{"id":"DUT-SD-009","kind":"duty","level":"state","jurisdiction":"South Dakota (every municipality)","state":"SD","metro":"","industry":"","agency":"","eco":"","issuer":"South Dakota Legislature (codified statute conferring municipal powers)","authority":"S.D. Codified Laws title 9, ch. 9-19 (Ordinances and Resolutions)","instrument":"SDCL 9-19-3 and 9-19-3.1, Authority to enact ordinances, seek injunctive relief and establish penalties; criminal procedure for ordinance violations","title":"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","dateIssued":"2026-09-29","effective":"standing","end":"standing","startDate":"2026-09-29","endDate":"","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY"],"addressees":["persons generally and specified businesses within the municipality, as each ordinance provides"],"clause":"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.","enforcement":"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)","functions":[],"notes":"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.","sourceUrl":"https://sdlegislature.gov/api/Statutes/9-19.html?all=true","snapshot":"","fileExists":true,"fileBytes":176449,"grade":"primary","character":"order_penalty","description":"","collection":"DUT-SD","url":"/library/DUT-SD-009","exhibitUrl":"/exhibit/DUT-SD-009","citation":"South Dakota Legislature (codified statute conferring municipal powers), SDCL 9-19-3 and 9-19-3.1, Authority to enact ordinances, seek injunctive relief and establish penalties; criminal procedure for ordinance violations (standing) (Ex. DUT-SD-009)","stateName":"South Dakota","related":["SD-039","SD-063","SD-064","SD-068","SD-070","SD-092","DUT-SD-007","DUT-SD-006","DUT-SD-008"]}