9-38-35. Structures within parks--Purposes for which authorized.
Neither the governing body nor the board may permit any person to build or maintain any structure within any park or parkway under the control of the board. No structure may be erected or maintained within any park or parkway except such structures or buildings as may be erected by the board for park purposes, and such statues, monuments, works of art, or structures intended for ornamentation only as may be erected by authority of the board. However, the governing body or the board may authorize the building and operation of tourism, science, or information centers within any park or parkway. The centers may include the administrative offices of any nonprofit association or corporation responsible for the operation of the center. If a water tower is located within a park or on park land, the governing body or the board may authorize the installation of communications equipment, including personal wireless service equipment, on the tower or on the ground and may authorize the installation of equipment to run wires or cables underground across the park land in order to connect the installation with facilities located outside the park land. The governing body or board shall establish the terms and conditions for any such installation in a lease or license agreement.
Source: SL 1915, ch 260, §64; RC 1919, §6507; SDC 1939, §45.2522; SL 1992, ch 66; SL 2004, ch 78, §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.