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Ex. DUT-SD-008 Standing duty Primary source read

SDCL ch. 9-32, Sanitation and Health Measures (§§ 9-32-1 to 9-32-4)

Municipal power for the promotion of health and the suppression of disease; city boards of health; inspection of food products and of persons employed in food service establishments and stores

South Dakota Legislature (codified statute conferring municipal powers) · South Dakota (every municipality) (State)

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The record

Jurisdiction
South Dakota (every municipality) · South Dakota
Level
State
Authority
S.D. Codified Laws title 9 (Municipal Government), ch. 9-32 (Sanitation and Health Measures)
Issued
2026-09-29 Sept. 29, 2026
Effective
standing (read as 2026-09-29)
End
standing
In force
Standing since Sept. 29, 2026 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureGathering capFace-covering requirementStanding duty
Addressees
  • specified businesses and persons within municipalities, as the ordinances provide; food service establishments and stores
Character
statutory authority
Collection
Standing duties: South Dakota DUT-SD

Operative words

Every municipality shall have power to do what may be necessary or expedient for the promotion of health or the suppression of disease.... Each first or second class municipality may appoint a board of health and prescribe its powers and duties subject to the supervision of the State Department of Health.

Penalty

Ordinance penalties up to the Class 2 misdemeanor ceiling (SDCL 9-19-3, 22-6-2(2); Ex. DUT-SD-009, DUT-SD-007); Sioux Falls Ord. 28-20 § 3 added liquor-license referral and daily offenses (Ex. SD-039)

What it required

Every South Dakota municipality holds a standing power 'to do what may be necessary or expedient for the promotion of health or the suppression of disease' (9-32-1), to constitute a board of health under the State Department's supervision (9-32-2) and to inspect food products and persons employed in food service establishments and stores (9-32-3, -4); this is the power under which Sioux Falls adopted its Board of Health regulations by Ordinance 28-20 (Ex. SD-039) and Rapid City and Brookings closed and then conditioned businesses by ordinance (Ex. SD-063, SD-064, SD-068, SD-070). Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

SDCL 9-29-13 (ch. 9-29, General Police Powers; not saved) adds: 'Every municipality shall have power to declare what shall constitute a nuisance and prevent, abate, and remove the same' (read in the official text on 2026-09-29).