9-38-1. Municipal authority to maintain facilities and issue bonds--Limitations on campgrounds and tourist accommodations.
Each municipality may establish, improve, maintain, and regulate public parks, public squares, parkways, boulevards, swimming pools, camping, and other related facilities within or without the municipality, and to issue its bonds therefor, as provided by this title. A municipality may establish camping or tourist accommodation facilities if there is no existing private campground, inspected and approved by the Department of Health, located within fifteen miles of the municipality. However, a municipality may construct or expand camping or tourist accommodation facilities if there is an existing private campground within fifteen miles of the municipality if the owner of the existing campground approves the construction or expansion in writing. Camping and tourist accommodation facilities established before July 1, 1970, are deemed to have been established under the then existing authority to establish public parks, and municipalities may continue to maintain and regulate the facilities. The requirements of this section for the construction or expansion of a facility near an existing private campground do not apply to a municipality that leases camping and tourist accommodation facilities from the state which were in existence prior to January 1, 2017.
Source: SL 1890, ch 37, art V, §1, subdiv 7, 44; RPolC 1903, §1229, subdiv 7, 44; SL 1913, ch 119, §53, subdiv 7, 44; RC 1919, §6169 (10); SDC 1939, §45.0201 (98); SL 1970, ch 63, §1; SL 1971, ch 66; SL 1990, ch 64; SL 2017, ch 59, §1.
Structure South Dakota Codified Laws
Title 9 - Municipal Government
Chapter 38 - Municipal Parks And Recreational Facilities
Section 9-38-2 - Municipal power to preserve trees and inclose public ground.
Section 9-38-3 - Agreements with and grants from federal agency.
Section 9-38-4 - Bonding power for park improvements.
Section 9-38-5 - Libraries, museums, and art galleries in parks.
Section 9-38-6 - Athletic facilities in parks--Fee for use--Special park fund.
Section 9-38-7 - Governing body to control parks unless board created.
Section 9-38-9 - Abolition of board in city-manager city.
Section 9-38-11 - Boards of park supervisors continued as park boards.
Section 9-38-13 - Bonds of park board members--Payment of premiums.
Section 9-38-19 - Legal assistance to park board.
Section 9-38-20 - Regulations for park board business--Contracts on behalf of city.
Section 9-38-22 - Park board records as evidence.
Section 9-38-23 - Reports by park board to governing body--Records subject to inspection.
Section 9-38-24 - Board authority over parks and boulevards--Concessions.
Section 9-38-27 - Bonds required of park board officers and employees.
Section 9-38-31 - Acquisition of property for parks and boulevards--Sources of payment.
Section 9-38-32 - Acceptance of gifts for parks and boulevards--Conditions permissible.
Section 9-38-33 - Purposes for which acquired land used.
Section 9-38-34 - Change of use of lands authorized by election.
Section 9-38-35 - Structures within parks--Purposes for which authorized.
Section 9-38-38 - Contract for street improvements under park board--Supervision by board.
Section 9-38-39 - Grading of streets after condemnation--Jury assessment of benefits and damages.
Section 9-38-41 - Appropriations and expenditures for park and boulevard improvements.
Section 9-38-42 - Annual estimate for maintenance and improvement of parks and roads.
Section 9-38-44 - Annual estimate for maintenance of trees and shrubbery.
Section 9-38-47 - Requisition by park board for expenditure of appropriated funds.
Section 9-38-48 - Park district moneys not to be diverted to other districts.
Section 9-38-54 - Water for park purposes supplied by municipality--Charges against park district.
Section 9-38-56 - Ordinance required for building of railway across park or boulevard.
Section 9-38-61 - Swimming pool revenue bonds authorized.
Section 9-38-62 - Authorization, issuance, and sale of bonds.
Section 9-38-66 - References in revenue bonds to authorizing resolution--Negotiability of bonds.
Section 9-38-69 - Special fund for swimming pool revenue bonds--Pledge of income.
Section 9-38-74 - Municipal indebtedness not authorized by swimming pool revenue bond law.
Section 9-38-75 - Severability of swimming pool revenue bond law and resolutions.
Section 9-38-76 - Gymnasium or community house authorized by voters--Bond issue.
Section 9-38-77 - Municipal borrowing power for recreation and playgrounds--Negotiable bonds.
Section 9-38-78 - Appropriations for playgrounds and athletics.
Section 9-38-80 - Creation and purpose of recreation board--Delegation of powers to park board.
Section 9-38-82 - Bond required of recreation board members--Payment of premiums.
Section 9-38-86 - Regulations for proceedings of recreation board--Contracts on behalf of city.
Section 9-38-88 - Records of recreation board as evidence.
Section 9-38-90 - Legal assistance to recreation board.
Section 9-38-90.1 - Combined park and recreation board--Powers and duties.
Section 9-38-90.2 - Members of combined board--Supervision.
Section 9-38-90.3 - Funds of combined board.
Section 9-38-95 - Bonds required of recreation board officers and employees.
Section 9-38-96 - Recreation board recommendations by resolution--Ordinance based on recommendation.
Section 9-38-97 - Recreation board reports to governing body--Records subject to inspection.
Section 9-38-101 - Expenses paid out of appropriated funds--Expenditure as other municipal funds.
Section 9-38-107 - Appropriations for art galleries and museums--Board to control expenditures.
Section 9-38-108 - Appropriations for free musical concerts.