Title 9, MUNICIPAL GOVERNMENT

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when this code takes effect which are not inconsistent with its provisions shall continue in force and effect until repealed or amended as provided by law.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established national organization prescribing building, electrical, plumbing, safety, fire, or health regulations need not be published in its enti…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.

The registered voters of any municipality may propose ordinances and resolutions for the government of the municipality if the petition is signed by at least five percent of the registered voters in the municipality. The percentage shall be based on the number of registered voter…

Such petition may be made up and signed and shall be liberally construed as provided by the statute governing an initiated law. Source: SDC 1939, § 45.1012; SL 1957, ch 245 , § 1.

Within ten days of the presentation of a petition pursuant to § 9-20-6 , the governing body shall submit the question to the electors at a special election to be held on a Tuesday no sooner than sixty nor later than ninety days from the date of the order of the governing body. If…

If a municipality submits a question to the electors at the next general election pursuant to § 9-20-11 , the municipality shall certify the ballot language to the county auditor by the first Tuesday in August of the year of the general election. However, the county auditor may e…

If a municipality submits a question to the electors at the next general election pursuant to § 9-20-11 , the municipality shall pay the additional election cost related to the municipal question. The cost shall be agreed upon by the county auditor and the municipal finance offic…

The auditor or clerk shall cause the entire referred ordinance or resolution to be published once a week for two successive weeks immediately preceding the election. Such publication shall include a notice that on the day of election therein stated such ordinance or resolution wi…

The auditor or clerk shall have ballots printed for the vote upon such referred ordinance or resolution and cause the same to be distributed as other official ballots are distributed. Such ballots shall conform as near as may be to the law governing the submission of questions by…

The elections provided for in this chapter shall be governed by the provisions of chapter 9-13 except as to the form of the ballots otherwise specifically provided. Source: SL 1899, ch 94 , § 9; RPolC 1903, §§ 1222, 1227; SL 1913, ch 119 , §§ 46, 51; RC 1919, § 6265; SDC 1939, § …

No referred ordinance or resolution is effective unless approved by a majority of the votes cast for and against the ordinance or resolution. If approved, the ordinance or resolution is effective the day following the completion of the canvass of the election returns. Source: SL …

The auditor or clerk shall preserve all petitions invoking the referendum filed in his office for a period of at least two years, during which time such petitions shall be open to public inspection upon reasonable request. Source: SL 1899, ch 94 , § 7; RPolC 1903, § 1220; SL 1913…

No referred ordinance or resolution may be again voted upon by the government of any municipality within one year from the date of the election thereon. Source: SDC Supp 1960, § 45.1022 as enacted by SL 1961, ch 246 .

The Legislature finds that in making past grants of decision - making authority to municipal governing authorities, its intent was to grant that authority to the governing bodies of municipalities and that such actions, unless otherwise excluded from the referendum and initiative…

Any legislative decision of a governing body is subject to the referendum process. A legislative decision is one that enacts a permanent law or lays down a rule of conduct or course of policy for the guidance of citizens or their officers. Any matter of a permanent or general cha…

A petition to propose an ordinance or resolution shall be filed with the finance officer, containing in proper form the proposed ordinance or resolution. It shall be signed by the required number of the resident registered voters of the municipality. The signer or circulator shal…

The right to initiate an ordinance shall not be applicable to ordinances proposed to nullify the purpose for which bonds have been sold by a municipality pursuant to statutory authority. Source: SL 1961, ch 247 ; SL 1980, ch 66 , § 1.

When a petition to initiate is filed with the finance officer, the finance officer shall present the petition to the governing body at its first ensuing regular or special meeting. The governing body shall submit the petition to a vote of the voters in the manner prescribed for a…

No initiated ordinance or resolution is effective unless approved by a majority of the votes cast for and against the ordinance or resolution. If approved, the ordinance or resolution is effective the day following the completion of the canvass of the election returns. Source: SL…

No initiated ordinance or resolution may be amended or repealed by the governing body of a municipality until at least one year has passed from its effective date. Source: SL 1977, ch 72 .

The required number of voters residing in any municipality may file within twenty days after the publication of any ordinance or resolution subject to referendum a petition with the auditor or clerk, requiring the submission of any such ordinance or resolution to a vote of the vo…

If the matter intended to be covered by the referendum petition is the whole of any ordinance or resolution, the petition shall contain the title of such ordinance or the subject of such resolution, and the date of its passage, but if only a portion of such ordinance or resolutio…

The referendum petition shall be signed by at least five percent of the registered voters in the municipality. The percentage shall be based on the number of registered voters of the municipality as recorded by the county auditor on the second Tuesday in January in the year the p…

Any person circulating an initiative or referendum petition shall verify that each person signing the petition is a resident and qualified voter of the municipality. The State Board of Elections shall promulgate rules pursuant to chapter 1-26 prescribing the format for an initiat…

The fiscal year of each municipality shall commence on the first day of January of each year. Source: SL 1890, ch 37 , art VII, § 7; SL 1890, ch 37 , art XV, § 1; RPolC 1903, § 1295; SL 1913, ch 119 , § 114; RC 1919, § 6333; SL 1921, ch 298 ; SDC 1939, § 45.1401.

Except as otherwise provided no contract shall be made by the governing body of any municipality and no expense shall be incurred by any department or any officer thereof, whether ordered by the governing body or not, unless an appropriation shall have been previously made concer…

The governing body may enter into a contract for any term of years as the governing body may determine with any person or any rural water system, water user district, sanitary district, water project district, or like organization for the purchase by the municipality of water, ga…

The governing body of a municipality may by resolution create a depreciation reserve within each proprietary fund, as necessary, not to exceed the accumulated depreciation of the fixed assets of the respective fund. Source: SL 1951, ch 247 , § 1; SDC Supp 1960, § 45.0201-1 (9); S…

The depreciation or the capital replacement reserves shall be used only to replace and repair equipment belonging to the municipality and may not be used for the acquisition of equipment which would represent a substantial expansion in the total amount of equipment belonging to t…

The governing body of a municipality may by resolution authorize the accumulation of funds for a period longer than one year for specific capital outlay purposes otherwise authorized by law. For the purpose of this section, capital outlay purposes means purposes which result in t…

The resolution authorized by § 9-21-14.1 shall be enacted by a two - thirds vote of the governing body and shall set forth clearly the purposes for which the funds are to be accumulated and the maximum amount that may be accumulated. The funds to be accumulated shall be expended …

No expenditure for any improvement, replacement, repair or service shall exceed in any one year the amount provided therefor in the annual appropriation ordinance of a municipality, except that the governing body may expend the proceeds of any bond issue authorized by the voters …

If the municipal corporation has on hand any unappropriated money, or money not raised by taxation, loan, or assessment, which can be spared for the purpose described in § 9-21-15 and which has not been pledged for the payment of any indebtedness of the municipality, or any money…