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(A) Utility openings and lights in streets and alleys. This municipality shall have power to regulate openings in streets or alleys for laying of gas or water mains, sewers, tunnels, and drains, and the erecting of gas or electric lights pursuant to SDCL § 9-30-1.
(B) Cleaning, removal of obstructions, injury and the like. This municipality shall have the power to regulate the use of sidewalks, streets, alleys, wharves, parks, and public grounds, to provide for cleaning the same, to prevent and remove obstructions and encroachments upon the same, to prevent injury to the same, to regulate or prevent any practice having a tendency to annoy persons frequenting the same, and to regulate or prohibit structures under sidewalks and riding and driving thereon pursuant to SDCL § 9-30-2.
(C) Signs and advertising in public places. This municipality shall have power to regulate and prohibit the use of streets, sidewalks, and public grounds for signs, signposts, awnings, flying of flags or banners, posting of bills and advertisements, the exhibition or carrying of banners, placards, or advertisements, and the distribution of handbills pursuant to SDCL § 9-30-3.
(D) Traffic and sales in public places. This municipality shall have power to regulate traffic and sales upon the streets and sidewalks and in public places pursuant to SDCL § 9-30-4.
(E) Snow removal; weed removal; expense paid by special assessment. This municipality shall have power to require the owner of abutting property to remove snow and ice from sidewalks and weeds from parking, and to provide for their removal and for taxing the expense thereof by special assessment against the abutting property pursuant to SDCL § 9-30-5.
STREETS
This municipality shall have the power to lay out, establish, open, vacate, alter, widen, extend, improve, repair, grade, gravel, surface, pave, repave, bridge, construct a viaduct upon or over, erect equipment for street lighting in and otherwise improve, and establish and change the grade of roads, streets, alleys, sidewalks, and public grounds, and to regulate the making of openings and connections therein and the erection of lights thereon as provided in SDCL § 9-45-1.
Cross-reference:
Local provisions, see Title XVII
(A) All railroad companies in this municipality shall make, keep open, and repair their crossings of streets and public roads, and to make, keep open, and repair ditches, drains, sewers, and culverts along and under their tracks, so that drainage of adjacent property shall not be impeded and the right-of-way shall be properly drained.
(SDCL § 9-35-8)
(B) This municipality may extend any street, alley, or highway over, under, or across, or to construct any sewer, water pipe, or main under or through any railroad track, right-of-way, or land of any railroad company within the corporate limits pursuant to SDCL § 9-35-7.
SIDEWALKS
The width of sidewalks in this municipality shall be as is set by the governing body. All sidewalks must be composed of material as is set out by the governing body.
(SDCL § 9-46-1) Penalty, see § 10.99
(A) Any owner of real property who fails to keep in repair the sidewalks in front of or along such property if he or she resides thereon, or if he or she does not reside thereon, to repair the same forthwith when notified, is liable to the municipality for any damage caused by such neglect.
(B) The duty of the municipality to notify the nonresident owner does not affect the liability of the owner for any injury proximately caused by the negligent construction or repair of the sidewalk.
(C) The failure of the municipality to notify the nonresident owner does not result in any liability on the part of the municipality for any injury proximately caused by the negligent construction or repair of the sidewalk.
(SDCL § 9-46-2) Penalty, see § 10.99
(A) If the municipality deems it necessary to construct, rebuild, or repair any sidewalk, it shall notify all owners of lots adjoining such sidewalk to construct, rebuild, or repair the sidewalk at their own expense within a time designated.
(B) Such notice shall be in writing and either be served personally or by return receipt mail, on each owner or by publication once in each week for two consecutive weeks. It shall set forth the character of the work and the time within which it is to be done. Such notice may be general as to the owners but shall be specific as to the description of such lots.
(SDCL § 9-46-3)
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