Title 9 — MUNICIPAL GOVERNMENT

An administrator of a retirement system subject to the provisions of this chapter shall make available to any member of the system and to any beneficiary of the system a summary system description. The summary system description shall be written in a manner to be understood by th…

The administrator of a system shall, upon written request of any participant or beneficiary, furnish a copy of the latest updated summary system description, the latest annual report and any bargaining agreement, trust agreement, contract, or other instrument under which the syst…

Each administrator of a system under this chapter annually shall furnish to each system member or beneficiary a statement showing, on the basis of the latest available information, his total contributions, if any, his total benefits accrued and his nonforfeitable benefits, if any…

An employer who employs one or more individuals who are members of a system covered under this chapter shall maintain records with respect to each employee sufficient to determine benefits due or which may become due to the employee. The employer shall furnish to the system admin…

The first or second class municipality may accept gifts, devises, and bequests for the pension fund. Source: SL 1925, ch 239 , § 5; SL 1937, ch 177 ; SDC 1939, § 45.1202; SL 1945, ch 199 ; SL 1947, ch 204 ; SL 1949, ch 183 , § 2; SL 1955, ch 201 , § 2; SL 1967, ch 220 , § 2; SL 1…

The governing body of any municipality of this state is hereby authorized to join with the governing body of any other municipality or municipalities of this state in the formation of an organization of municipalities of this state for the purposes of securing concerted action am…

Such municipal organization shall have the power and authority to hold annual and special meetings at such times and places as it may determine for the discussions and consideration of such measures and matters as affect the welfare of the municipality members thereof; to maintai…

Any municipality which shall join or become a member of such municipal organization is hereby authorized and empowered, by ordinance, to annually appropriate funds for the payment of reasonable annual dues in said organization as the same may be assessed and to pay the expenses o…

Each municipality member of said organization is hereby authorized and empowered to designate any member or members of its governing body or other persons in its employ to represent said municipality in said municipal organization and attend the meetings thereof. Source: SL 1955,…

The furnishing of fire protection is a governmental function and the South Dakota Firefighters Association, Incorporated, composed of the members of the municipal fire departments, is hereby continued as a public state institution of this state. Source: SL 1919, ch 206 , § 1; SDC…

The South Dakota Firefighters Association, Incorporated, shall hold annual schools for the purpose of instruction and drilling, as well as testing modern methods and fire extinguishing apparatus, and in general shall encourage and promote the protection of property from loss and …

The governing body of each municipality shall publish, within twelve business days, the minutes for each meeting of the governing body including a detailed statement of all expenditures of money and the name of each person paid and the service provided. The municipality shall pay…

The finance officer shall maintain a record of the minutes published pursuant to § 9-18-1 and deliver a copy to the official newspaper within five business days from the date the meeting was held. Source: SL 1972, ch 129 , § 1; SL 2018, ch 50 , § 2.

Every municipal officer shall keep a record of the official acts and proceedings of his office, and such record shall be open to public inspection during business hours under reasonable restrictions. Source: SL 1890, ch 37 , art III, § 9; SL 1890, ch 37 , art VII, § 3; RPolC 1903…

The following documents, if certified by the municipal finance officer under the corporate seal, are admissible in evidence the same as the originals: (1) Copies of all papers filed in the office of the municipal finance officer; and (2) Transcripts of all records of the governin…

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, …

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…

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…

9-20-11.2 Date to certify ballot language to county auditor. 9-20-11.3 Additional election costs paid by municipality. 9-20-12 Publication of referred ordinance or resolution--Notice of election. 9-20-13 Ballots used in referendum election--Form and contents. 9-20-14 General muni…

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, § …

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…