Title 9, MUNICIPAL GOVERNMENT

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 ne…

After an ordinance takes effect, the municipal finance officer shall record the ordinance and a certificate of the date of its publication in a book to be known as the "ordinance book," and file the affidavit of publication with the original ordinance. Source: SL 1890, ch 37 , ar…

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 …

A municipality may compile the municipal ordinances, without revision or amendment, for publication in ordinance book or codified form. The codification is effective without publication as required for ordinances. Source: SDC 1939, § 45.0201 (20); SL 1984, ch 57 , § 1; SL 1997, c…

The governing body of any municipality may, not more than once every five years, appoint a committee to prepare and submit for its consideration an ordinance revising the ordinances of the municipality. Source: SL 1890, ch 37 , art III, § 13; RPolC 1903, § 1194; SL 1913, ch 119 ,…

Upon the adoption of an ordinance revising the ordinances of a municipality by the governing body, the municipal finance officer must publish a notice of the adoption of the revised ordinances once in the official newspaper. Twenty days after the completed publication of the noti…

An original ordinance or resolution, the record or a certified copy of the record, or any compilation or revision of ordinances printed under the authority of the municipality are admissible in evidence without further proof. Source: PolC 1877, ch 24, § 57; CL 1887, § 1094; SL 18…

In any action or proceeding instituted by an acting municipality it shall not be required to show compliance with the provisions of this title as to the passage or publication of any ordinance or resolution unless the same be controverted under oath. Source: PolC 1877, ch 24, § 5…

All ordinances and resolutions in force in any municipality when this code takes effect which are not inconsistent with its provisions shall continue in force and effect until repealed or amended as provided by law. Source: SL 1890, ch 37 , art I, § 9; RPolC 1903, § 1178; RC 1919…

No municipality may pass an ordinance that restricts or prohibits, or imposes any licensure requirement or licensure fee on the possession, storage, transportation, purchase, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components. Any ordi…

Any municipality that is required to develop a pretreatment program in accordance with chapter 34A-2 may enact, make, amend, revise or repeal all such ordinances, resolutions, and regulations as may be proper and necessary to implement the pretreatment program and to provide for …

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 enti…

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 …

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

In a prosecution for the violation of any municipal ordinance or resolution that authorizes a criminal penalty, the proceedings are governed by the procedures set forth in title 23A. Source: SL 1975, ch 96 , § 1; SL 1992, ch 60 , § 2; SL 2026, ch 33 , § 35.

An ordinance may only contain one subject, which must be expressed in the title. Source: RC 1919, § 6242; SDC 1939, § 45.1001; SL 2026, ch 33 , § 36.

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, § 1…

The title of any ordinance must be read twice with at least five days intervening between the first and second reading. The ordinance must be: (1) Signed by the mayor, mayor pro tempore, acting mayor, or president of the board of trustees; (2) Filed with the municipal finance off…

If any amendment presented and approved by the governing body at the second reading of an ordinance substantially alters the substance of the ordinance from the first reading, the proposed ordinance as amended may not be considered for final adoption until at least five days afte…

Any resolution may be passed after one reading, and must be recorded, entirely, together with the number of votes for and against the resolution, either as part of the minutes of the meeting at which the resolution passed, or separately. Source: RC 1919, § 6251; SL 1921, ch 315 ;…

The final vote to adopt an ordinance must be taken orally or by roll call, with the results entered into the minutes of the meeting. Source: SL 1890, ch 37 , art IV, § 16; RPolC 1903, § 1213; RC 1919, § 6245; SDC 1939, § 45.1004; SL 2026, ch 33 , § 39.