Title 9 — MUNICIPAL GOVERNMENT

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…

Source: SL 1915, ch 260 , § 49; RC 1919, § 6493; SDC 1939, § 45.2527; SL 2021, ch 43 , § 3. 9-38-51 to 9-38-53. Repealed by SL 2012, ch 57 , §§ 74 to 76.

The board is authorized to take from the hydrants and water pipes of the municipality, and to make sewer connections, under such reasonable rules and regulations as may be prescribed by ordinance or by the water or sewer department, all water and sewer needs which may be required…

No action shall lie against the 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 board while engaged in the improvement, mai…

No railway shall be built into, through, or over any park, parkway, or boulevard without the consent of the governing body evidenced by ordinance passed upon recommendation of the board. Source: SL 1915, ch 260 , § 61; RC 1919, § 6504; SDC 1939, § 45.2523.

No telegraph, telephone, or electric light wires, or other wires or posts or supports thereof shall be erected or placed in, upon, through, or over any park without the consent of the board, and the board shall have power to designate the place or places for and manner of erectin…

Whenever any street not under the control of the board upon which any park land under the control of such board fronts or abuts shall be improved or repaired, or when any drain or sewer shall be built in the sewer district in which any park land under the control of such board is…

Repealed by SL 2012, ch 57 , § 73.

A municipality may establish, maintain, and operate golf courses, tennis courts, ball grounds, and other athletic amusements, and necessary facilities in connection therewith, as a part of its park system, and charge fees for the use thereof. All fees received under this section …

Any municipality shall have power to construct, equip, provide, maintain, operate, and regulate swimming pools and necessary buildings in connection therewith on lands of or in parks of such municipality. Whenever it is proposed to exercise such power, the governing body by resol…

A municipality may issue revenue bonds to provide funds for the purpose of acquiring, constructing, and operating municipally owned swimming pools or for the purpose of refunding outstanding revenue bonds issued under the provisions of §§ 9-38-61 to 9-38-75 , inclusive. Source: S…

Bonds shall be authorized, issued, and sold as provided in chapter 6-8B . Source: SL 1957, ch 258 , § 1; SDC Supp 1960, § 45.24D01; SL 1984, ch 43 , § 73. 9-38-63. Repealed by SL 1984, ch 43 , § 131.

9-38-64 Revenue from which swimming pool bonds payable--Lien on revenues--Municipal credit and taxing powers not pledged. 9-38-65 Covenant and agreements with holders of swimming pool revenue bonds--Application of revenues--Remedies of bondholders. 9-38-66 References in revenue b…

Such revenue bonds shall be payable solely from and shall constitute a lien upon the gross revenues derived from and traceable to properties acquired by the expenditure of the proceeds of revenue bonds, or of bonds refunded thereby, as fixed and determined by the governing body i…

By the resolution or ordinance authorizing revenue bonds, the governing body may make and enter into on the part of the municipality covenants and agreements with the purchasers and holders thereof from time to time concerning minimum rentals and charges, continuance of ownership…

Bonds issued pursuant to §§ 9-38-61 to 9-38-75 , inclusive, may refer to the authorizing resolution or resolutions for matters not expressed in the bonds, but they shall be negotiable investment securities within the meaning of chapter 57A-8 notwithstanding any conditions express…

Prior to delivery of any such bonds, the governing body shall by said resolutions create a special fund and appropriate and pledge thereto all gross receipts in respect of rentals, fees, licenses, and other charges however designated, imposed by the municipality for the use or oc…