US Lawyer Database

Section 9-35-1 – Street lighting–Utility poles, pipes, and other facilities in public places–Rate regulation–Municipally owned utilities.

9-35-1. Street lighting–Utility poles, pipes, and other facilities in public places–Rate regulation–Municipally owned utilities. Every municipality may regulate and provide for the lighting of streets, laying of gas or water pipes, and erection of lampposts, electric towers, and apparatus in connection therewith; to fix and determine the charges for telephone and telephone service connections subject […]

Section 9-35-2 – Street railway tracks in first or second class municipalities–Duration of franchise–Municipality’s option to purchase.

9-35-2. Street railway tracks in first or second class municipalities–Duration of franchise–Municipality’s option to purchase. Every first or second class municipality shall have power to permit, regulate, or prohibit the constructing or laying of tracks of any street railway in any street, alley, or public place; but such permission shall not be for a longer […]

Section 9-35-3 – Grant of franchise subject to approval by voters–Exception.

9-35-3. Grant of franchise subject to approval by voters–Exception. The governing body may not grant a franchise to any public utility authorizing it to occupy any of the streets, alleys, or public places of the municipality without submitting the proposition of issuing such franchise to a vote of the voters thereof at a general or […]

Section 9-35-4 – Adoption of franchise ordinance–Publication and notice of election.

9-35-4. Adoption of franchise ordinance–Publication and notice of election. Before submitting such proposition the governing body shall first approve the proposed franchise by an ordinance duly adopted and published incorporating the proposed franchise in full and providing for submission of such proposition at an election to be held not sooner than thirty days after the […]

Section 9-35-5 – Majority vote of voters required for franchise.

9-35-5. Majority vote of voters required for franchise. No such franchise or franchise ordinance shall be effective, except as otherwise specifically provided, unless the proposal to grant the same be approved at such election by a majority vote of the voters of such municipality voting thereon. Source: SL 1913, ch 119, §53, subdiv 78; SL […]

Section 9-35-6 – Maximum duration of franchise.

9-35-6. Maximum duration of franchise. Unless otherwise specifically provided, no franchise shall be granted for a longer period than twenty years. Source: SL 1890, ch 37, art V, §1, subdiv 24; RPolC 1903, §1229, subdiv 24; SL 1903, ch 221; SL 1907, ch 92, §1; SL 1913, ch 119, §53, subdiv 24; SL 1913, ch […]

Section 9-35-7 – Extension of streets, alleys, sewers, and waterworks through railroad property–Restoration of railroad property.

9-35-7. Extension of streets, alleys, sewers, and waterworks through railroad property–Restoration of railroad property. Every municipality shall have power to extend any street, alley, or highway over, under, or across, or to construct any sewer, water pipe, or main under or through any railroad track, right-of-way, or land of any railroad company within the corporate […]

Section 9-35-8 – Maintenance of railroad crossings and drainage works.

9-35-8. Maintenance of railroad crossings and drainage works. Every municipality shall have power to require railroad companies to make, keep open, and repair their crossings of streets and public roads, and to require them to make, keep open, and repair ditches, drains, sewers, and culverts along and under their tracks, so that drainage of adjacent […]

Section 9-34-15 – Public dances–Skating rinks.

9-34-15. Public dances–Skating rinks. Every municipality shall have power to license, tax, regulate, or prohibit public dances or public dance halls and skating rinks. Source: SL 1909, ch 31; RC 1919, §6169 (60); SL 1921, ch 308; SDC 1939, §45.0201 (71).

Section 9-34-16 – Mind readers and fortunetellers.

9-34-16. Mind readers and fortunetellers. Every municipality shall have power to license, tax, regulate, or prohibit palmists, clairvoyants, phrenologists, mind readers, fortunetellers, and fakirs. Source: SL 1909, ch 31; RC 1919, §6169 (61); SDC 1939, §45.0201 (70).