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.
Structure South Dakota Codified Laws
Title 9 - Municipal Government
Chapter 19 - Ordinances And Resolutions
Section 9-19-1 - Definition of terms.
Section 9-19-2 - Continuation in force of prior ordinances and resolutions.
Section 9-19-5 - One subject expressed in title of ordinance.
Section 9-19-6 - Style of ordinance.
Section 9-19-7 - Reading, passage, and publication of ordinances--Codes incorporated by reference.
Section 9-19-7.1 - Notice requirements for substantial amendment at second reading.
Section 9-19-8 - Passage, recording, and publication of resolutions.
Section 9-19-9 - Recording of votes on ordinances.
Section 9-19-10 - Veto power of mayor under aldermanic form--Items in appropriation ordinances.
Section 9-19-11 - Reconsideration of vetoed item--Vote required to override veto.
Section 9-19-12 - Ordinance becoming law without mayor's signature.
Section 9-19-13 - Effective date of resolutions and ordinances.
Section 9-19-14 - Recording of ordinance in ordinance book.
Section 9-19-14.1 - Posting of ordinance book on municipal website.
Section 9-19-15 - Compilation of ordinances--Free copies.
Section 9-19-16 - Revision of ordinances--Committee to prepare revision.
Section 9-19-18 - Evidence of ordinances and resolutions.
Section 9-19-19 - Ordinances and resolutions presumed valid unless controverted.
Section 9-19-20 - Firearms regulation prohibited--Action by attorney general.