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Ex. DUT-SD-009 Standing duty Primary source read

SDCL 9-19-3 and 9-19-3.1, Authority to enact ordinances, seek injunctive relief and establish penalties; criminal procedure for ordinance violations

Municipal authority to establish penalties for ordinance violations, not exceeding the Class 2 misdemeanor penalties of 22-6-2(2), and to seek injunctive relief

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, ch. 9-19 (Ordinances and Resolutions)
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
Standing duty
Addressees
  • persons generally and specified businesses within the municipality, as each ordinance provides
Character
order penalty
Collection
Standing duties: South Dakota DUT-SD

Operative words

The municipality may seek injunctive relief and establish penalties for violations of ordinances and resolutions, not exceeding those specified in subdivision 22-6-2(2).... In a prosecution for the violation of any municipal ordinance or resolution that authorizes a criminal penalty, the proceedings are governed by the procedures set forth in title 23A.

Penalty

Up to thirty days in county jail or $500 fine, or both, per violation (22-6-2(2), Ex. DUT-SD-007); each day a separate offense under the city ordinances (Ex. SD-039, SD-063, SD-068)

What it required

Municipal ordinances, including the Sioux Falls, Rapid City and Brookings COVID-19 closure, capacity, spacing and employee-mask ordinances (Ex. SD-039, SD-063, SD-064, SD-068, SD-070, SD-092), carry criminal penalties up to thirty days and $500 per violation, prosecuted under the criminal code, with injunctive relief available to the city.

Retrieval note

Grade is verified_primary for the current text; Rapid City Municipal Code § 1.12.010; Brookings Municipal Code § 1.08) as the State file records them.