9-19-1. Definition of terms. 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 municipality of a […]
9-19-10. Veto power of mayor under aldermanic form–Items in appropriation ordinances. The mayor in any municipality with a common council may veto any ordinance or resolution by filing a written objection with the finance officer within ten days after its passage. The veto may extend to any one or more items contained in an ordinance […]
9-19-11. Reconsideration of vetoed item–Vote required to override veto. If the mayor vetoes any ordinance, resolution, or other item pursuant to §9-19-10 the finance officer shall present the ordinance, resolution, or other item with the mayor’s written objection at the next meeting of the council and it may be reconsidered. If the ordinance or resolution […]
9-19-12. Ordinance becoming law without mayor’s signature. If the mayor fails to sign any ordinance or resolution or file written objections thereto within ten days after its passage, the ordinance or resolution shall be published and become a law without the mayor’s signature. Source: SDC 1939, §45.1004; SL 2001, ch 45, §3.
9-19-13. Effective date of resolutions and ordinances. Except such resolutions or ordinances as may be necessary for the immediate preservation of the public peace, health, or safety, or support of the municipal government and its existing public institutions, or which provide for an election or for hearing on an improvement or assessment or which call […]
9-19-14. Recording of ordinance in ordinance book. After an ordinance takes effect, the auditor or clerk shall record the same together with 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, […]
9-19-14.1. Posting of ordinance book on municipal website. If a municipality posts the ordinance book or any part of the book on the municipality’s official website, the municipality shall ensure the most current version of the ordinance book or any part of the book is posted. Source: SL 2019, ch 50, §2.
9-19-15. Compilation of ordinances–Free copies. 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 circuit clerk of court and the county law […]
9-19-16. Revision of ordinances–Committee to prepare revision. 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 revision of […]
9-19-17. Notice of adoption of ordinance in revision–Effective date–Publication in book form. 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 […]
9-19-18. Evidence of ordinances and resolutions. 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, §1094; SL 1890, ch 37, […]
9-19-19. Ordinances and resolutions presumed valid unless controverted. 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, […]
9-19-2. Continuation in force of prior ordinances and resolutions. 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; […]
9-19-20. Firearms regulation prohibited–Action by attorney general. 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 ordinance prohibited by this section is null and void. The […]
9-19-21. Municipality implementation of pretreatment program–Fines for violations by industrial users. 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 the […]
9-19-3. Authority to enact, amend, and repeal ordinances and resolutions–Penalties for violation. 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 […]
9-19-3.1. Degree of proof required when jail sentence authorized–Pleadings–Jury trial–Application of civil rules. 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 […]
9-19-5. One subject expressed in title of ordinance. An ordinance must embrace but one subject which shall be expressed in its title. Source: RC 1919, §6242; SDC 1939, §45.1001.
9-19-6. Style of ordinance. 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, §16; RPolC 1903, §1213; SL […]
9-19-7. Reading, passage, and publication of ordinances–Codes incorporated by reference. The title of all ordinances shall be read twice with at least five days intervening between the first and second reading. The ordinance shall be signed by the mayor or acting mayor or president of the Board of Trustees, filed with the auditor or clerk, […]
