Title 9 — MUNICIPAL GOVERNMENT

The word "ordinance" as used in this title shall mean a permanent legislative act of the governing body of a municipality within the limits of its powers. The word "resolution" as used in this title shall mean any determination, decision, or direction of the governing body of a m…

Except as otherwise provided in this section, a mayor in any municipality operating under the aldermanic form pursuant to chapter 9-8 may exercise the veto power granted by § 9-8-3 , by filing a written objection with the finance officer within ten days after its passage. If only…

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…

If the mayor fails to sign any ordinance or resolution or file written objections within ten days after its passage, the ordinance or resolution: (1) Must be published; and (2) Becomes law without the mayor's signature. This section does not apply to any ordinance or resolution n…

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 …

Every municipality may compile the municipal ordinances without revision or amendment for publication in book form. The compilation shall be effective without publication as required for ordinances. The municipal auditor or clerk shall furnish a free copy of the book to the circu…

Every municipality shall have the power to revise the ordinances as provided herein. The governing body of any municipality not oftener than once every five years may appoint a committee of one or more competent persons to prepare and submit for its consideration an ordinance in …

Upon the adoption of an ordinance which revises the ordinances of the municipality by the governing body, the auditor or clerk shall publish a notice of the adoption of the revised ordinances once in the official newspaper. Twenty days after the completed publication of the notic…

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

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 …

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 st…

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 …

Every municipality may enact, make, amend, revise, or repeal all such ordinances, resolutions, and regulations as may be proper and necessary to carry into effect the powers granted thereto, and to provide for the punishment of each violation thereof by a fine not to exceed the f…

In the prosecution for the violation of any municipal ordinance which authorizes a penalty of a jail sentence, the municipality must prove the defendant guilty of the violation of the ordinance beyond a reasonable doubt. The proceedings shall be commenced by complaint naming the …

9-19-5 One subject expressed in title of ordinance. 9-19-6 Style of ordinance. 9-19-7 Reading, passage, and publication of ordinances--Codes incorporated by reference. 9-19-7.1 Notice requirements for substantial amendment at second reading. 9-19-8 Passage, recording, and publica…

An ordinance must embrace but one subject which shall be expressed in its title. Source: RC 1919, § 6242; SDC 1939, § 45.1001. Effective July 1, 2026

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…

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 shall be recorded at length in the minutes of the meeting at which it is passed, with a statement of the number of votes for and against it. Such resolution shall be published in full either as part of the minutes or separately. …

The vote upon all ordinances upon the second reading and to pass the same over any veto shall be taken by yeas and nays and entered upon the minutes of the meeting. Source: SL 1890, ch 37 , art IV, § 16; RPolC 1903, § 1213; RC 1919, § 6245; SDC 1939, § 45.1004. Effective July 1, …