of definitive bonds, a municipal power agency may issue temporary bonds which shall be exchanged for the definitive bonds.

Source: SL 1978, ch 66, § 38.
S.D. Codified Laws § 9-11-11 — SD Code / Title 9 / Chapter 11 / Section 9-11-11
Form of municipal government
Status: in_force

Each first or second class municipality must be governed by a mayor and common council, a mayor and a common council with a city manager, a board of commissioners, or a board of commissioners with a city manager. Each third class municipality must be governed by a board of trustees, with or without a city manager.

The present form of government of existing municipalities must continue until changed as provided by this title.

Source: SL 2024, ch 28, § 35; SL 2025, ch 38, § 58.
S.D. Codified Laws § 9-16-4.2 — SD Code / Title 9 / Chapter 16 / Section 9-16-4.2
Deferred compensation program for volunteer advanced life support personnel
Status: in_force

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

Source: SL 2011, ch 36, § 3.
S.D. Codified Laws § 9-40-6 — SD Code / Title 9 / Chapter 40 / Section 9-40-6
Revenue bond issue for extension or improvement of utility
Status: in_force

For the purpose of defraying the cost of extensions, additions, and improvements to any utility previously owned and operated by the municipality, every municipality may borrow money and issue negotiable bonds, without pledging or using its credit, in the same manner as provided in § 9-40-5 for the establishment of any such utility.

Source: SDC 1939, § 45.2402 as added by SL 1949, ch 191, § 2.
S.D. Codified Laws § 9-39-23 — SD Code / Title 9 / Chapter 39 / Section 9-39-23
Rates, fees, charges, and assessments fixed by utility board--Rules and regulations
Status: in_force

The municipal utility board has all of the powers granted to a governing body in this title to fix reasonable rates, fees, and charges, and to make special assessments for improvements as provided in chapter 9-43 . The board may adopt, by resolution, reasonable rules and regulations for utility services supplied by the municipally owned public utilities under its control and management within the limits permitted by the statutes of this state.

Source: SL 1955, ch 221, § 4; SDC Supp 1960, § 45.3904 (4); SL 1980, ch 70, § 1; SL 2012, ch 57, § 77.
S.D. Codified Laws § 9-12-7 — SD Code / Title 9 / Chapter 12 / Section 9-12-7
Liability insurance and agreements for protection of municipality, officers and employees
Status: in_force

Any municipality may obtain and pay for all forms of liability insurance, or in lieu thereof, make other arrangements, including entering into agreements with others, which agreements may create separate legal or administrative entities pursuant to chapter 1-24 , to protect and assist the municipality in meeting obligations arising from such acts or omissions for which the municipality may be legally liable. The liability insurance coverage obtained or other arrangement shall protect the municipal officers and employees in the performance of official duties and against acts committed by them that could be reasonably considered to be within the scope of their official duties.

Source: SL 1959, ch 276; SDC Supp 1960, § 45.0201-1 (20); SL 1978, ch 50, § 2; SL 1987, ch 75, § 1.
S.D. Codified Laws § 9-43-122 — SD Code / Title 9 / Chapter 43 / Section 9-43-122
Transfer of special assessment bonds to special assessment accounts
Status: in_force

Special assessment bonds may be transferred and appropriated to the special assessment accounts in the same manner and to the same extent as provided in § 9-43-116 for the transfer of the bonds to general obligation bond sinking funds. All collections of assessments for assessment bonds transferred shall be held in and used only for the purposes of debt retirement.

Source: SL 2012, ch 57, § 50.
S.D. Codified Laws § 9-39-28 — SD Code / Title 9 / Chapter 39 / Section 9-39-28
Warrants on municipal treasurer for disbursements from utilities fund
Status: in_force

The city auditor or town clerk shall draw his warrant upon the municipal treasurer and countersign all warrants for the proper amount allowed pursuant to orders or resolutions of the municipal utility board. The president of the utility board shall countersign all warrants in lieu of the mayor and the warrants will then be presented to the municipal treasurer for countersignature and the warrant shall be paid by such municipal treasurer as provided by § 9-23-7 .

Source: SL 1955, ch 221, § 5; SDC Supp 1960, § 45.3905 (2); SL 1961, ch 253.
S.D. Codified Laws § 9-23-2.1 — SD Code / Title 9 / Chapter 23 / Section 9-23-2.1
Municipal board requisitions for warrants--Signatures
Status: in_force

Unless otherwise ordered by the governing body or specially provided, all funds to be expended by duly authorized municipal boards shall be by written requisition, signed by the board president, or in his absence or disability, the vice president, and countersigned by the board secretary, upon the city auditor or finance officer, as the case may be, for warrants upon the city treasurer to be issued as provided in § 9-23-3 .

Source: SL 1973, ch 53, § 1.
S.D. Codified Laws § 9-41A-40 — SD Code / Title 9 / Chapter 41A / Section 9-41A-40
Bonds and notes payable solely from agency revenues--State and first or second class municipalities not obligated
Status: in_force

The principal of and interest upon any bonds or notes issued by a municipal power agency shall be payable solely from the revenues or funds pledged or available for their payment as authorized in this chapter. Each bond and note shall contain a statement that the principal thereof or interest thereon is payable solely from revenues or funds of the municipal power agency and that neither the state nor any political subdivision thereof, other than the municipal power agency, nor any first or second class municipality which is a member of the municipal power agency is obligated to pay the principal or interest and that neither the faith and credit nor the taxing power of the state or any political subdivision thereof or of any such municipality is pledged to the payment of the principal of or the interest on the bonds or notes. Nothing herein precludes the use of tax or other revenue by a municipality for payment of amounts due and performance of covenants under any contract of the municipality as provided in § 9-39-4.1 .

Source: SL 1978, ch 66, § 45; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-39-4.1 — SD Code / Title 9 / Chapter 39 / Section 9-39-4.1
Contracts with municipal power agencies--Action contesting validity--Voters' approval not required
Status: in_force

A municipal corporation, which operates its own electric distribution system, whether or not a member of a municipal power agency, may by resolution of its city council and utility board, if any, enter into a contract or contracts with one or more municipal power agencies for the purchase, sale, exchange, or transmission of electric energy extending for such term of years and with such provisions for the charges made thereunder as determined in the authorizing resolution or resolutions. Every resolution adopted in accordance with this section shall be published in the official newspaper of the first or second class municipality. No action may be brought and no defense may be interposed in an action brought more than twenty days after publication of the resolution, placing at issue the validity of any provision of the resolution or the power of the municipality to make any contract or incur any obligation authorized thereby. The provisions of §§ 9-39-36 to 9-39-39 , inclusive, shall not apply to the resolutions or contracts.

Source: SL 1978, ch 66, § 48; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-21-19 — SD Code / Title 9 / Chapter 21 / Section 9-21-19
Annual tax levy included in appropriation ordinance--Apportionment among funds, bond interest, and debt service funds
Status: in_force

The annual appropriation ordinance of each municipality shall also contain the annual tax levy, which for all purposes except park purposes shall not exceed the limitations prescribed by law. It shall apportion among the various funds provided for therein the amount levied for general purposes and shall designate the amount to be applied upon each fund. It shall also specify the amount levied to pay the interest on each outstanding bond issue, and the amount levied for the purpose of each debt service fund established to pay the principal of each series of bonds when matured.

Source: SL 1890, ch 37, art X, § 7; RPolC 1903, § 1229, subdiv 3; 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 (2).
S.D. Codified Laws § 9-38-88 — SD Code / Title 9 / Chapter 38 / Section 9-38-88
Records of recreation board as evidence
Status: in_force

The records of such recreation 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 recreation board.

Source: SL 1949, ch 202, § 8; SDC Supp 1960, § 45.3208.
S.D. Codified Laws § 9-19-13 — SD Code / Title 9 / Chapter 19 / Section 9-19-13
Effective date of resolutions and ordinances--Grounds for immediate effectiveness
Status: in_force

Except as otherwise provided in this section, every resolution or ordinance passed by the governing body takes effect on the twentieth day after its publication, unless suspended by operation of a referendum.

An ordinance or resolution may take effect immediately if it:

(1) Is necessary for the immediate preservation of the public peace, health, safety, or support of the municipal government and its existing institutions;

(2) Is not subject to referendum pursuant to § 9-20-19 ; or

(3) Provides for an election or hearing on an improvement or assessment or calls for bids.

Source: SL 1899, ch 94, § 1; RPolC 1903, §§ 1213, 1214; SL 1913, ch 119, § 38; RC 1919, §§ 6246, 6252, 6253; SDC 1939, § 45.1010; SL 1957, ch 244; SL 2026, ch 33, § 43.
S.D. Codified Laws § 9-13-30 — SD Code / Title 9 / Chapter 13 / Section 9-13-30
Petition for recall--Number of signatures--Grounds--Time limits--Challenge to petition
Status: in_force

A petition 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, demanding the election of a successor to the mayor, commissioner, alderman, or trustee sought to be removed shall be filed with the finance officer and presented by the finance officer to the governing body. The allowable grounds for removal are misconduct, malfeasance, nonfeasance, crimes in office, drunkenness, gross incompetency, corruption, theft, oppression, or gross partiality. The petition shall contain a specific statement of the grounds on which removal is sought. The form for the municipal recall petition shall be prescribed by the state Board of Elections pursuant to chapter 1-26 . No signature on a petition is valid if signed more than sixty days before the filing of the petitions. When a petition to recall is filed with the finance officer, the finance officer shall present the petition to the governing body at its next meeting. Only the petition signatures may be challenged in the manner established in §§ 12-1-13 to 12-1-16 , inclusive. A failure to challenge petition signatures pursuant to §§ 12-1-13 to 12-1-16 , inclusive, does not prohibit an interested person from challenging the filing of the recall petition or the sufficiency of the specific statement of the grounds of the recall petition.

A challenge to the recall petition regarding the specific statement of the grounds of the recall petition must be filed in circuit court within five business days of the filing of the recall petition. The circuit court shall conduct an expedited declaratory judgment hearing with no right to trial by jury.

Source: SDC 1939, § 45.1325; SL 1963, ch 280; SL 1968, ch 184; SL 1979, ch 50, § 6; SL 1983, ch 52, § 6; SL 1987, ch 67, § 13; SL 1992, ch 60, § 2; SL 1997, ch 48, § 1; SL 2009, ch 34, § 2; SL 2016, ch 49, § 1.
S.D. Codified Laws § 9-4-6 — SD Code / Title 9 / Chapter 4 / Section 9-4-6
Exclusion of territory from municipality on petition or by vote of governing body
Status: in_force

Upon a two-thirds vote of the governing body, or on petition in writing signed by not less than three-fourths of the legal voters and by the owners of not less than three-fourths in value of the property in any territory within any municipality being upon the border thereof, the governing body may by resolution exclude the territory from the municipality. However, if all the land sought to be excluded is more than one-half mile from any platted portion of the municipality, the petition must be signed by the owner only.

Source: SL 1887, ch 104, § 2; CL 1887, § 1115; RPolC 1903, § 1509; RC 1919, § 6555; SDC 1939, § 45.2901; SL 1939, ch 191; SL 2016, ch 52, § 4.
S.D. Codified Laws § 9-25-1 — SD Code / Title 9 / Chapter 25 / Section 9-25-1
General bonding power of municipalities
Status: in_force

Every municipality shall have power to borrow money on the credit of the municipality for any authorized corporate purpose within the constitutional limitations of municipal indebtedness and to issue its negotiable bonds therefor in such amounts, forms, and upon such conditions as it may lawfully prescribe and after authorization as provided by this title; and to issue its refunding, judgment, courthouse, and revenue bonds in the manner, for the purposes, and after authorization as provided by this title.

Source: PolC 1877, ch 24, § 27; CL 1887, § 1048; SL 1890, ch 37, art V, § 1, subdiv 5, 6; SL 1893, ch 33, § 1; SL 1899, ch 51, § 1; SL 1901, ch 199, § 1; RPolC 1903, § 1229, subdiv 5, 6; RPolC 1903, §§ 1385, 1394, 1446, 1484; SL 1903, ch 81; SL 1905, ch 65, § 1; SL 1905, ch 155; SL 1907, ch 91, § 1; SL 1909, ch 96; SL 1911, ch 99; SL 1913, ch 119, § 53, subdiv 5, 6; RC 1919, §§ 6413, 6419, 6423, 6427; SL 1923, ch 228; SL 1931, ch 194, § 2; SDC 1939, § 45.0201 (6).
S.D. Codified Laws § 9-51-14 — SD Code / Title 9 / Chapter 51 / Section 9-51-14
Ordinance authorizing revenue bonds--Pledge and definition of net revenues
Status: in_force

The bonds described in § 9-51-13 shall be authorized by an ordinance duly adopted by the governing body and subject to referendum as other ordinances, in which ordinance the governing body may pledge all or any part of any one or more of the following:

(1) The net revenues derived from the property acquired or constructed from the proceeds of such bonds;

(2) Any net revenues of any other similar project or automobile parking facility whether acquired from proceeds of similar bonds or otherwise;

(3) Any net revenues derived by the municipality from on - street parking meters.

The governing body shall make such investigation of facts and circumstances as is necessary and based upon the findings made in such investigation and in accordance with sound accounting practices shall find and determine what portion of the revenues are net revenues and shall so define "net revenues" in the ordinance or ordinances adopted hereunder.

Source: SL 1955, ch 216, §§ 2, 5; SDC Supp 1960, §§ 45.02A02, 45.02A05.
S.D. Codified Laws § 9-29-9 — SD Code / Title 9 / Chapter 29 / Section 9-29-9
Obscene and immoral publications
Status: in_force

Every municipality shall have power to prohibit the sale or exhibition of any obscene or immoral publication, print, film, picture, or illustration.

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 (27).
S.D. Codified Laws § 9-5-18 — SD Code / Title 9 / Chapter 5 / Section 9-5-18
Bonded indebtedness of annexing school district--Tax levy--Property in annexed district exempt
Status: in_force

Except as otherwise provided in the plan for consolidation, all existing bonded indebtedness of the school district to which annexation is made shall be paid by such school district 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 school district shall ever be subjected in any way to the payment of any part of said bonded indebtedness.

Source: SL 1951, ch 249, § 12; SDC Supp 1960, § 45.29A12.
S.D. Codified Laws § 9-43-81 — SD Code / Title 9 / Chapter 43 / Section 9-43-81
Plans and specifications
Status: in_force

If the governing body deems it necessary that a local improvement to be financed in total or in part by special assessment be constructed or maintained, it shall cause plans and specifications showing the location, arrangement, form, size, and materials to be used in the construction to be prepared by the city engineer or other competent person. The plans and specifications shall be filed in the office of the finance officer and available for examination by any interested party.

Source: SL 2012, ch 57, § 9.
S.D. Codified Laws § 9-41A-32 — SD Code / Title 9 / Chapter 41A / Section 9-41A-32
Power of eminent domain
Status: in_force

A municipal power agency may exercise the power of eminent domain in accordance with §§ 9-41A-51 and 9-41A-52 .

Source: SL 1978, ch 66, § 25.
S.D. Codified Laws § 9-14-3 — SD Code / Title 9 / Chapter 14 / Section 9-14-3
Municipality to determine duties of officers--Appointment of officers--Terms--No property interest in employment--Exception
Status: in_force

Each municipality may determine, by ordinance, which officers are to be appointed and describe the duties of each appointed officer.

Except as provided in chapter 9-10 :

(1) In municipalities governed by a mayor and common council, each appointed officer is appointed by the mayor, with the approval of a majority vote of all the members of the common council qualified to serve pursuant to chapter 9-13 ; and

(2) In municipalities that are not governed by a mayor and common council, each appointed officer is appointed by a majority vote of all of the members qualified to serve on the governing body pursuant to chapter 9-13 .

Each appointed officer may be appointed annually or at intervals determined by the governing body. Except where a property interest arises by written contract, the appointment does not confer any property interest in employment.

Source: SL 1901, ch 73, § 2; RPolC 1903, § 1236; SL 1913, ch 119, §§ 14, 58; RC 1919, § 6270; SDC 1939, § 45.1104; SL 2011, ch 43, § 1; SL 2013, ch 37, § 1; SL 2026, ch 33, § 4.
S.D. Codified Laws § 9-43-117 — SD Code / Title 9 / Chapter 43 / Section 9-43-117
Application of moneys received from collection of assessments
Status: in_force

All moneys received from collections of assessments for any local improvement wholly or partially financed from the proceeds of general obligation bonds shall be applied toward payment of the assessment bonds issued on account thereof, including those held in the debt service fund for the general obligation bonds, in the same manner as if all such assessment bonds were held by third persons.

Source: SL 2012, ch 57, § 45.
S.D. Codified Laws § 9-23-23 — SD Code / Title 9 / Chapter 23 / Section 9-23-23
Incidental account
Status: in_force

A municipality may establish an incidental account in an amount determined by the governing body by setting aside on an imprest basis money from the general fund. The incidental account shall be kept and used by the officer designated by the governing body for advanced payment or for claims requiring immediate payment, not to exceed an amount established by the governing body. A detailed account of the expenditures from the incidental account shall be presented at regular intervals not to exceed one month with verified vouchers, itemized and supported by receipted bills or other information as general evidence of payment, which are subject to audit. All expenditures from this account shall be listed with other bills in the regular proceedings of the governing body. All claims made on the incidental account require the signatures of two officers of the municipality.

Source: SL 2012, ch 56, § 1.
S.D. Codified Laws § 9-3-1 — SD Code / Title 9 / Chapter 3 / Section 9-3-1
Minimum population of municipalities
Status: in_force

A municipality may not be incorporated unless it contains at least one hundred legal residents and at least forty-five registered voters. For the purposes of this section, a person is a legal resident in the proposed municipality if the person actually lives in the proposed municipality for at least ninety days of the three hundred sixty-five days immediately preceding the filing of the petition or is an active duty member of the armed forces whose home of record is within the proposed municipality.

Source: PolC 1877, ch 24, § 2; CL 1887, § 1023; RPolC 1903, § 1418; SL 1909, ch 73; RC 1919, § 6172; SDC 1939, § 45.0302; SL 2016, ch 48, § 1.
S.D. Codified Laws § 9-19-11 — SD Code / Title 9 / Chapter 19 / Section 9-19-11
Reconsideration of vetoed item--Vote to override
Status: in_force

If a mayor exercises veto power pursuant to § 9-19-10 , the municipal finance officer must present the vetoed item, together with the mayor's written objection, for reconsideration at the next meeting of the common council. If at that meeting the ordinance or resolution is passed by a two-thirds vote of the aldermen qualified to serve by election or appointment pursuant to chapter 9-13 , the ordinance or resolution must:

(1) Be published, together with a statement of the votes for and against the ordinance or resolution; and

(2) Become effective, notwithstanding the mayor's veto, unless suspended by referendum.

Source: SDC 1939, § 45.1004; SL 2001, ch 45, § 2; SL 2017, ch 56, § 11; SL 2026, ch 33, § 41.
S.D. Codified Laws § 9-34-18 — SD Code / Title 9 / Chapter 34 / Section 9-34-18
Local regulation of peddling and soliciting
Status: in_force

Any county or municipality may regulate door - to - door sales, peddlers and solicitors.

Source: SL 1925, ch 252, § 15; SDC 1939, § 54.0607; SL 1967, ch 245, § 2; SDCL, § 37-13-16; SL 1992, ch 276, § 16.
S.D. Codified Laws § 9-51-15 — SD Code / Title 9 / Chapter 51 / Section 9-51-15
Contents of resolution or ordinance--Covenants and agreements with bondholders
Status: in_force

The resolution or ordinance described in § 9-51-14 shall be as provided in chapter 6-8B and shall designate a special fund from which the principal and interest shall be payable, shall fix and define the net revenues appropriated and pledged to the special fund and shall contain the covenants and agreements which are to be in effect between the municipality and the purchasers and holders of the bonds.

Source: SL 1955, ch 216, § 5; SDC Supp 1960, § 45.02A05; SL 1984, ch 43, § 91.
S.D. Codified Laws § 9-45-2 — SD Code / Title 9 / Chapter 45 / Section 9-45-2
Street names and numbering of houses
Status: in_force

Every municipality shall have power:

(1) To name and change the name of any street, avenue, alley, or other public place;

(2) To regulate the numbering of houses and lots.

Source: SL 1890, ch 37, art V, § 1, subdivs 22, 23; RPolC 1903, § 1229, subdivs 22, 23; SL 1913, ch 119, § 53, subdivs 22, 23; RC 1919, § 6169 (31), (32); SDC 1939, § 45.0201 (96), (97).
S.D. Codified Laws § 9-42-7 — SD Code / Title 9 / Chapter 42 / Section 9-42-7
Combining improvements for purposes of plans and contract--Allocation of costs
Status: in_force

Two or more local improvements, the proceedings for which have been or are to be instituted separately, due to differences in the areas to be served by such improvements or the type of work involved therein, may be governed by a single set of plans and specifications and a single contract, and such plans and specifications and contract may also include work inside or outside of the municipality which is to be financed solely by such state or federal agency, if such method of advertising and award shall be deemed most feasible and economical by the governing body and by said agency, but in this event the governing body shall take the necessary steps to assure that the contract and incidental costs are allocated on a reasonable basis to the respective improvements involved.

Source: SDC 1939, § 45.1501 as added by SL 1953, ch 260, § 1.
S.D. Codified Laws § 9-34-8 — SD Code / Title 9 / Chapter 34 / Section 9-34-8
Hawkers, peddlers, pawnbrokers, scalpers, employment agencies--Provisions not applicable to peddling or soliciting telecommunications services
Status: in_force

Every municipality may license, tax, regulate, or prohibit hawkers, peddlers, solicitors, pawnbrokers, ticket scalpers, and employment agencies. However, the provisions of § 9-34-18 and this section do not apply to the peddling or soliciting of telecommunications services subject to the provisions of chapter 49-13 or 49-31 .

Source: SL 1890, ch 37, art V, § 1, subdiv 30; RPolC 1903, § 1229, subdiv 30; SL 1913, ch 119, § 53, subdiv 30; RC 1919, § 6169 (55); SL 1925, ch 245; SDC 1939, § 45.0201 (73); SL 1992, ch 65.
S.D. Codified Laws § 9-16-5.7 — SD Code / Title 9 / Chapter 16 / Section 9-16-5.7
Description furnished to member--Charge
Status: in_force

The administrator of a system shall, upon written request of any participant or beneficiary, furnish a copy of the latest updated summary system description, the latest annual report and any bargaining agreement, trust agreement, contract, or other instrument under which the system is established or operated. The administrator may make a reasonable charge to cover the cost of furnishing such complete copies.

Source: SL 1984, ch 56, § 12.
S.D. Codified Laws § 9-21A-4 — SD Code / Title 9 / Chapter 21A / Section 9-21A-4
Rural service district--Lands included
Status: in_force

The rural service district shall include only such platted or unplatted lands as in the judgment of the governing body at the time of the adoption of the ordinance are rural in character, are used or usable for agriculture, and are not developed for commercial, industrial, or urban residential purposes, and for these reasons are not benefited to the same degree as other lands by municipal services financed by general taxation. The rural service district may include lands which are not contiguous to one another. The ordinance may designate lands outside the municipality which, if annexed, shall be included within the rural service district.

Source: SL 1972, ch 68, § 4.
S.D. Codified Laws § 9-32-12 — SD Code / Title 9 / Chapter 32 / Section 9-32-12
Noxious and unhealthful vegetation
Status: in_force

Every municipality shall have power to determine what shall be deemed noxious or unhealthful vegetation, fix limits within which the same shall not be permitted to grow, and provide for the destruction thereof and for defraying the cost of the destruction thereof by special assessment against the property upon which the same shall be destroyed.

Source: SL 1907, ch 95; RC 1919, § 6169 (45); SDC 1939, § 45.0201 (33).
S.D. Codified Laws § 9-54-3 — SD Code / Title 9 / Chapter 54 / Section 9-54-3
"Revenue bonds" defined
Status: in_force

Revenue bonds, as the term is used in this chapter, are bonds to be paid exclusively from the revenue produced by the project financed by the use of the proceeds thereof, including but not limited to payments due under any revenue agreement, or under any bond or other obligation issued in payment therefor or any mortgage, pledge, or security agreement given with respect to the project or any other property of the lessee, purchaser, or borrower with respect to the project.

Source: SL 1964, ch 148, § 7; SL 1973, ch 59, § 3; SL 1981, ch 77, § 4.
S.D. Codified Laws § 9-53-13 — SD Code / Title 9 / Chapter 53 / Section 9-53-13
Levy and collection of special assessments--Assessment bonds
Status: in_force

Special assessments may be made, levied, and collected and assessed and assessment bonds may be issued to finance the improvement all as now provided by chapter 9-43 . Assessment bonds shall be called public convention hall bonds.

Source: SL 1967, ch 230, § 10.
S.D. Codified Laws § 9-55-15 — SD Code / Title 9 / Chapter 55 / Section 9-55-15
Procedure for implementation of tax
Status: in_force

For the purposes of implementing the tax imposed under § 9-55-14 , the governing body may make a reasonable classification of businesses or users of space in a district. The collection of the tax imposed pursuant to § 9-55-14 , shall be made and enforced in such a manner as the governing body shall by resolution determine. The governing body may by resolution provide that failure to pay such tax shall constitute a violation of the resolution and shall subject the violator to a fine or other punishment as provided in such resolution.

Source: SL 1986, ch 81, § 15.
S.D. Codified Laws § 9-6-2 — SD Code / Title 9 / Chapter 6 / Section 9-6-2
Petition for dissolution--Contents--Verification
Status: in_force

A petition for dissolution must show:

(1) The name of the municipality;

(2) The date of its incorporation;

(3) The fact that it contains a population of less than two hundred fifty persons;

(4) That the petitioners are the owners of more than one - half of the real property contained within its limits, in area as shown by a recorded deed or other instrument evidencing title to the property; and

(5) That the petitioners are the owners of more than one - half of the real property contained within the limits of the municipality, in assessed valuation, as shown by the most recent assessed values available from the county or counties in which the municipality is situated at the time of filing the petition for dissolution.

Two or more of the petitioners shall verify by affidavit that the statements contained in the petition for dissolution are true.

Source: SL 1903, ch 91, § 1; RC 1919, § 6566; SDC 1939, § 45.3002; SL 2025, ch 38, § 2.
S.D. Codified Laws § 9-12-1 — SD Code / Title 9 / Chapter 12 / Section 9-12-1
General corporate powers--Municipal property
Status: in_force

Every municipality has the power:

(1) To sue and be sued and to contract in its corporate name;

(2) To acquire by lease, purchase, gift, condemnation, or other lawful means and hold in its corporate name, or use and control as provided by law, both real and personal property and easements and rights of way within or without the corporate limits for all purposes authorized by law or necessary to the exercise of any power granted;

(3) To provide that supplies needed for the use of the municipality are furnished by contract let to the lowest responsible bidder, except as otherwise provided by law;

(4) To construct, operate, and maintain an auditorium and all public buildings necessary for the use of the municipality;

(5) To insure the public property of the municipality;

(6) To convey, sell, give, dispose of, or lease the personal and real property of the municipality as provided by the laws of this state; and

(7) To perform all administrative and financial functions for all purposes authorized by law or necessary to the exercise of any power granted.

Source: SDC 1939, § 45.0201 (12)-(15), (17), (18); SL 2002, ch 33, § 3; SL 2014, ch 49, § 1; SL 2025, ch 38, § 59.
S.D. Codified Laws § 9-4-4.3 — SD Code / Title 9 / Chapter 4 / Section 9-4-4.3
Notice of hearing on resolution to landowners and county auditor--Adoption
Status: in_force

Prior to adoption, copies of the resolution of intent with a notice of time and place of the public hearing shall be forwarded by certified mail to the affected landowners and the county auditor, who shall then forward the resolution of intent and notice of public hearing regarding the resolution of intent 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 resolution of intent may be adopted, pursuant to chapter 9-19 , with or without amendments after 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.

Source: SDC 1939, § 45.2906 as added by SL 1955, ch 215, § 1; SDCL § 9-4-4; SL 1979, ch 47, § 3; SL 1984, ch 52, § 2; SL 2012, ch 54, § 1.
S.D. Codified Laws § 9-38-71 — SD Code / Title 9 / Chapter 38 / Section 9-38-71
Establishment and collection of admission charges and rent for use of swimming pools--Expenses and bond payments to be covered by rents and charges
Status: in_force

The governing body of each municipality issuing bonds hereunder shall have the authority, and it shall be its duty, to establish and collect reasonable charges for the admission of all persons to swimming pool premises for the purpose of use of any of the swimming pool facilities and for attendance at or participation in any recreational, athletic or exhibition activities conducted by the municipality or any board or department thereof, or for any other purpose, and shall also have the authority and duty to establish and collect reasonable rentals for all use and occupancy and reservation for use or occupancy of the premises and any part thereof, for any purpose, by any person, firm or public or private corporation other than the municipality itself, whether or not such person, firm or corporation shall charge for admission of individuals to the premises so rented. Such rentals and charges shall be fixed according to schedules, and shall be revised when necessary, so as to produce gross revenues at all times sufficient for current operation and maintenance of the swimming pool facility and sufficient for prompt payment of all outstanding revenue bonds and interest and creation and maintenance of agreed reserves.

Source: SL 1957, ch 258, § 3; SDC Supp 1960, § 45.24D03.
S.D. Codified Laws § 9-5-1 — SD Code / Title 9 / Chapter 5 / Section 9-5-1
Petition by voters of municipality to be annexed--Agreement on terms of annexation--Resolutions of governing bodies
Status: in_force

No consolidation of contiguous municipalities may be considered unless fifteen percent of the registered voters of the municipality, based upon the total number of registered voters at the last preceding general election, desiring to be annexed to another who are also named as owners of real property in the tax list of the last preceding year, shall file with the municipal finance officer a petition requesting consolidation. When such petition has been filed the governing bodies of the municipalities concerned shall meet and fix the terms upon which the proposed annexation shall be made. If both governing bodies agree upon the proposed terms, they shall by identical resolutions so declare.

Source: SL 1951, ch 249, § 1; SL 1955, ch 214, § 1; SDC Supp 1960, § 45.29A01; SL 1987, ch 67, § 21.
S.D. Codified Laws § 9-38-10 — SD Code / Title 9 / Chapter 38 / Section 9-38-10
Park board in municipality of first class--Qualifications and teams of members--Salaries of board members
Status: in_force

All municipalities of the first class may create by ordinance a park board. The ordinance creating the board shall specify the number, the qualifications, the term of office of the members, the frequency of board meetings, the officers to be selected and a description of their duties, the number of members necessary for a quorum, and the scope of the board's authority.

The salaries of the members of the board shall be fixed by such ordinance and be paid as provided for in the ordinance.

Source: SL 1909, ch 272, §§ 1, 10; RC 1919, §§ 6434, 6443; SDC 1939, § 45.2502; SL 1992, ch 60, § 2; SL 1995, ch 49, § 2.
S.D. Codified Laws § 9-14-43 — SD Code / Title 9 / Chapter 14 / Section 9-14-43
Fire department employees--Hours of employment
Status: in_force

The hours of employment of full-time employees of municipal fire departments are governed by municipal policy or contract, but may not exceed two hundred twelve hours during a twenty-eight-day work period or two hundred four hours during a twenty-seven-day work period, as determined by mutual agreement, unless the employee is paid additional compensation or is allowed compensatory time off.

Source: SL 1933 (SS), ch 10, § 2; SDC 1939, § 17.0103; SL 1949, ch 75, § 1; SL 1951, ch 93, § 1; SL 1959, ch 100; SL 1966, ch 63, § 1; SL 1976, ch 33, § 1; SL 1986, ch 30; SL 2010, ch 19, § 25; SDCL § 3-6-17; SL 2012, ch 23, § 105; SL 2026, ch 33, § 30.
S.D. Codified Laws § 9-35-25 — SD Code / Title 9 / Chapter 35 / Section 9-35-25
Definitions
Status: in_force

Terms used in §§ 9-35-25 to 9-35-27 , inclusive, mean:

(1) "Cable operator," any person who provides cable service over a cable system;

(2) "Cable service," the one-way transmission to subscribers of video programming or other programming service and the subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service;

(3) "Cable system," a facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service to multiple subscribers within a community. The term does not include a facility that serves subscribers without using the public right-of-way; a facility of a telecommunications company that provides telecommunications service as defined and regulated by chapter 49-31 , except to the extent that the facility is used to transmit video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services;

(4) "Franchise," an authorization, established by ordinance, issued by a franchising authority, which authorizes the construction and operation of a cable system;

(5) "Franchising authority," a municipality;

(6) "Other programming service," information that a cable operator makes available to all subscribers generally;

(7) "Public, educational, or governmental access facilities," channel capacity designated for public, educational, and governmental use and the facilities and equipment for the use of such channel capacity; and

(8) "Video programming," programming provided by, or generally considered comparable to programming provided by, a television broadcast station.

Source: SL 2005, ch 53, § 1.
S.D. Codified Laws § 9-45-8 — SD Code / Title 9 / Chapter 45 / Section 9-45-8
Publication of notice of petition and hearing on vacation
Status: in_force

Upon the filing of a petition pursuant to § 9-45-7 , the governing body, if it deems it expedient that the matter should be proceeded with, shall order the petition to be filed with the auditor or clerk, who shall give notice by publication once each week for at least two successive weeks, to the effect that the petition has been filed and stating in brief its object and that the petition will be heard and considered by the governing body, or a committee appointed by the governing body for that purpose, on a day specified not less than ten days from the last publication of the notice.

Source: SDC 1939, § 45.1708; SL 1949, ch 186; SL 1951, ch 241, § 1; SL 1972, ch 51, § 2; SL 2003, ch 46, § 1.