reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 35 - Carrier And Utility Franchises And Regulation › Section 9-35-2 - Street railway tracks in first or second class municipalities--Duration of franchise--Municipality's option to purchase.

9-35-2. Street railway tracks in first or second class municipalities--Duration of franchise--Municipality's option to purchase.
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.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 35 - Carrier And Utility Franchises And Regulation › Section 9-35-3 - Grant of franchise subject to approval by voters--Exception.

9-35-3. Grant of franchise subject to approval by voters--Exception.
The governing body may not grant a franchise to any public utility authorizing it to occupy any of the streets, alleys, or public places of the municipality without submitting the proposition of issuing such franchise to a vote of the voters thereof at a general or special election called for the purpose. However, no franchise election is required when granting a franchise to a natural gas utility which is regulated by the Public Utilities Commission.
Source:
SL 1913, ch 119, §123; RC 1919, §6248; SL 1921, ch 310; SDC 1939, §45.1006; SL 1986, ch 79.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 35 - Carrier And Utility Franchises And Regulation › Section 9-35-4 - Adoption of franchise ordinance--Publication and notice of election.

9-35-4. Adoption of franchise ordinance--Publication and notice of election.
Before submitting such proposition the governing body shall first approve the proposed franchise by an ordinance duly adopted and published incorporating the proposed franchise in full and providing for submission of such proposition at an election to be held not sooner than thirty days after the publication thereof.
The notice of election and the proposition so submitted shall refer to such ordinance by number and shall include the full title thereof.
Source:
SL 1921, ch 310; SDC 1939, §45.1006.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 35 - Carrier And Utility Franchises And Regulation › Section 9-35-5 - Majority vote of voters required for franchise.

9-35-5. Majority vote of voters required for franchise.
No such franchise or franchise ordinance shall be effective, except as otherwise specifically provided, unless the proposal to grant the same be approved at such election by a majority vote of the voters of such municipality voting thereon.
Source:
SL 1913, ch 119, §53, subdiv 78; SL 1913, ch 119, §123; RC 1919, §6248; SL 1921, ch 310; SDC 1939, §45.1006.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 35 - Carrier And Utility Franchises And Regulation › Section 9-35-6 - Maximum duration of franchise.

9-35-6. Maximum duration of franchise.
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.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 35 - Carrier And Utility Franchises And Regulation › Section 9-35-7 - Extension of streets, alleys, sewers, and waterworks through railroad property--Restoration of railroad property.

9-35-7. Extension of streets, alleys, sewers, and waterworks through railroad property--Restoration of railroad property.
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).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 35 - Carrier And Utility Franchises And Regulation › Section 9-35-8 - Maintenance of railroad crossings and drainage works.

9-35-8. Maintenance of railroad crossings and drainage works.
Every municipality shall have power to require railroad companies to make, keep open, and repair their crossings of streets and public roads, and to require them to make, keep open, and repair ditches, drains, sewers, and culverts along and under their tracks, so that drainage of adjacent property shall not be impeded and the right-of-way shall be properly drained.
Source:
SL 1909, ch 50; RC 1919, §6169 (16); SDC 1939, §45.0201 (93).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 35 - Carrier And Utility Franchises And Regulation › Section 9-35-9 - Maintenance by railroads of safety devices at crossings--Grade changes--Fencing of right-of-way.

9-35-9. Maintenance by railroads of safety devices at crossings--Grade changes--Fencing of right-of-way.
Every first or second class municipality shall have power to require railroad companies to keep flagmen and maintain lights at railroad crossings of streets and provide for the safety of persons and property; to compel them to construct, maintain, and operate gates at railroad crossings of streets when the keeping of a flagman is not sufficient protection; to compel them to raise or lower their tracks to conform to any grade which may be established by the municipality and to keep such tracks on the level with the street or highway surface, so that such tracks may be crossed at any place on such street or highway; to require them to fence their railroads and construct and repair cattle guards, viaducts, or overhead crossings, and to provide for and change the location, grade, and crossing of any railroad; all subject to the powers vested in the Public Utilities Commission.
Source:
SL 1890, ch 37, art V, §1, subdiv 25 to 27; RPolC 1903, §1229, subdiv 25 to 27; SL 1913, ch 119, §53, subdiv 25 to 27; SL 1913, ch 122; RC 1919, §6170 (3) to (5); SDC 1939, §45.0202 (9); SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 35 - Carrier And Utility Franchises And Regulation › Section 9-35-10 - Steam, heat, and refrigeration systems--Bond issues.

9-35-10. Steam, heat, and refrigeration systems--Bond issues.
Every first or second class municipality shall have power to establish, maintain, and operate, and to regulate the construction or operation of conduits of railroads, or other means of transit or transportation, and of plants and equipment for the production or transmission of steam, heat, or refrigeration, and to issue bonds for such purposes.
Source:
SL 1913, ch 119, §53, subdiv 14; RC 1919, §6170 (1); SDC 1939, §45.0202 (11); SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 35 - Carrier And Utility Franchises And Regulation › Section 9-35-11 - Buses and taxis--Intercity service.

9-35-11. Buses and taxis--Intercity service.
The governing body of each municipality in this state is empowered and vested with exclusive jurisdiction to license, regulate, fix the routes of travel, and the speed and point for stops, of all motor carriers of passengers, operators of taxicabs and motor buses conducting operations in such municipality or in a zone adjacent thereto not a part of another municipality and not to exceed two miles around the boundaries of such municipality. When such transportation service is being rendered between adjoining municipalities, the governing bodies of each municipality may act jointly to regulate intercity service.
Source: SL 1953, ch 272, §§1, 2; SDC Supp 1960, §45.0201-1 (13); SL 2023, ch 25, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 35 - Carrier And Utility Franchises And Regulation › Section 9-35-12 - Municipal bus or transit service authorized--Territory serviced.

9-35-12. Municipal bus or transit service authorized--Territory serviced.
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.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 35 - Carrier And Utility Franchises And Regulation › Section 9-35-13 - Petition for bus or transit service.

9-35-13. Petition for bus or transit service.
Fifteen percent of the registered voters, based upon the total number of registered voters at the last preceding general election may petition for a special election as to the exercise of any of the powers referred to in §9-35-12.
Source:
SL 1970, ch 65, §2; SL 1988, ch 63, §8.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 35 - Carrier And Utility Franchises And Regulation › Section 9-35-14 - Contents of petition for bus or transit service--Conduct of election.

9-35-14. Contents of petition for bus or transit service--Conduct of election.
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.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 35 - Carrier And Utility Franchises And Regulation › Section 9-35-15 - Air pollution abatement in operation of municipal bus service.

9-35-15. Air pollution abatement in operation of municipal bus service.
Municipalities providing bus or transit service under the provisions of §§9-35-12 to 9-35-14, inclusive, shall take all reasonable measures to abate and prevent air pollution caused by the operation of such bus or transit service.
Source:
SL 1970, ch 65, §4.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 35 - Carrier And Utility Franchises And Regulation › Section 9-35-16 - "Community antenna television system" defined.

9-35-16."Community antenna television system" defined.
"Community antenna television system," hereinafter referred to as "CATV system" or "system" means a system of coaxial cables or other electrical conductors and equipment used or to be used primarily to receive television or radio signals directly or indirectly off-the-air and transmit them to subscribers for a fee.
Source:
SL 1972, ch 52, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 35 - Carrier And Utility Franchises And Regulation › Section 9-35-17 - Need for local regulation of CATV systems.

9-35-17. Need for local regulation of CATV systems.
CATV systems are hereby declared to be a business affected with such a public interest that they must be regulated locally.
Source:
SL 1972, ch 52, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 35 - Carrier And Utility Franchises And Regulation › Section 9-35-18 - Regulation of CATV systems by ordinance.

9-35-18. Regulation of CATV systems by ordinance.
Notwithstanding the provisions of §9-35-3, all municipalities shall have exclusive jurisdiction by ordinance to regulate, prohibit, and consent to the construction, installation, operation, and maintenance of CATV systems within their corporate limits.
Source:
SL 1972, ch 52, §3.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 35 - Carrier And Utility Franchises And Regulation › Section 9-35-19 - Service requirement for CATV systems--Performance bonds--Expiration dates.

9-35-19. Service requirement for CATV systems--Performance bonds--Expiration dates.
All municipalities may require every person offering a CATV system to furnish any person applying therefor along lines of its wires, cables, or other conduits, with such service and may require performance bonds or expiration dates contingent upon construction or commencement of operations.
Source:
SL 1972, ch 52, §3.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 35 - Carrier And Utility Franchises And Regulation › Section 9-35-20 - Quality standards for CATV systems--Regulation of rents or rates and installation charges.

9-35-20. Quality standards for CATV systems--Regulation of rents or rates and installation charges.
All municipalities may prescribe reasonable quality standards for CATV systems and regulate and fix reasonable and compensatory rents or rates for such system, including installation charges.
Source:
SL 1972, ch 52, §3.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 35 - Carrier And Utility Franchises And Regulation › Section 9-35-21 - Map of underground equipment of CATV system.

9-35-21. Map of underground equipment of CATV system.
Municipalities may require the filing with the municipality by the person constructing, installing, operating, or maintaining a CATV system of a proper map showing the exact location of all underground cables and equipment, together with a statement showing the exact nature of the same.
Source:
SL 1972, ch 52, §4.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 35 - Carrier And Utility Franchises And Regulation › Section 9-35-22 - Occupational tax against CATV system.

9-35-22. Occupational tax against CATV system.
Municipalities may, by appropriate ordinance, levy an annual occupational tax against any person now maintaining and operating any CATV system within its boundaries; and may levy an annual occupation tax against any person hereafter constructing, installing, operating, or maintaining a CATV system.
Source:
SL 1972, ch 52, §5.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 35 - Carrier And Utility Franchises And Regulation › Section 9-35-23 - Prior ordinances for operation of CATV systems validated.

9-35-23. Prior ordinances for operation of CATV systems validated.
All ordinances, permits, rights, or authorities heretofore adopted granting the right to install and to operate a CATV system, whether or not an election was held thereon, are hereby validated.
Source:
SL 1972, ch 52, §6.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 35 - Carrier And Utility Franchises And Regulation › Section 9-35-24 - Construction, maintenance, and lease of CATV system by municipality.

9-35-24. Construction, maintenance, and lease of CATV system by municipality.
All municipalities which have never granted a franchise for cable television prior to July 1, 1988, may construct, maintain, and lease to others for operations community antenna television systems as defined in §9-35-16; may issue revenue bonds pursuant to the provisions of chapter 9-40 for such purposes; and may combine such a system with other municipal systems and services into a single utility.
Source:
SL 1982, ch 78; SL 1988, ch 79.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 35 - Carrier And Utility Franchises And Regulation › Section 9-35-25 - Definitions.

9-35-25. Definitions.
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.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 35 - Carrier And Utility Franchises And Regulation › Section 9-35-26 - Authority of franchising authority to require franchise of cable operator--Ordinance.

9-35-26. Authority of franchising authority to require franchise of cable operator--Ordinance.
A franchising authority may require a franchise of any cable operator for the operation of a cable system within its jurisdiction. The exercise of such authority shall be pursuant to an ordinance detailing the basic requirements for a franchise and the terms and conditions for any other contractual arrangement thereafter deemed appropriate and consistent with §§9-35-25 to 9-35-27, inclusive, and federal law.
Source:
SL 2005, ch 53, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 35 - Carrier And Utility Franchises And Regulation › Section 9-35-27 - Grant of additional franchises to other cable operators--Terms.

9-35-27. Grant of additional franchises to other cable operators--Terms.
A franchising authority may grant one or more additional franchises to other cable operators under terms that are not substantially more favorable than that which the cable operator designated by §9-35-26 is required to meet. The terms that may not be substantially more favorable are with regard to right-of-way access; public, educational, or governmental access facilities requirements; and franchise fees.
Source:
SL 2005, ch 53, §3.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 36 - Flood Control And Stream Improvement › Section 9-36-1 - Municipal power to define and improve stream boundaries.

9-36-1. Municipal power to define and improve stream boundaries.
Every municipality shall have power to establish and define the boundary lines of rivers and streams and to improve the same as provided by this chapter.
Source:
SL 1931, ch 189, §1; SDC 1939, §45.0201 (100).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 36 - Flood Control And Stream Improvement › Section 9-36-2 - Resolution to establish stream boundaries within corporate limits.

9-36-2. Resolution to establish stream boundaries within corporate limits.
The governing body of any municipality may establish by resolution the boundary lines of any river or stream within the corporate limits.
Source:
SL 1931, ch 189, §1; SDC 1939, §45.2001.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 36 - Flood Control And Stream Improvement › Section 9-36-3 - Survey and marking of proposed stream boundaries--Filing of plat.

9-36-3. Survey and marking of proposed stream boundaries--Filing of plat.
When it is proposed to exercise the power granted by §9-36-2, the governing body shall cause a survey to be made of the proposed boundary lines and said lines to be marked upon the ground by suitable stakes or monuments, and a plat of such river or stream showing said boundary lines to be filed in the office of the auditor or clerk.
Source:
SL 1931, ch 189, §2; SDC 1939, §45.2001.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 36 - Flood Control And Stream Improvement › Section 9-36-4 - Notice of proposed resolution to establish stream boundaries--Contents and publication.

9-36-4. Notice of proposed resolution to establish stream boundaries--Contents and publication.
After said plat shall have been filed, notice of such proposed resolution shall be given by the auditor or clerk by publication once each week for at least two successive weeks.
The notice shall refer to the plat on file in the office of the auditor or clerk and shall fix the time and place when the governing body shall meet to act upon said resolution. It shall specify the legal description of all real property abutting upon said river or stream which shall be affected by said proposed boundary lines, and shall require all persons owning or interested in any property affected by said proposed boundary lines to appear at the meeting of the governing body and file in writing any objection which they may have to the said resolution.
Source:
SL 1931, ch 189, §3; SDC 1939, §45.2002; SL 1972, ch 51, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 36 - Flood Control And Stream Improvement › Section 9-36-5 - Time of meeting to establish stream boundaries--Adjournment.

9-36-5. Time of meeting to establish stream boundaries--Adjournment.
Such meeting shall be held not less than ten or more than thirty days subsequent to the last publication of said notice, but the meeting may be adjourned from time to time.
Source:
SL 1931, ch 189, §3; SDC 1939, §45.2002.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 36 - Flood Control And Stream Improvement › Section 9-36-6 - Filing of objections to proposed stream boundaries.

9-36-6. Filing of objections to proposed stream boundaries.
Any person owning or interested in any property affected by said proposed boundary lines desiring to object thereto, by himself or his agent or attorney, may file with the auditor or clerk a written statement of his objections thereto on or before the date of the hearing announced pursuant to §9-36-4.
Source:
SL 1931, ch 189, §4; SDC 1939, §45.2003.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 36 - Flood Control And Stream Improvement › Section 9-36-7 - Hearing and final action by governing body on stream boundaries.

9-36-7. Hearing and final action by governing body on stream boundaries.
At the hearing the governing body shall consider any objections, and when it shall have concluded the hearing it may approve and establish by resolution the proposed boundary lines, or change them in such manner as it may deem proper and establish them as so changed and modified, or may reject the same and order a new plat prepared, in which case the proceeding shall be the same as hereinbefore required. If no objections are filed, the action of the governing body shall be final.
Source:
SL 1931, ch 189, §§5, 6; SDC 1939, §§45.2004, 45.2005.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 36 - Flood Control And Stream Improvement › Section 9-36-8 - Appeal to circuit court on stream boundaries--Trial de novo.

9-36-8. Appeal to circuit court on stream boundaries--Trial de novo.
If any person owning or interested in any property affected by said proposed boundary lines shall have filed written objections to such resolution, such person shall have the right to appeal to the circuit court of the county in which the property affected thereby shall be located. Such appeal shall be taken by serving upon the auditor or clerk a notice of appeal and filing said notice with the clerk of the circuit court within twenty days after the passage of said resolution. The appeal shall stand for trial at the next succeeding term of said court without notice, and the issues thereunder shall be tried de novo.
Source:
SL 1931, ch 189, §6; SDC 1939, §45.2005.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 36 - Flood Control And Stream Improvement › Section 9-36-9 - Municipal acquisition of lands within established stream boundaries.

9-36-9. Municipal acquisition of lands within established stream boundaries.
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.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 36 - Flood Control And Stream Improvement › Section 9-36-10 - Improvement of stream boundaries--Land acquisition outside boundaries.

9-36-10. Improvement of stream boundaries--Land acquisition outside boundaries.
Any municipality having established the boundary lines of any river or stream as provided in §§9-36-2 to 9-36-7, inclusive, is authorized to improve the same by retaining walls, walks, and driveways, and if it is necessary for said purpose to include lands outside the boundary lines of said river or stream as established, it may acquire said lands or a perpetual easement therein for public use by purchase or condemnation.
Source:
SL 1931, ch 189, §8; SDC 1939, §45.2007.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 36 - Flood Control And Stream Improvement › Section 9-36-11 - Navigation and flood control improvements within stream boundaries--Acquisition of property--Assessments against adjoining property.

9-36-11. Navigation and flood control improvements within stream boundaries--Acquisition of property--Assessments against adjoining property.
Any municipality may construct, reconstruct, repair, and maintain bulkheads, wharves, levees, or breakwaters along or across any river or stream flowing within or through its boundaries. For that purpose the municipality may purchase or condemn private property and assess the cost against the property upon which the improvement is situated, and upon the lots abutting or adjoining such property upon that side of the river or stream on which the improvement is constructed, as provided in chapter 9-43.
Source:
SL 1911, ch 94, §1; RC 1919, §6367; SDC 1939, §45.2008; SL 2012, ch 57, §68.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 36 - Flood Control And Stream Improvement › Section 9-36-12 - Notice to adjoining property owners to make improvements--Publication.

9-36-12. Notice to adjoining property owners to make improvements--Publication.
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.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 36 - Flood Control And Stream Improvement › Section 9-36-13 - Improvements made by municipality--Special assessments for benefits.

9-36-13. Improvements made by municipality--Special assessments for benefits.
If a majority of the property owners do not enter a protest against the proposed improvement, and if the improvement is not made in the manner and within the time prescribed in the notice, the governing body by resolution may cause the improvement to be done and the cost of the improvement assessed against the lots chargeable as provided in §9-36-12, according to the benefits derived by each of the lots from the improvement as provided in chapter 9-43.
Source:
SL 1911, ch 94, §§2 to 4; RC 1919, §6367; SDC 1939, §45.2008; SL 2012, ch 57, §69.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 36 - Flood Control And Stream Improvement › Section 9-36-14 - Neglect by property owner to keep stream improvements in repair--Liability for damages.

9-36-14. Neglect by property owner to keep stream improvements in repair--Liability for damages.
Any owner of property upon which has been or shall hereafter be constructed any such improvement, and any owner of abutting or adjoining property as described in §9-36-12 who shall neglect to repair such improvement forthwith when notified by the governing body so to do, shall be liable to the municipality for any damages caused by such neglect, but such owner shall not be liable for any damage caused by breaking of dams used for the storage of water or by unusual torrential floods.
Source:
SL 1911, ch 94, §5; RC 1919, §6367; SDC 1939, §45.2008.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 36 - Flood Control And Stream Improvement › Section 9-36-15 - Agreements with state and United States for cooperation in flood control projects.

9-36-15. Agreements with state and United States for cooperation in flood control projects.
Every municipality shall have power to enter into agreements with the United States, with the State of South Dakota and with any authorized agency, subdivision, or unit of government, federal or state, to cooperate in preventing or controlling flooding.
Source:
SL 1957, ch 255; SDC Supp 1960, §45.0201-1 (18).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 36 - Flood Control And Stream Improvement › Section 9-36-16 - Powers of first or second class municipalities in implementing flood control projects.

9-36-16. Powers of first or second class municipalities in implementing flood control projects.
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.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 36 - Flood Control And Stream Improvement › Section 9-36-17 - Validation of prior municipal proceedings to conserve water and control floods.

9-36-17. Validation of prior municipal proceedings to conserve water and control floods.
All acts and proceedings had before July 1, 1959, and all contracts, appropriations, expenditures, and acquisitions theretofore made by any municipality of the state for the purpose of conserving its water resources or preventing or controlling flooding within or without its corporate limits which endangers property within its corporate limits or its water supply, either by such municipality acting alone or in cooperation with any authorized agency, subdivision, or unit of government, federal or state, are hereby legalized and declared valid.
Source:
SL 1957, ch 505; SL 1959, ch 463; SDC Supp 1960, §65.0337.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-1 - Municipal authority to maintain facilities and issue bonds--Limitations on campgrounds and tourist accommodations.

9-38-1. Municipal authority to maintain facilities and issue bonds--Limitations on campgrounds and tourist accommodations.
Each municipality may establish, improve, maintain, and regulate public parks, public squares, parkways, boulevards, swimming pools, camping, and other related facilities within or without the municipality, and to issue its bonds therefor, as provided by this title. A municipality may establish camping or tourist accommodation facilities if there is no existing private campground, inspected and approved by the Department of Health, located within fifteen miles of the municipality. However, a municipality may construct or expand camping or tourist accommodation facilities if there is an existing private campground within fifteen miles of the municipality if the owner of the existing campground approves the construction or expansion in writing. Camping and tourist accommodation facilities established before July 1, 1970, are deemed to have been established under the then existing authority to establish public parks, and municipalities may continue to maintain and regulate the facilities. The requirements of this section for the construction or expansion of a facility near an existing private campground do not apply to a municipality that leases camping and tourist accommodation facilities from the state which were in existence prior to January 1, 2017.
Source:
SL 1890, ch 37, art V, §1, subdiv 7, 44; RPolC 1903, §1229, subdiv 7, 44; SL 1913, ch 119, §53, subdiv 7, 44; RC 1919, §6169 (10); SDC 1939, §45.0201 (98); SL 1970, ch 63, §1; SL 1971, ch 66; SL 1990, ch 64; SL 2017, ch 59, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-2 - Municipal power to preserve trees and inclose public ground.

9-38-2. Municipal power to preserve trees and inclose public ground.
Every municipality shall have power to plant and provide for the care and preservation of trees upon public grounds and along the streets and to inclose any public ground.
Source:
PolC 1877, ch 24, §22, subdiv 15; CL 1887, §1043, subdiv 15; SL 1890, ch 37, art V, §1, subdiv 8 to 10, 44; RPolC 1903, §1229, subdiv 8 to 10; RPolC 1903, §1438, subdiv 15; SL 1913, ch 119, §53, subdiv 8 to 10, 44; RC 1919, §6169 (11); SDC 1939, §45.0201 (99).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-3 - Agreements with and grants from federal agency.

9-38-3. Agreements with and grants from federal agency.
Every municipality shall have the power to enter into agreements with and receive grants from the United States Bureau of Outdoor Recreation or its successor.
Source:
SDC Supp 1960, §45.0201-1 (24) as added by SL 1965, ch 211, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-4 - Bonding power for park improvements.

9-38-4. Bonding power for park improvements.
Every municipality shall have power to borrow money on the credit of the corporation for the purpose of constructing buildings and making improvements for public parks, and to issue its negotiable bonds therefor in the manner provided by law.
Source:
SL 1933 (SS), ch 14; SDC 1939, §45.2535.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-5 - Libraries, museums, and art galleries in parks.

9-38-5. Libraries, museums, and art galleries in parks.
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.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-6 - Athletic facilities in parks--Fee for use--Special park fund.

9-38-6. Athletic facilities in parks--Fee for use--Special park fund.
A municipality may establish, maintain, and operate golf courses, tennis courts, ball grounds, and other athletic amusements, and necessary facilities in connection therewith, as a part of its park system, and charge fees for the use thereof. All fees received under this section and any other money received for use of the board including tax revenues which may be appropriated for park purposes, shall be kept in a special park fund and shall be paid upon requisition by the president and secretary of the board and warrant drawn and executed as other warrants.
Source:
SL 1941, ch 206; SDC Supp 1960, §45.0201-1 (4); SL 1978, ch 62, §11; SL 1979, ch 58.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-7 - Governing body to control parks unless board created.

9-38-7. Governing body to control parks unless board created.
Except as provided for first or second class municipalities under a commission form of government the public parks of every municipality, whether within or without the limits of the municipality, shall be under the control and supervision of the governing body thereof unless a park board shall have been created as provided in this chapter.
Source:
RC 1919, §6433; SDC 1939, §45.2501; SL 1970, ch 63, §2; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-8 - Park boards in second and third class municipalities--Composition and functions--Qualifications of members--Teams.

9-38-8. Park boards in second and third class municipalities--Composition and functions--Qualifications of members--Teams.
All municipalities other than cities of the first class may create by ordinance a park board, serve without pay, the number of which shall be determined by the governing body of the municipality, and who shall serve at the pleasure of the governing body. The park board shall control and supervise the public parks of the municipality whether within or without the limits of the municipality. The park board shall be under the control and supervision of the governing body of the municipality, and the governing body shall prescribe all rules, regulations, and responsibilities of the park board. The ordinance creating the board shall specify the qualifications, the term of office of the members, the frequency of board meetings, the officers to be selected and a description of their duties, the number of members necessary for a quorum, and the scope of the board's authority.
Source:
SL 1955, ch 219; SDC Supp 1960, §45.0209; SL 1992, ch 60, §2; SL 1995, ch 49, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-9 - Abolition of board in city-manager city.

9-38-9. Abolition of board in city-manager city.
The park board of any first or second class municipality employing a city manager may be abolished by ordinance. Thereupon its powers and duties shall be vested in the governing body.
Source:
SL 1935, ch 158, §15; SDC 1939, §45.0911; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-10 - Park board in municipality of first class--Qualifications and teams of members--Salaries of board members.

9-38-10. Park board in municipality of first class--Qualifications and teams of members--Salaries of board members.
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.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-11 - Boards of park supervisors continued as park boards.

9-38-11. Boards of park supervisors continued as park boards.
A board of park supervisors created before July 1, 1939, by vote of the voters of a municipality of the first class shall be continued as a park board under §§9-38-10 to 9-38-58, inclusive, and shall have all of the powers of a board created by ordinance.
Source:
SDC 1939, §45.2502; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-13 - Bonds of park board members--Payment of premiums.

9-38-13. Bonds of park board members--Payment of premiums.
Each member of the board before entering upon his official duties shall give bond to the first or second class municipality as may be required by the governing body for the faithful performance of his duties and shall take and file in the auditor's office with any such bond the usual oath of office required from appointive officers of the municipality. The municipality shall pay any premium for bonds required to be given by members of the board or its officers or employees.
All official bonds required under the provisions of this section and §9-38-27 shall be approved by the governing body.
Source:
SL 1915, ch 260, §2; SL 1917, ch 305, §1; RC 1919, §6445; SL 1925, ch 237, §1; SDC 1939, §45.2504; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-19 - Legal assistance to park board.

9-38-19. Legal assistance to park board.
The city attorney as a part of his duties shall conduct all court proceedings under §§9-38-10 to 9-38-58, inclusive, and shall be the legal adviser of the board. When in its judgment the interests of the first or second class municipality demand, the board may employ special counsel to assist the city attorney.
Source:
SL 1915, ch 260, §47; RC 1919, §6491; SL 1923, ch 236, §2; SDC 1939, §45.2516; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-20 - Regulations for park board business--Contracts on behalf of city.

9-38-20. Regulations for park board business--Contracts on behalf of city.
Subject to the approval of the governing body the board shall make bylaws, rules, and regulations for the orderly transaction and conduct of its business. Subject to the approval of the governing body, the board may make and enforce contracts in the name of the city to carry out the purposes expressed in §§9-38-10 to 9-38-58, inclusive.
Source:
SL 1915, ch 260, §8; RC 1919, §6451; SL 1925, ch 237, §4; SDC 1939, §45.2506; SL 1992, ch 60, §2; SL 1995, ch 49, §8.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-22 - Park board records as evidence.

9-38-22. Park board records as evidence.
The records of such board, kept by its secretary, or copies of any such records when duly certified by the secretary shall be competent evidence of the proceedings of such board.
Source:
SL 1915, ch 260, §5; RC 1919, §6448; SDC 1939, §45.2509.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-23 - Reports by park board to governing body--Records subject to inspection.

9-38-23. Reports by park board to governing body--Records subject to inspection.
The board shall make an annual report to the governing body of its acts and all its expenditures, showing the condition of all affairs under its control.
The governing body may require a report from such board at any time, and the records, books, papers, and accounts of the board shall at all times be subject to inspection by the mayor, auditor, or any committee appointed by the governing body for that purpose.
Source:
SL 1915, ch 260, §60; RC 1919, §6503; SDC 1939, §45.2515.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-24 - Board authority over parks and boulevards--Concessions.

9-38-24. Board authority over parks and boulevards--Concessions.
The board may establish, improve, care for, regulate, and manage a system of public parks, parkways, and boulevards and with the approval of the governing body may acquire land for such purposes. The board may regulate the planting and trimming of trees and shrubbery in such areas and may establish the channel of any stream or watercourse forming a part of the park system and improve the banks of the stream or watercourse. The board may provide parkways and boulevards for the streets and maintain and regulate the care of the parkways and boulevards. The board may cause the cost of construction and maintenance of the street parkways and boulevards to be assessed against the abutting property as provided in chapter 9-43. The board may establish, maintain, and conduct with or without charge or grant concessions for places of public amusement, recreation, or refreshment within or in connection with such parks. No concession lease or grant may be made for longer than three years, and no professional shows or exhibitions for which an admission price is charged may be given in such parks. However, a lease or grant to a concession may be made by the board for a period not to exceed fifty years if the concession requires a realty improvement or capital investment or any combination thereof of at least fifty thousand dollars.
Source:
SL 1909, ch 272, §7; SL 1915, ch 260, §§9, 65; SL 1917, ch 305, §2; RC 1919, §§6440, 6452, 6508; SL 1919, ch 274; SL 1925, ch 237, §9; SL 1925, ch 238; SDC 1939, §45.2510; SL 1982, ch 79; SL 1993, ch 74; SL 2012, ch 57, §70; SL 2017, ch 59, §2.