Title 9 — MUNICIPAL GOVERNMENT

Every municipality shall have power to regulate partition fences and party walls. Source: SL 1890, ch 37 , art V, § 1, subdiv 48; RPolC 1903, § 1229, subdiv 48; SL 1913, ch 119 , § 53, subdiv 48; RC 1919, § 6169 (28); SDC 1939, § 45.0201 (49).

Every municipality shall have power to regulate the installation and operation of motors and other electrical or mechanical devices so as to prevent interference with radio reception. Source: SL 1929, ch 196 ; SDC 1939, § 45.0201 (50).

The mayor of a first or second class municipality having a common council, each member of a board of city commissioners, and each town marshal shall possess, within the jurisdiction of the municipality, all the powers conferred by law upon sheriffs to suppress disorder and keep t…

The mayor of every first or second class municipality shall have the power, when necessary, to call upon every inhabitant of the municipality over the age of eighteen years to aid in enforcing the laws and ordinances, and to call out any organized militia within the county in whi…

The chief of police shall perform such duties as shall be prescribed by the governing body for the preservation of the peace. Source: SL 1890, ch 37 , art XIII, § 1; RPolC 1903, § 1282; SL 1913, ch 119 , § 101; RC 1919, § 6301; SL 1923, ch 239 , § 1; SDC 1939, § 45.1133.

All policemen of any municipality shall possess the powers of constables. They may pursue and arrest any person fleeing from justice in any part of the state, and when performing the duties aforesaid may arrest and detain any person guilty of any breach of the peace or any violat…

Whenever any person is arrested for a violation of any municipal ordinance, which occurs in the presence of the arresting law enforcement officer, such officer may take the name and address of the person arrested and issue a complaint or otherwise notify him in writing to appear …

Every municipality shall have power to regulate the police of the municipality and pass and enforce all necessary police ordinances. Source: SL 1913, ch 119 , § 53, subdiv 56; RC 1919, § 6169 (34); SDC 1939, § 45.0201 (23).

The sheriff or any constable of the county or counties in which the municipality is situated may serve any process or make any arrest authorized to be made by any municipal officer. Source: SL 1890, ch 37 , art V, § 6; RPolC 1903, § 1233; SL 1913, ch 119 , § 57; RC 1919, § 6313; …

It is a Class 2 misdemeanor for any chief of police or other policeman receiving a salary for services to charge or receive any fee or compensation for the service of any process issued out of any court of this state in any criminal case. Source: SL 1911, ch 155 , § 3; RC 1919, §…

In any action prosecuted by the city attorney for the violation of any municipal ordinance, if unsuccessful, the municipality shall pay the costs. Source: SL 1907, ch 191 , § 25; SL 1909, ch 176 , § 12; SL 1915, ch 151 , § 1; RC 1919, § 6314; SDC 1939, § 45.1141; SL 1947, ch 203 …

The mayor in first or second class municipalities having a common council, and the governing body in all other municipalities may release any person imprisoned for violation of any ordinance or remit any fine or penalty for violation thereof, the reasons therefor being made a mat…

Every municipality shall have power to establish, maintain, and regulate a jail or, with the consent of the board of county commissioners, to use the county jail for the confinement of persons charged with or convicted of the violation of any ordinance. Source: SL 1903, ch 94 ; S…

Every first or second class municipality shall have power to establish, maintain, and regulate a city jail, house of correction, and workhouse for the confinement and reformation of disorderly persons, vagrants, tramps, and idle persons, and persons convicted of violating any ord…

Notwithstanding the provisions of §§ 26-6-14.1 and 26-6-14.2 , any municipality may provide for the regulation of family day care homes and may adopt standards of care including but not limited to the qualifications of personnel engaged in providing family day care homes; require…

Every municipality shall have power to provide for keeping and preserving the peace and quietness of the municipality, to prevent disorderly conduct, to prohibit public intoxication, and to prevent and suppress riots, affrays, noises, disturbances, and disorderly assemblies in an…

Every municipality shall have power to suppress bawdy or disorderly houses and houses of ill fame. Source: SL 1890, ch 37 , art V, § 1, subdiv 34; RPolC 1903, § 1229, subdiv 34; SL 1907, ch 94 ; SL 1913, ch 119 , § 53, subdiv 34; RC 1919, § 6169 (57); SDC 1939, § 45.0201 (28).

Any municipality may suppress gambling, gaming and gambling houses, lotteries and all fraudulent devices and practices used for obtaining money or property. Any municipality may enter any place where any such activity is practiced or allowed to be practiced, and seize and destroy…

Every municipality shall have power to engage in retailing alcoholic beverages as provided in Title 35. Source: SDC 1939, § 45.0201 (31); SL 1971, ch 65 , § 1.

Each municipality may prohibit or regulate the transaction of business in alcoholic beverages and the use and consumption of alcoholic beverages, establish the number of on- and off-sale licenses which may be issued and the fees to be charged for the licenses, and provide for rea…

Every municipality shall have power to prohibit the sale or exhibition of any obscene or immoral publication, print, film, picture, or illustration. Source: SL 1890, ch 37 , art V, § 1, subdiv 34; RPolC 1903, § 1229, subdiv 34; SL 1907, ch 94 ; SL 1913, ch 119 , § 53, subdiv 34; …

Every municipality shall have power to regulate openings in streets or alleys for laying of gas or water mains, sewers, tunnels, and drains, and the erecting of gas or electric lights. Source: SL 1890, ch 37 , art V, § 1, subdiv 13; RPolC 1903, § 1229, subdiv 13; SL 1913, ch 119 …

Every municipality shall have power to regulate the use of sidewalks, streets, alleys, wharves, parks, and public grounds, to provide for cleaning the same, to prevent and remove obstructions and encroachments upon the same, to prevent injury to the same, to regulate or prevent a…

Every municipality shall have power to regulate and prohibit the use of streets, sidewalks, and public grounds for signs, signposts, awnings, flying of flags or banners, posting of bills and advertisements, the exhibition or carrying of banners, placards, or advertisements, and t…

A municipality must allow a campaign sign to be placed on private property in a residential, business, commercial, or industrial zone adjacent to a transportation right-of-way by or with the permission of the property owner beginning no later than ten days prior to the day when a…

Every municipality shall have power to regulate traffic and sales upon the streets and sidewalks and in public places. Source: SL 1890, ch 37 , art V, § 1, subdiv 20; RPolC 1903, § 1229, subdiv 20; SL 1913, ch 119 , § 53, subdiv 20; RC 1919, § 6169 (52); SDC 1939, § 45.0201 (42).

Every municipality shall have power to require the owner of abutting property to remove snow and ice from sidewalks and weeds from parking, and to provide for their removal and for taxing the expense thereof by special assessment against the abutting property. Source: RPolC 1903,…

Except as otherwise provided, every municipality may regulate the use of motor vehicles, bicycles, house cars, house trailers, trailer coaches, traction engines, tractors, and road rollers. Source: SL 1917, ch 311 ; RC 1919, § 6169 (54); SL 1929, ch 197 ; SDC 1939, § 45.0201 (32)…

Every municipality shall have the power by ordinance or resolution to designate routes of travel on the public streets and highways within and through the municipality for commercial motor carriers, trucks, and buses and to require such motor vehicles to follow such designated ro…

Every municipality shall have power to regulate the speed of animals, vehicles, motor vehicles, cars, and locomotives. Source: SL 1890, ch 37 , art V, § 1, subdiv 21; RPolC 1903, § 1229, subdiv 21; SL 1913, ch 119 , § 53, subdiv 21; RC 1919, § 6169 (53); SDC 1939, § 45.0201 (41).

The law enforcement officers of every municipality shall assist state law enforcement officers in the apprehension and prosecution of persons suspected of violating the provisions of chapter 32-23 . Source: SL 1941, ch 192 ; SL 1955, ch 196 ; SDC Supp 1960, § 45.0201 (106); SL 19…

Every municipality shall have the power to acquire, operate, maintain, and regulate parking meters on the public streets and places and on parking lots and areas controlled by the municipality, to fix and collect regulatory parking fees for the parking of vehicles in parking mete…

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…