Title 9 — MUNICIPAL GOVERNMENT

Source: SL 1988, ch 80 ; SL 1992, ch 60 , § 2.

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 municipalit…

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 du…

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 …

Except as otherwise specifically provided all sums used for the purpose of acquiring, equipping, and maintaining land, buildings, or recreational facilities as authorized by chapter 42-2 and § 9-38-78 and all sums required for the general expenses of the recreation board shall be…

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 i…

Whenever any street not under the control of the recreation board upon which any property for public recreation, playgrounds, or children's parks under the control of such recreation board fronts or abuts shall be improved or repaired, or when any drain or sewer shall be built in…

A municipality may appropriate money for the purchase, construction, maintenance, and operation within the municipality of a public art gallery or public museum, or both, or for the support of an established art gallery or museum, or both, conducted for the use and benefit of the…

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. 9-38-109 to 9-38-111. Repealed by SL 1978, ch 62 , § 34.

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…

Any park board may accept any gift, grant, devise or bequest made or offered by any person, private agency, agency of state government, the federal government, or any of its agencies, for park purposes. Each donation shall be administered in accordance with its terms. The park bo…

Any recreation board may accept any gift, grant, devise or bequest made or offered by any person, private agency, agency of state government, the federal government, or any of its agencies, for recreation purposes. Each donation shall be administered in accordance with its terms.…

9-38-13 Bonds of park board members--Payment of premiums. 9-38-14 9-38-14 to 9-38-17. Repealed by SL 1995, ch 49 , §§ 4 to 7. 9-38-18

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 u…

9-38-19 Legal assistance to park board. 9-38-20 Regulations for park board business--Contracts on behalf of city. 9-38-21

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 co…

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…

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 …

9-38-22 Park board records as evidence. 9-38-23 Reports by park board to governing body--Records subject to inspection. 9-38-24 Board authority over parks and boulevards--Concessions. 9-38-25 Placement under park board of trees, vegetation, sidewalks, and crossings along parks an…

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.

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…

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 area…

The governing body may place under the control and management of the board the planting, maintenance, trimming, and removal of trees, shrubs, and plants in any and all public grounds, thoroughfares, or lands appurtenant thereto throughout the limits of the first or second class m…

With the approval of the governing body the park board may appoint a park superintendent who shall be the chief executive officer under the board and who may or may not be a landscape architect. He shall hold office at the pleasure of the board and receive such salary as the boar…

The board may require all of its officers and employees, except laborers, to give bond for the faithful performance of their duties in such sum as shall be fixed by it, which bonds shall be filed with the auditor. Source: SL 1915, ch 260 , § 7; RC 1919, § 6450; SDC 1939, § 45.251…

The board shall have power to require all noxious and unsightly weeds on any lot in the first or second class municipality to be destroyed by the owner thereof. General notice to property owners to destroy such weeds may be given by the secretary by publication once a week for tw…

Should the owner of any lot fail to cause such weeds to be destroyed within two days after the last publication, the board may cause the same to be done. The expense thereof shall be paid out of the fund appropriated for the board and shall be certified to the auditor, and the sa…

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.

Upon the recommendation of the board the governing body may divide the first or second class municipality into park districts. Whenever the municipality shall extend or change its limits, the governing body upon the recommendation of the board may divide the added territory into …

Upon recommendation of the board the governing body may provide by ordinance for the purchase, condemnation, or otherwise obtaining of land within or without the city limits for public parks, parkways, and boulevards, and establish the same. Payment for any such land so selected …

Any municipality may accept any gift, bequest, or devise of real or personal property or the income thereof for the purpose of parks, parkways, or boulevards or for improvement or ornamentation of the same, or for the establishment or maintenance in any park, zoo, gardens, observ…

The lands which may be selected and obtained under the provisions of this chapter shall be used solely for parks, parkways, and boulevards, and for public libraries, museums, and art galleries. Source: SL 1915, ch 260 , § 46; RC 1919, § 6490; SL 1927, ch 173 ; SDC 1939, § 45.2521…

A change of use of such lands may be authorized by an affirmative majority vote of the voters of said city voting at an election on the question of such change of use. Such question may be submitted to the voters of such first or second class municipality at a regular annual or s…

The governing body of a municipality may, by private sale, sell park land physically occupied by an encroaching building and the park land around the building extending a distance not to exceed ten feet from the foundation of the building provided the building was in existence pr…

The governing body of a first or second class municipality may by ordinance authorize a change in the use of land obtained pursuant to §

Neither the governing body nor the board may permit any person to build or maintain any structure within any park or parkway under the control of the board. No structure may be erected or maintained within any park or parkway except such structures or buildings as may be erected …

No roads or streets may be laid out or constructed through any park without consent of the board. Upon recommendation of the board, any road, street, or alley, or part thereof, excepting railroads, that passes through or into or divides any land used for parks may be vacated by t…

The board may have any road, parkway, boulevard, or street or part thereof, under its control and management, graded, regraded, paved, repaved, curbed, recurbed, guttered, reguttered, or otherwise improved, repaired, and maintained, including the construction, repair, and mainten…

The contract for doing the work of construction and furnishing material for any such improvement for which special assessments are not to be levied shall be let by the board to the lowest and best bidder in the same manner and subject to the same provisions as similar work not un…

In all cases of the condemnation of private property under the provisions of §§ 9-38-10 to 9-38-58 , inclusive, for the opening or establishing of any parkway, road, boulevard, or street to be controlled by the board, the governing body, upon the recommendation of the board, by o…

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 193…

Before any road, parkway, boulevard, or street under the control of the board shall be graded, or regraded, if the property owners to be damaged thereby shall not have waived all rights to compensation for damages, proceedings shall be had for the ascertainment of the damages and…

Except as otherwise specifically provided all sums used for improving any public park, parkway, road, boulevard, or street under the control of the board and all sums required for the general expenses of such board and for other park purposes shall be paid out of moneys appropria…

The park board shall annually make an estimate of the moneys necessary for maintaining, constructing, and improving parks, parkways, roads, boulevards, and avenues which are under its control for the ensuing fiscal year. The estimate shall specify the amount required for each par…

9-38-44 Annual estimate for maintenance of trees and shrubbery. 9-38-45 9-38-45 , 9-38-46. Repealed by SL 1978, ch 62 , § 34. 9-38-47 Requisition by park board for expenditure of appropriated funds. 9-38-48 Park district moneys not to be diverted to other districts. 9-38-49 Repea…

In addition to the estimate made pursuant to § 9-38-42 , the board shall, at the time referred to in § 9-38-42 , make an estimate of the moneys necessary for the planting, maintenance, treatment, or removal of trees and shrubbery in the streets, alleys, avenues, boulevards, and p…

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 fi…

The board shall not expend the money of one park district for use in any other park district. Source: SL 1915, ch 260 , § 59; SL 1917, ch 305 , § 5; RC 1919, § 6502; SDC 1939, § 45.2534; SL 1967, ch 223 , § 2.

Repealed by SL 2012, ch 57 , § 72.

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…