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Home » US Law » 2022 South Dakota Codified Laws » Title 9 - Municipal Government » Chapter 35 - Carrier And Utility Franchises And Regulation

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 9-35-10 – Steam, heat, and refrigeration systems–Bond issues.

9-35-10. Steam, heat, and refrigeration systems–Bond issues. Every first or second class municipality shall have power to establish, maintain, and operate, and to regulate the construction or operation of conduits of railroads, or other means of transit or transportation, and of plants and equipment for the production or transmission of steam, heat, or refrigeration, and […]

Section 9-35-11 – Buses and taxis–Intercity service.

9-35-11. Buses and taxis–Intercity service. The governing body of each municipality in this state is empowered and vested with exclusive jurisdiction to license, regulate, prescribe just and reasonable rates and charges, fix the routes of travel and the speed and point for stops, of all motor carriers of passengers, operators of taxicabs and motor buses […]

Section 9-35-12 – Municipal bus or transit service authorized–Territory serviced.

9-35-12. Municipal bus or transit service authorized–Territory serviced. A municipality may, by vote of its voters as provided in §§9-35-13 and 9-35-14, provide bus or transit service within the municipality or a zone adjacent thereto, enter into agreements with other persons for such services, and appropriate funds for such purposes. Source: SL 1970, ch 65, […]

Section 9-35-13 – Petition for bus or transit service.

9-35-13. Petition for bus or transit service. Fifteen percent of the registered voters, based upon the total number of registered voters at the last preceding general election may petition for a special election as to the exercise of any of the powers referred to in §9-35-12. Source: SL 1970, ch 65, §2; SL 1988, ch […]

Section 9-35-15 – Air pollution abatement in operation of municipal bus service.

9-35-15. Air pollution abatement in operation of municipal bus service. Municipalities providing bus or transit service under the provisions of §§9-35-12 to 9-35-14, inclusive, shall take all reasonable measures to abate and prevent air pollution caused by the operation of such bus or transit service. Source: SL 1970, ch 65, §4.

Section 9-35-16 – "Community antenna television system" defined.

9-35-16.”Community antenna television system” defined. “Community antenna television system,” hereinafter referred to as “CATV system” or “system” means a system of coaxial cables or other electrical conductors and equipment used or to be used primarily to receive television or radio signals directly or indirectly off-the-air and transmit them to subscribers for a fee. Source: SL […]

Section 9-35-18 – Regulation of CATV systems by ordinance.

9-35-18. Regulation of CATV systems by ordinance. Notwithstanding the provisions of §9-35-3, all municipalities shall have exclusive jurisdiction by ordinance to regulate, prohibit, and consent to the construction, installation, operation, and maintenance of CATV systems within their corporate limits. Source: SL 1972, ch 52, §3.

Section 9-35-19 – Service requirement for CATV systems–Performance bonds–Expiration dates.

9-35-19. Service requirement for CATV systems–Performance bonds–Expiration dates. All municipalities may require every person offering a CATV system to furnish any person applying therefor along lines of its wires, cables, or other conduits, with such service and may require performance bonds or expiration dates contingent upon construction or commencement of operations. Source: SL 1972, ch […]

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 9-35-21 – Map of underground equipment of CATV system.

9-35-21. Map of underground equipment of CATV system. Municipalities may require the filing with the municipality by the person constructing, installing, operating, or maintaining a CATV system of a proper map showing the exact location of all underground cables and equipment, together with a statement showing the exact nature of the same. Source: SL 1972, […]

Section 9-35-22 – Occupational tax against CATV system.

9-35-22. Occupational tax against CATV system. Municipalities may, by appropriate ordinance, levy an annual occupational tax against any person now maintaining and operating any CATV system within its boundaries; and may levy an annual occupation tax against any person hereafter constructing, installing, operating, or maintaining a CATV system. Source: SL 1972, ch 52, §5.

Section 9-35-24 – Construction, maintenance, and lease of CATV system by municipality.

9-35-24. Construction, maintenance, and lease of CATV system by municipality. All municipalities which have never granted a franchise for cable television prior to July 1, 1988, may construct, maintain, and lease to others for operations community antenna television systems as defined in §9-35-16; may issue revenue bonds pursuant to the provisions of chapter 9-40 for […]

Section 9-35-25 – Definitions.

9-35-25. Definitions. Terms used in §§9-35-25 to 9-35-27, inclusive, mean: (1)”Cable operator,” any person who provides cable service over a cable system; (2)”Cable service,” the one-way transmission to subscribers of video programming or other programming service and the subscriber interaction, if any, which is required for the selection or use of such video programming or […]

Section 9-35-27 – Grant of additional franchises to other cable operators–Terms.

9-35-27. Grant of additional franchises to other cable operators–Terms. A franchising authority may grant one or more additional franchises to other cable operators under terms that are not substantially more favorable than that which the cable operator designated by §9-35-26 is required to meet. The terms that may not be substantially more favorable are with […]