CHAPTER 7-18A
ORDINANCES AND RESOLUTIONS
7-18A-1 Definition of terms.
7-18A-2 Authority to enact, amend, and repeal ordinances and resolutions--Penalties for violation.
7-18A-3 One subject in title.
7-18A-4 Ordaining clause.
7-18A-5 Reading, signing, filing, and publication required.
7-18A-6 Vote on ordinances--Entry in minutes.
7-18A-7 Passage of resolutions--Record of votes--Publication in minutes.
7-18A-8 Effective date of ordinances and resolutions--Exceptions.
7-18A-9 Initiated measures--Number of voters required.
7-18A-10 Nullification by initiated ordinance of emergency provisions prohibited--Time for initiated measure to nullify bond purposes.
7-18A-11 Initiative petition--Form and contents.
7-18A-12 Affidavit required of circulators of petition.
7-18A-13 Board action on initiative petition--Submission to voters.
7-18A-14 Majority vote required for approval of initiated measure--Effective date.
7-18A-15 Referendum petition--Number of signatures required--Emergency measures excepted.
7-18A-15.1 Legislative decision of board subject to referendum--Administrative decision not subject to referendum.
7-18A-16 Time of filing referendum petition--Submission to voters required.
7-18A-17 Description in petition of referred matters.
7-18A-18 Signature requirements for referendum petition--Verification.
7-18A-18.1 Certification regarding petition signatures by county auditor--Notice to petition sponsors.
7-18A-19 Special election on referendum petition--Submission at primary or general election.
7-18A-20 Publication of referred measure--Contents.
7-18A-21 Referendum ballot printing and distribution--Form and contents.
7-18A-22 Majority vote required to approve referred measure--Effective date.
7-18A-23 Preservation of referendum petitions--Public inspection.
7-18A-24 Waiting period before second vote on initiated or referred question.
7-18A-25 Ordinance book kept--Contents.
7-18A-25.1 Posting of ordinance book on county website.
7-18A-26 7-18A-26. Repealed by SL 2016, ch 44, § 51.
7-18A-27 Compilation of ordinances in book form--Publication.
7-18A-28 Revision committee appointed by board.
7-18A-29 Publication of notice of adoption of revision--Revised ordinance effective unless referendum invoked--Ordinances published in book form.
7-18A-30 Admissibility of ordinances and resolutions as evidence.
7-18A-31 Proof of compliance with procedural provisions not required unless controverted.
7-18A-32 Actions for violations as civil cases--County as plaintiff--Pleadings--Rules of conduct.
7-18A-33 Degree of proof when jail sentence authorized.
7-18A-34 Appeal to circuit court from magistrate court--Trial de novo and jury trial.
7-18A-35 Disposition of fines and penalties.
7-18A-36 Firearms regulation prohibited--Action by attorney general.
7-18A-37 Criminal background check of persons seeking employment with county.
7-18A-38 Guaranteed income program prohibited--Enforcement--Definition.
7-18A-1. Definition of terms.
Terms used in this chapter, unless the context plainly requires otherwise, shall mean:
(1) "Board," a board of county commissioners;
(2) "Ordinance," a permanent legislative act of a board of county commissioners passed within the limits of its powers;
(3) "Publish," publication in the official county newspapers;
(4) "Resolution," any determination, decision, or direction of a board of county commissioners of a special or temporary character, made for the purpose of initiating, effecting, or carrying out its administrative duties and functions.
Source: SL 1975, ch 82, § 1.
7-18A-2. Authority to enact, amend, and repeal ordinances and resolutions--Penalties for violation.
Each county may enact, amend, and repeal such ordinances and resolutions as may be proper and necessary to carry into effect the powers granted to it by law and provide for the enforcement of each violation of any ordinance by means of any or all of the following:
(1) A fine not to exceed the fine established by subdivision 22-6-2(2) for each violation, or by imprisonment for a period not to exceed thirty days for each violation, or by both the fine and imprisonment; or
(2) An action for civil injunctive relief, pursuant to chapter 21-8.
Source: SL 1975, ch 82, § 2; SL 1989, ch 67, § 1; SL 1991, ch 187, § 1; SL 2007, ch 39, § 1.
7-18A-3. One subject in title.
An ordinance shall embrace only one subject, which shall be expressed in its title.
Source: SL 1975, ch 82, § 5.
7-18A-4. Ordaining clause.
The style of all ordinances shall be as follows: "An ordinance ________ (inserting the title)" followed by: "Be it ordained by ________ county," followed by the substance of the ordinance.
Source: SL 1975, ch 82, § 6.
7-18A-5. Reading, signing, filing, and publication required.
The title of all ordinances shall be read twice with at least five days intervening between the first and second reading. Any ordinance shall be signed by the chairman of the board or the acting chairman, filed with the county auditor and published once. However, an ordinance incorporating and adopting comprehensive regulations or a code promulgated, approved, and published by a recognized and established national organization prescribing building, electrical, plumbing, safety, fire, or health regulations need not be published in a newspaper, but, upon adoption of such an ordinance, the auditor shall publish a notice of the fact of adoption once a week for two successive weeks.
Source: SL 1975, ch 82, § 7; SL 1989, ch 68; SL 2021, ch 38, § 1.
7-18A-6. Vote on ordinances--Entry in minutes.
The vote on all ordinances on the second reading shall be taken by yeas and nays and entered in the minutes of the meeting.
Source: SL 1975, ch 82, § 8.
7-18A-7. Passage of resolutions--Record of votes--Publication in minutes.
A resolution may be passed after one reading. It shall be recorded at length in the minutes of the meeting at which it is passed, with a statement of the number of votes for and against the same. It shall be published in full as part of the minutes of the board.
Source: SL 1975, ch 82, § 9.
7-18A-8. Effective date of ordinances and resolutions--Exceptions.
Except such resolutions or ordinances as may be necessary for the immediate preservation of the public peace, health, or safety, or support of the county government and its existing public institutions; which provide for an election or hearing on an improvement or assessment; or which call for bids which take effect upon the passage and publication thereof, every resolution or ordinance passed by a board shall take effect on the twentieth day after its completed publication unless suspended by operation of a referendum.
Source: SL 1975, ch 82, § 10.
7-18A-9. Initiated measures--Number of voters required.
The right to propose ordinances and resolutions for the government of a county shall rest with five percent of the registered voters in the county, based upon the total number of registered voters at the last preceding general election.
Source: SL 1975, ch 82, § 19; SL 1987, ch 67, § 6.
7-18A-10. Nullification by initiated ordinance of emergency provisions prohibited--Time for initiated measure to nullify bond purposes.
An initiated ordinance may not be proposed which would nullify such ordinances or resolutions as may be necessary for the immediate preservation of the public peace, health, or safety or for the support of any government or existing public institutions, or which would nullify the purpose for which bonds have been sold by a county pursuant to statutory authority, unless proposed within a period of thirty days after the first publication of the advertisement of the notice of sale of such bonds.
Source: SL 1975, ch 82, § 22.
7-18A-11. Initiative petition--Form and contents.
The right to propose an ordinance or resolution shall be exercised by filing with the auditor a petition in proper form containing the proposed ordinance or resolution, signed by the required number of qualified voters of the county. The signer or circulator of the petition shall add the signer's place of residence and the month and day of signing. The signer's post office box number may be given in lieu of a street address if the signer lives within a municipality of the second or third class.
Source: SL 1975, ch 82, § 20; SL 1985, ch 53; SL 1990, ch 104, § 2; SL 1992, ch 110, § 3; SL 2010, ch 74, § 4.
7-18A-12. Affidavit required of circulators of petition.
Each person who has circulated a petition shall, before filing the petition, sign an affidavit, under oath, verifying that he or she circulated the petition and that either the circulator or the signer added the signer's place of residence and date of signing. If multiple sheets of paper are necessary to obtain the required number of signatures, each sheet shall be self-contained and separately verified by the circulator.
Source: SL 1975, ch 82, § 21; SL 1989, ch 69; SL 2016, ch 44, § 48.
7-18A-13. Board action on initiative petition--Submission to voters.
If a petition to initiate is filed with the auditor, the auditor shall present it to the board of county commissioners at its next regular or special meeting. The board shall enact the proposed ordinance or resolution and shall submit it to a vote of the voters in the manner prescribed for a referendum within sixty days after the final enactment. However, if the petition is filed within three months prior to the primary or general election, the ordinance or resolution may be submitted at the primary or general election.
Source: SL 1975, ch 82, § 23; SL 1983, ch 47, § 1; SL 2016, ch 44, § 49.
7-18A-14. Majority vote required for approval of initiated measure--Effective date.
No initiated ordinance or resolution is effective unless approved by a majority of the votes cast for and against the ordinance or resolution. If approved, the ordinance or resolution takes effect upon the completion of the canvass of the election returns.
Source: SL 1975, ch 82, § 24; SL 2016, ch 44, § 50.
7-18A-15. Referendum petition--Number of signatures required--Emergency measures excepted.
Any ordinance or resolution adopted by a board of county commissioners may be referred to a vote of the qualified voters of the county by the filing of a petition signed by five percent of the registered voters in the county, based upon the total number of registered voters at the last preceding general election, except such ordinances and resolutions as may be necessary for the immediate preservation of the public peace, health, or safety, or for the support of the county government and its existing public institutions.
Source: SL 1975, ch 82, § 25; SL 1988, ch 63, § 3.
7-18A-15.1. Legislative decision of board subject to referendum--Administrative decision not subject to referendum.
Any legislative decision of a board of county commissioners is subject to the referendum process. A legislative decision is one that enacts a permanent law or lays down a rule of conduct or course of policy for the guidance of citizens or their officers. Any matter of a permanent or general character is a legislative decision.
No administrative decision of a governing body is subject to the referendum process, unless specifically authorized by this code. An administrative decision is one that merely puts into execution a plan already adopted by the governing body itself or by the Legislature. Supervision of a program is an administrative decision. Hiring, disciplining, and setting the salaries of employees are administrative decisions.
Source: SL 1986, ch 73, § 3.
7-18A-16. Time of filing referendum petition--Submission to voters required.
A petition to refer an ordinance or resolution subject to referendum may be filed with the auditor within twenty days after publication of the ordinance or resolution in the last to publish official county newspaper. The filing of the petition requires the submission of the ordinance or resolution to a vote of the qualified voters of the county for rejection or approval of the ordinance or resolution.
Source: SL 1975, ch 82, § 26; SL 2022, ch 20, § 1.
7-18A-17. Description in petition of referred matters.
If the matter intended to be covered by a referendum petition is the whole of any ordinance or resolution, the petition shall contain the title of such ordinance or the subject of such resolution, and the date of its passage, but if only a portion of such ordinance or resolution is intended to be covered by the petition, such portion shall be set out at length.
Source: SL 1975, ch 82, § 27.
7-18A-18. Signature requirements for referendum petition--Verification.
Voters signing a referendum petition shall comply with the requirements of § 7-18A-11, and it shall be verified in accordance with § 7-18A-12.
Source: SL 1975, ch 82, § 28.
7-18A-18.1. Certification regarding petition signatures by county auditor--Notice to petition sponsors.
If the validation process of a petition indicates that a sufficient number of qualified electors have signed the petition, the county auditor shall certify that the petition has been signed by the required number of qualified electors and shall place the proposed measure on the ballot pursuant to the provisions of this chapter. If the validation process of the petition indicates that an insufficient number of qualified electors have signed the petition, the county auditor shall certify that the petition has not been signed by the required number of qualified electors and may not place the proposed measure or amendment on a ballot pursuant to the provisions of this chapter. The county auditor shall, within five days of certifying, notify the petition sponsors by certified mail of the county auditor's action pursuant to this section.
Source: SL 2017, ch 12, § 4.
7-18A-19. Special election on referendum petition--Submission at primary or general election.
A special election shall be held within sixty days after the filing of a petition under § 7-18A-15. However, if the petition is filed within three months prior to a primary, general, or statewide special election, the ordinance or resolution may be submitted at the primary, general, or statewide special election.
Source: SL 1975, ch 82, § 29; SL 1983, ch 47, § 2; SL 2002, ch 40, § 1.
7-18A-20. Publication of referred measure--Contents.
The auditor shall have the entire referred ordinance or resolution published once a week for two successive weeks immediately preceding the election.
Such publication shall include a notice stating the day of election on which the ordinance or resolution will be submitted to the voters. If only a portion thereof is covered by the petition, the notice will state what portion will be submitted.
Source: SL 1975, ch 82, § 30.
7-18A-21. Referendum ballot printing and distribution--Form and contents.
The auditor shall have ballots printed for the vote upon the referred ordinance or resolution and have them distributed as other official ballots are distributed.
Such ballots shall conform as near as may be to the law governing the submission of questions by the Legislature, except that the statement required to be printed on the ballots shall be prepared by the state's attorney.
All questions to be voted upon at the same election may be submitted upon the same ballot.
Source: SL 1975, ch 82, § 31.
7-18A-22. Majority vote required to approve referred measure--Effective date.
No referred ordinance or resolution shall become operative unless approved by a majority of the votes cast for and against the same. If approved, it shall take effect upon completion of the canvass of the election returns relating thereto.
Source: SL 1975, ch 82, § 32.
7-18A-23. Preservation of referendum petitions--Public inspection.
The auditor shall preserve all petitions invoking the referendum for at least two years. The petitions shall be open to public inspection upon reasonable request.
Source: SL 1975, ch 82, § 33.
7-18A-24. Waiting period before second vote on initiated or referred question.
No question contained in a referred or initiated ordinance or resolution may be voted upon again within one year from the date of the election thereon.
Source: SL 1975, ch 82, § 34.
7-18A-25. Ordinance book kept--Contents.
After an ordinance takes effect, the auditor shall record it with a certificate of the date of its publication in a book to be known as the "Ordinance Book" and shall file the affidavit of publication with the original ordinance.
Source: SL 1975, ch 82, § 11.
7-18A-25.1. Posting of ordinance book on county website.
If a county posts the ordinance book or any part of the book on the county's official website, the county shall ensure the most current version of the ordinance book or any part of the book is posted.
Source: SL 2019, ch 50, § 1.
7-18A-27. Compilation of ordinances in book form--Publication.
Every county shall have power to compile its ordinances without revision or amendment, not more often than once in five years, for publication in book form. The compilation shall be effective without the publication required for ordinances.
Source: SL 1975, ch 82, § 12.
7-18A-28. Revision committee appointed by board.
Each board, not more often than once every five years, may appoint a committee of one or more competent persons to prepare and submit for its consideration an ordinance which revises the ordinances of the county.
Source: SL 1975, ch 82, § 14.
7-18A-29. Publication of notice of adoption of revision--Revised ordinance effective unless referendum invoked--Ordinances published in book form.
Upon the adoption of an ordinance in revision by the board, the auditor shall publish a notice, once each week for two successive weeks, that an ordinance in revision was adopted. Twenty days after the completed publication of the notice, unless the referendum shall have been invoked, such ordinance shall become effective without publication in a newspaper. The board shall publish the revised ordinances in book form.
Source: SL 1975, ch 82, § 15.
7-18A-30. Admissibility of ordinances and resolutions as evidence.
An original ordinance or resolution, the record in the ordinance book or a certified copy thereof, or any compilation or revision of ordinances purporting to be printed under the authority of a board are admissible in evidence without further proof.
Source: SL 1975, ch 82, § 16.
7-18A-31. Proof of compliance with procedural provisions not required unless controverted.
In any action or proceeding instituted pursuant to an ordinance or resolution passed pursuant to this chapter, it shall not be required to show compliance with the provisions of this chapter as to the passage or publication of any ordinance or resolution unless the same be controverted under oath.
Source: SL 1975, ch 82, § 17.
7-18A-32. Actions for violations as civil cases--County as plaintiff--Pleadings--Rules of conduct.
Actions for violations of county ordinances shall be civil cases and the county shall be the plaintiff. The actions shall be commenced by the filing of a complaint and the response thereto shall be by oral plea or written answer. Conduct for the trials of violation of county ordinances and resolutions shall be governed by the procedure used in all proceedings for violations of ordinances and bylaws of units of local government of this state as referred to in § 23A-1-1. If the procedure does not cover or apply to a specific portion of the proceeding, the rules of civil procedure apply.
Source: SL 1975, ch 82, § 2; SL 1989, ch 67, § 2.
7-18A-33. Degree of proof when jail sentence authorized.
In the prosecution for the violation of any county ordinance which authorizes a penalty of a jail sentence, the county shall prove the defendant guilty of the violation of the ordinance beyond a reasonable doubt.
Source: SL 1975, ch 82, § 3.
7-18A-34. Appeal to circuit court from magistrate court--Trial de novo and jury trial.
In any action or proceeding brought in magistrate court for the violation of an ordinance or resolution passed pursuant to this chapter, the defendant shall have the right to appeal the verdict to the circuit court and the right to a trial de novo and a jury trial in the circuit court.
Source: SL 1975, ch 82, § 18.
7-18A-35. Disposition of fines and penalties.
All fines, penalties, and forfeitures collected for violations of a county ordinance, resolution, or charter shall be distributed in accordance with § 16-2-34.
Source: SL 1975, ch 82, § 4; SL 1984, ch 12, § 7.
7-18A-36. Firearms regulation prohibited--Action by attorney general.
No county may pass an ordinance that restricts or prohibits, or imposes any tax, 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 attorney general shall send a cease and desist order to any county that passes or enforces an ordinance in violation of this section. If the county fails to comply with the order, the attorney general shall bring an action in the name of the state for injunctive relief against any county that has passed an ordinance in violation of this section. A court shall grant any person charged with a violation of an ordinance prohibited under this section reasonable costs, expenses, and attorney's fees. This section does not apply to any generally applicable zoning ordinance, building regulation, or fire code so long as the ordinance, regulation, or code is not used to circumvent the prohibition under this section.
Source: SL 1983, ch 38, § 2; SL 2019, ch 51, § 1.
7-18A-37. Criminal background check of persons seeking employment with county.
Any county may, by ordinance, require any person over eighteen years of age seeking employment with the county to submit to a state and federal criminal background investigation by means of fingerprint checks by the South Dakota Division of Criminal Investigation and the Federal Bureau of Investigation. The ordinance shall specify which occupations or positions require a criminal background check. The county may submit completed fingerprint cards to the Division of Criminal Investigation before the prospective new employee enters into service. Upon completion of the state and federal criminal background check, the Division of Criminal Investigation shall forward to the county all information obtained as a result of the check. Failure to submit or cooperate with the criminal background investigation is grounds for denial of employment.
Source: SL 2010, ch 38, § 1.
7-18A-38. Guaranteed income program prohibited--Enforcement--Definition.
A county may not adopt, enforce, or maintain an ordinance, order, or rule for the purpose of making payments to an individual under a guaranteed income program. If a county fails to comply with the order, the attorney general must bring an action in the name of the state for injunctive relief against a county that has adopted an ordinance, order, rule, or program in violation of this section.
For the purposes of this section, the term "guaranteed income program" means a plan funded or administered by the government under which an individual is provided with regular, unconditional cash payments to be used for any purpose by the individual. The term does not include a program under which an individual is required to seek reemployment as a condition of any payments, perform work, or attend training.
Source: SL 2024, ch 27, § 1.
