Title 9 — MUNICIPAL GOVERNMENT

Every municipality shall have power to do what may be necessary or expedient for the promotion of health or the suppression of disease. Source: SL 1890, ch 37 , art V, § 1, subdiv 63; RPolC 1903, § 1229, subdiv 63; RPolC 1903, § 1438, subdiv 4; SL 1913, ch 119 , § 53, subdiv 63; …

Every municipality shall have power to regulate and prevent the placing of ashes, dirt, garbage, or any offensive matter in any street or public ground or in any body or stream of water, within the municipality. Source: SL 1890, ch 37 , art V, § 1, subdiv 15; RPolC 1903, § 1229, …

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 groun…

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 asses…

Every municipality shall have power to establish, maintain, and regulate cemeteries within or without the municipality, to cause cemeteries to be removed and prohibit their establishment within, or within one mile of the corporate limits; and to provide for the operation and cont…

Cemeteries owned by or under the control of municipalities as provided in § 9-32-13 , may, at the discretion of the governing board be maintained as perpetual care cemeteries. Source: SL 1971, ch 71 , § 1.

Municipalities who have established perpetual care cemeteries prior to July 1, 1971, or who establish perpetual care cemeteries subsequent to July 1, 1971, shall not be subject to any of the provisions of chapter 55-12 . Source: SL 1971, ch 71 , § 4.

The board shall have the power to set rates for perpetual care and the amount to be received for the sale of burial spaces. Source: SL 1971, ch 71 , § 2.

The auditor or clerk shall maintain adequate records for the sale of burial spaces and for the sale of perpetual care. The municipality shall issue deeds for sale of burial spaces and certificates of purchase for perpetual care. Source: SL 1971, ch 71 , § 6.

Payments for perpetual care shall be permanently set aside in a trust fund, and only the income from the trust fund investments shall be used for the care and maintenance of the cemetery. Income from perpetual care investments shall be credited to the cemetery maintenance account…

Whenever the municipality operating a cemetery, perpetual care, or nonperpetual care, under the laws of this state, finds it necessary to extend the boundaries of such cemetery or acquire land removed from the present cemetery in order to provide for the burial of the dead, it sh…

Each first or second class municipality may appoint a board of health and prescribe its powers and duties subject to the supervision of the State Department of Health. Source: SL 1890, ch 37 , art V, § 1, subdiv 61; RPolC 1903, § 1229, subdiv 61; SL 1913, ch 119 , § 53, subdiv 61…

If the municipality finds it necessary to extend the boundaries of such cemetery, or acquire land removed from the present cemetery, a portion of the perpetual care trust fund may be used under the following conditions: If the trust fund is in the amount of fifty thousand dollars…

Any municipality may expend a portion of the perpetual care trust fund to maintain the cemetery. However, only amounts in excess of fifty thousand dollars may be expended and used for cemetery purposes only. For expenditures in excess of five thousand dollars, notice of hearing s…

The provisions of § 47-29-9 relating to resales and transfers of unused and uncared for lots and mausoleums shall be equally applicable to cemeteries and mausoleums of a municipality and the provisions of this section shall be retroactive for any municipality who may have reposse…

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

Every municipality shall have power to provide for the inspection of meats, dairy products, fish, lard, vegetables, flour, and similar provisions. Source: SL 1890, ch 37 , art V, § 1, subdiv 38; RPolC 1903, § 1229, subdiv 38; SL 1913, ch 119 , § 53, subdiv 38; RC 1919, § 6169 (67…

Any municipal corporation in this state may adopt an ordinance providing for the examination of any person or persons owning or operating, or of any employee or employees employed therein, who conduct or operate a public eating or drinking place where drink or food is provided or…

Every first or second class municipality with a population of seven hundred fifty or more, as shown by the last preceding federal census, shall provide and maintain public toilets for each sex in accessible locations near the center of the business district. Such toilets shall be…

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; RPol…

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

Every municipality shall have power to prevent the pollution of or injury to any water supply belonging to the municipality or any public water supply within or within one mile of the limits of the municipality. Source: SL 1909, ch 158 ; RC 1919, § 6169 (75); SDC 1939, § 45.0201 …

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 (7…