CHAPTER 9-19
ORDINANCES AND RESOLUTIONS
9-19-1 Definition of terms.
9-19-2 Continuation in force of prior ordinances and resolutions.
9-19-3 Authority to enact, amend, and repeal ordinances and resolutions--Penalties for violation.
9-19-3.1 Degree of proof required when jail sentence authorized--Pleadings--Jury trial--Application of civil rules.
9-19-4 9-19-4. Repealed by SL 1973, ch 130, § 14.
9-19-5 One subject expressed in title of ordinance.
9-19-6 Style of ordinance.
9-19-7 Reading, passage, and publication of ordinances--Codes incorporated by reference.
9-19-7.1 Notice requirements for substantial amendment at second reading.
9-19-8 Passage, recording, and publication of resolutions.
9-19-9 Recording of votes on ordinances.
9-19-10 Veto power of mayor under aldermanic form--Items in appropriation ordinances.
9-19-11 Reconsideration of vetoed item--Vote required to override veto.
9-19-12 Ordinance becoming law without mayor's signature.
9-19-13 Effective date of resolutions and ordinances.
9-19-14 Recording of ordinance in ordinance book.
9-19-14.1 Posting of ordinance book on municipal website.
9-19-15 Compilation of ordinances--Free copies.
9-19-16 Revision of ordinances--Committee to prepare revision.
9-19-17 Notice of adoption of ordinance in revision--Effective date--Publication in book form.
9-19-18 Evidence of ordinances and resolutions.
9-19-19 Ordinances and resolutions presumed valid unless controverted.
9-19-20 Firearms regulation prohibited--Action by attorney general.
9-19-21 Municipality implementation of pretreatment program--Fines for violations by industrial users.
9-19-22 Guaranteed income program prohibited--Enforcement--Definition.
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 special or temporary character for the purpose of initiating, effecting, or carrying out its administrative duties and functions under the laws and ordinances governing the municipality.
Source: SL 1913, ch 119, § 38; RC 1919, §§ 6242, 6250; SDC 1939, §§ 45.1001, 45.1008.
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; RC 1919, § 6157; SDC 1939, § 45.0109.
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 to exceed the fine established by subdivision 22-6-2(2), by imprisonment not exceeding thirty days, or by both the fine and imprisonment.
Source: SL 1890, ch 37, art V, § 1, subdiv 79; SL 1890, ch 37, art XXII, § 1; RPolC 1903, § 1229, subdiv 81; RPolC 1903, § 1380; RPolC 1903, § 1438, subdiv 19; SL 1903, ch 90; SL 1913, ch 119, § 53, subdiv 78; RC 1919, § 6169 (81); SL 1923, ch 238; SDC 1939, § 45.0201 (19); SL 1991, ch 187, § 2; SL 2007, ch 39, § 2
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 naming the first or second class municipality as plaintiff, and the response thereto shall be by either oral plea or written answer. The defendant shall be entitled, by making demand therefor at any time before the commencement of trial, to trial by jury in the event the defendant is subject to any jail sentence. Except as provided in this section the proceedings shall be governed by the rules of civil procedure.
Source: SL 1975, ch 96, § 1; SL 1992, ch 60, § 2.
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 1913, ch 119, § 36; RC 1919, § 6243; SDC 1939, § 45.1002.
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, and published once except that 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 or clerk shall publish a notice of the fact of adoption once a week for two successive weeks in the official newspaper, and twenty days after the completed publication of such notice, unless the referendum shall have been invoked, such ordinance shall become effective.
Source: SL 1890, ch 37, art IV, § 16; RPolC 1903, § 1213; SL 1913, ch 119, § 35; RC 1919, § 6244; SDC 1939, § 45.1003; SL 1947, ch 197; SL 1972, ch 49; SL 1982, ch 73; SL 2021, ch 38, § 2.
9-19-7.1. Notice requirements for substantial amendment at second reading.
If any amendment presented and approved by the governing body at the second reading of an ordinance substantially alters the substance of the ordinance from the first reading, the proposed ordinance as amended may not be considered for final adoption until at least five days after a duly noticed public meeting of the governing body pursuant to chapter 1-25.
Source: SL 2016, ch 51, § 1.
9-19-8. Passage, recording, and publication of resolutions.
Any resolution may be passed after one reading and 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 it. Such resolution shall be published in full either as part of the minutes or separately.
Source: RC 1919, § 6251; SL 1921, ch 315; SDC 1939, § 45.1009; SL 1987, ch 77.
9-19-9. Recording of votes on ordinances.
The vote upon all ordinances upon the second reading and to pass the same over any veto shall be taken by yeas and nays and entered upon the minutes of the meeting.
Source: SL 1890, ch 37, art IV, § 16; RPolC 1903, § 1213; RC 1919, § 6245; SDC 1939, § 45.1004.
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 or resolution making an appropriation or to the entire ordinance or resolution. If the veto only extends to a part of such ordinance or resolution, the remainder shall take effect.
Source: SDC 1939, § 45.1004; SL 2001, ch 45, § 1.
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 is passed by a two-thirds vote of the aldermen, it shall be published and become effective notwithstanding the mayor's disapproval.
Source: SDC 1939, § 45.1004; SL 2001, ch 45, § 2; SL 2017, ch 56, § 11.
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 for bids, which take effect upon the passage and publication thereof, every resolution or ordinance passed by the governing body shall take effect on the twentieth day after its publication unless suspended by operation of a referendum.
Source: SL 1899, ch 94, § 1; RPolC 1903, §§ 1213, 1214; SL 1913, ch 119, § 38; RC 1919, §§ 6246, 6252, 6253; SDC 1939, § 45.1010; SL 1957, ch 244.
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, art IV, § 16; RPolC 1903, § 1213; RC 1919, § 6247; SDC 1939, § 45.1005.
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 library of each county in which the municipality is situated.
Source: SDC 1939, § 45.0201 (20); SL 1984, ch 57, § 1; SL 1997, ch 49, § 1.
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 the ordinances of the municipality.
Source: SL 1890, ch 37, art III, § 13; RPolC 1903, § 1194; SL 1913, ch 119, § 37; RC 1919, § 6249; SL 1925, ch 247; SDC 1939, §§ 45.0201 (21), 45.1007.
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 of the notice, unless the referendum is invoked, the ordinance shall become effective without publication in a newspaper.
The governing body may publish the revised ordinances in book form. The auditor or clerk shall furnish a free copy of the book or the revised ordinances to the circuit clerk of court and the county law library of each county in which the municipality is situated.
Source: SL 1913, ch 119, § 37; RC 1919, § 6249; SL 1925, ch 247; SDC 1939, § 45.1007; SL 1982, ch 60, § 4; SL 1984, ch 57, § 2; SL 1991, ch 24, § 4.
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, art IV, § 16; RPolC 1903, §§ 1213, 1470; RC 1919, § 6247; SDC 1939, § 45.0113.
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, § 53; CL 1887, § 1078; RPolC 1903, § 1467; RC 1919, § 6159; SDC 1939, § 45.0111.
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 attorney general shall send a cease and desist order to any municipality that passes or enforces an ordinance in violation of this section. If the municipality fails to comply with the order, the attorney general shall bring an action in the name of the state for injunctive relief against any municipality 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, § 1; SL 2019, ch 51, § 3.
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 punishment of each pretreatment violation by industrial users pursuant to § 34A-2-15 with a civil penalty of up to one thousand dollars per day for each violation.
Source: SL 1992, ch 254, § 89.
9-19-22. Guaranteed income program prohibited--Enforcement--Definition.
A municipality 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 municipality fails to comply with the order, the attorney general must bring an action in the name of the state for injunctive relief against a municipality 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, § 3.
