Title 7, COUNTIES

At a hearing held pursuant to §§ 7-18-24 to 7-18-27 , inclusive, the board of county commissioners shall take public testimony on the question of whether the county should sell gravel. If, after the hearing, the board determines that it is in the best interests of the residents o…

The board of county commissioners shall annually hold a public hearing on the continuance of the sale of gravel by the county. Such hearing shall be published pursuant to § 7-18-25 . Source: SL 1992, ch 57 , § 4.

Any county may lease real property within the county from federal or state agencies to promote, establish, and maintain recreational, industrial, or economic development opportunities, and may sublease the property to any person for any such authorized public purpose. Any lease o…

Each board of county commissioners may license, tax, regulate, or prohibit any hawkers, peddlers, pawnbrokers, ticket scalpers, or employment agencies not otherwise licensed, taxed, regulated, or prohibited pursuant to § 9-34-8 . Source: SL 1994, ch 64 , § 3.

At its regular meeting in January of each year the board of county commissioners shall designate three legal newspapers printed in the county as official newspapers. If there are not three legal newspapers within the county, then as many newspapers that are legal newspapers. No m…

The name of any person receiving or who is entitled to poor relief as provided in chapter 28-13 may not be published as a part of the minutes of county commissioners meetings as provided in § 7-18-3 . Source: SL 1975, ch 79 , § 1; SL 2016, ch 44 , § 43.

Any county may lease or sell or give and convey any personal or real property of the county or perform any work or render any services, to the state or any public corporation thereof, to be used by such grantee for an authorized public purpose. Such lease or sale or gift and conv…

Any county may lease its county - owned property. Any such lease shall be for a term and upon the conditions provided by resolution of the governing body. Source: SL 1996, ch 55 , § 2.

If the governing body decides to lease any county - owned property to any private person for a term exceeding one hundred twenty days and for an amount exceeding five hundred dollars annual value it shall adopt a resolution of intent to enter into such lease and fix a time and pl…

The provisions of chapter 7-30 do not apply to §§ 7-18-30 to 7-18-32 , inclusive. Source: SL 1996, ch 55 , § 4.

Any county of this state may, through its county commissioners, contribute sums of money to provide general operating and capital support to any technical college and other career and technical education purposes. The funds necessary to execute this section may be appropriated fr…

A board of county commissioners may not, by any method or means, prohibit or restrict an individual who is a county employee, officer, or volunteer, from lawfully possessing any concealed firearm and compatible ammunition, while the individual is within any county building, facil…

Each official newspaper shall file an affidavit of publication with the county auditor, executed in due form, of all legal official publications made by the county. Source: SL 1874-5, ch 25 , § 1; PolC 1877, ch 21, § 54; CL 1887, § 619; SL 1901, ch 97 , § 1; RPolC 1903, § 859; RC…

The county auditor shall make a full and complete report of the proceedings of each regular and special meeting of the board and send a copy to the official newspapers. The report shall be sent within one week from the time each meeting is held. Source: CL 1887, § 620; SL 1895, c…

If any judgment is obtained against a county, the board of county commissioners may, at any time after the expiration of six months from the rendition of the judgment, assess and collect a sufficient amount of revenue to pay off and discharge the judgment. The property of the cou…

Any board of county commissioners may obtain and pay for all forms of liability insurance, or in lieu thereof, make other arrangements, including entering into agreements with others, which agreements may create separate legal or administrative entities pursuant to chapter 1-24 ,…

The board of county commissioners may condemn private property for public purposes in the manner and to the extent provided by law. If the board of county commissioners deems it necessary to condemn private property for the purpose of opening, constructing, changing, relocating, …

Terms used in this chapter, unless the context plainly requires otherwise, shall mean: (1) "Board," a board of county commissioners; (2) "Ordinance," a permanent legislative act of a board of county commissioners passed within the limits of its powers; (3) "Publish," publication …

An initiated ordinance may not be proposed which would nullify such ordinances or resolutions as may be necessary for the immediate preservation of the public peace, health, or safety or for the support of any government or existing public institutions, or which would nullify the…

The right to propose an ordinance or resolution shall be exercised by filing with the auditor a petition in proper form containing the proposed ordinance or resolution, signed by the required number of qualified voters of the county. The signer or circulator of the petition shall…

Each person who has circulated a petition shall, before filing the petition, sign an affidavit, under oath, verifying that he or she circulated the petition and that either the circulator or the signer added the signer's place of residence and date of signing. If multiple sheets …

If a petition to initiate is filed with the auditor, the auditor shall present it to the board of county commissioners at its next regular or special meeting. The board shall submit it to a vote of the voters in the manner prescribed for a referendum within sixty days after the f…

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…

Any ordinance or resolution adopted by a board of county commissioners may be referred to a vote of the qualified voters of the county by the filing of a petition signed by five percent of the registered voters in the county, based upon the total number of registered voters at th…

Any legislative decision of a board of county commissioners 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…

A petition to refer an ordinance or resolution subject to referendum may be filed with the auditor within twenty days after publication of the ordinance or resolution in the last to publish official county newspaper. The filing of the petition requires the submission of the ordin…

If the matter intended to be covered by a 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 resolution …

Voters signing a referendum petition shall comply with the requirements of § 7-18A-11 , and it shall be verified in accordance with § 7-18A-12 . Source: SL 1975, ch 82 , § 28.

If the validation process of a petition indicates that a sufficient number of qualified electors have signed the petition, the county auditor shall certify that the petition has been signed by the required number of qualified electors and shall place the proposed measure on the b…

A special election shall be held within sixty days after the filing of a petition under § 7-18A-15 . However, if the petition is filed within three months prior to a primary, general, or statewide special election, the ordinance or resolution may be submitted at the primary, gene…

Each county may enact, amend, and repeal such ordinances and resolutions as may be proper and necessary to carry into effect the powers granted to it by law and provide for the enforcement of each violation of any ordinance by means of any or all of the following: (1) A fine not …

The auditor shall have the entire referred ordinance or resolution published once a week for two successive weeks immediately preceding the election. Such publication shall include a notice stating the day of election on which the ordinance or resolution will be submitted to the …

The auditor shall have ballots printed for the vote upon the referred ordinance or resolution and have them 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 Legislature, exc…

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 shall preserve all petitions invoking the referendum for at least two years. The petitions shall be open to public inspection upon reasonable request. Source: SL 1975, ch 82 , § 33.

No question contained in a referred or initiated ordinance or resolution may be voted upon again within one year from the date of the election thereon. Source: SL 1975, ch 82 , § 34.

After an ordinance takes effect, the auditor shall record it with a certificate of the date of its publication in a book to be known as the "Ordinance Book" and shall file the affidavit of publication with the original ordinance. Source: SL 1975, ch 82 , § 11.

If a county posts the ordinance book or any part of the book on the county's official website, the county shall ensure the most current version of the ordinance book or any part of the book is posted. Source: SL 2019, ch 50 , § 1.

Every county shall have power to compile its ordinances without revision or amendment, not more often than once in five years, for publication in book form. The compilation shall be effective without the publication required for ordinances. Source: SL 1975, ch 82 , § 12.

Each board, not more often than once every five years, may appoint a committee of one or more competent persons to prepare and submit for its consideration an ordinance which revises the ordinances of the county. Source: SL 1975, ch 82 , § 14.

Upon the adoption of an ordinance in revision by the board, the auditor shall publish a notice, once each week for two successive weeks, that an ordinance in revision was adopted. Twenty days after the completed publication of the notice, unless the referendum shall have been inv…

An ordinance shall embrace only one subject, which shall be expressed in its title. Source: SL 1975, ch 82 , § 5.

An original ordinance or resolution, the record in the ordinance book or a certified copy thereof, or any compilation or revision of ordinances purporting to be printed under the authority of a board are admissible in evidence without further proof. Source: SL 1975, ch 82 , § 16.

In any action or proceeding instituted pursuant to an ordinance or resolution passed pursuant to this chapter, it shall not be required to show compliance with the provisions of this chapter as to the passage or publication of any ordinance or resolution unless the same be contro…

Actions for violations of county ordinances shall be civil cases and the county shall be the plaintiff. The actions shall be commenced by the filing of a complaint and the response thereto shall be by oral plea or written answer. Conduct for the trials of violation of county ordi…

In the prosecution for the violation of any county ordinance which authorizes a penalty of a jail sentence, the county shall prove the defendant guilty of the violation of the ordinance beyond a reasonable doubt. Source: SL 1975, ch 82 , § 3.