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Sioux Falls Overview
Code of Ordinances of Sioux Falls, SD
SIOUX FALLS, SOUTH DAKOTA CODE OF ORDINANCES
CHARTER
CHARTER PARALLEL REFERENCES
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
CHAPTER 30: CITY COUNCIL
CHAPTER 31: DEPARTMENTAL ORGANIZATION
CHAPTER 32: CITY ORGANIZATIONS
CHAPTER 33: EMERGENCY MANAGEMENT
CHAPTER 34: ETHICS
CHAPTER 35: CONFLICTS OF INTEREST OF OFFICERS AND EMPLOYEES AND ETHICS BOARD
CHAPTER 36: FINANCES
CHAPTER 37: TAXATION
CHAPTER 38: ELECTIONS
CHAPTER 39: PERSONNEL REGULATIONS AND BENEFITS; RETIREMENT AND PENSIONS
CHAPTER 40: ADMINISTRATIVE CODE ENFORCEMENT
CHAPTER 41: FEES
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
CODE OF ORDINANCES PARALLEL REFERENCES
FEE INDEX
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§ 30.008 PRESIDING OFFICER; DUTIES; ELECTION OF CHAIR, VICE CHAIR, AND AUDIT COMMITTEE CHAIR.
   (a)   The presiding officer of the city council meetings shall be the mayor. In the absence of the mayor, the acting mayor shall act as the presiding officer at the city council meetings. The acting mayor may vote on all issues.
   (b)   (1)   The city council shall elect a council chair and council vice chair to perform the duties of acting mayor pursuant to city charter § 2.03. The chair and vice chair shall serve a one-year term or until a successor is elected by the city council. Upon the vacancy of the chair position, the duly elected vice chair shall assume the role of chair for the remainder of the term created by the vacancy. In the event of an interim vacancy of vice chair or both chair and vice chair, a special election shall be held in accordance with § 30.008(b)(2) to fill the remainder of the term created by the vacancy. The regular election of the city council chair, vice chair, and audit committee chair shall occur each year on the third Tuesday in May, or at the city council meeting that follows the installation ceremony, whichever is later. For the purposes of this section, an INSTALLATION CEREMONY is defined as the swearing in of newly elected officials that follows a regular election. The chair or vice chair shall notify the newly elected city council members in a timely manner of the regular election date and time.
      (2)   The election of chair, vice chair, and audit committee chair shall be conducted as follows:
         A.   The mayor shall not participate in the election.
         B.   The presiding officer opens nominations.
         C.   Nominations shall be made from the floor and shall be seconded. The council members who made and seconded a nomination shall have the opportunity to speak on behalf of their nominee once the presiding officer reads their nomination aloud.
         D.   A nominee can withdraw his/her nomination from consideration at any time.
         E.   The presiding officer shall close nominations after all nominations are made known.
         F.   After nominations are closed, each nominee will have an opportunity to give an acceptance speech in the order of their nomination.
         G.   Once the nominees have spoken, each council member will have an opportunity to discuss the nominations.
         H.   Voting shall be by roll call vote, with each council member stating the name of their preferred nominee.
         I.   A majority of members present will determine the election outcome.
         J.   In case of a tie vote and the tie cannot be broken due to the mayor's absence or after three attempts, the tie will be broken by the flip of a coin cast by the city clerk upon the floor. One candidate shall be designated head and one candidate shall be designated tails by the presiding officer.
      (3)   If the vice chair is unable to serve as acting mayor, the council chair may designate a city council member to serve as acting mayor in his or her absence.
   (c)   The mayor, or acting mayor, shall preserve strict order and decorum at all regular and special meetings of the city council and confine members in debates to the question under discussion. The mayor, or acting mayor, shall announce the vote on all subjects voted on by the city council.
   (d)   The city clerk, or the clerk’s designee, shall state every question coming before the city council. The mayor, or acting mayor, shall decide all questions of order; subject, however, to an appeal to the city council, in which event a majority vote of the city council shall govern and conclusively determine a question of order.
   (e)   The mayor shall vote only in the case of a tie vote, with his or her name being called last.
(1992 Code, § 2-9) (Ord. 50-95, passed 3-20-1995; Ord. 31-96, passed 3-18-1996; Ord. 76-99, passed 7-19-1999; Ord. 52-11, passed 7-11-2011; Ord. 24-12, passed 4-2-2012; Ord. 45-19, passed 4-9-2019; Ord. 43-20, passed 4-21-2020; Ord. 33-23, passed 5-9-2023)
§ 30.009 CALL TO ORDER FOR CITY COUNCIL MEETINGS.
   (a)   The mayor shall take the chair precisely at the hour appointed for the meeting, and shall immediately call the city council meeting to order.
   (b)   In the absence of the mayor, the city council chair, or in the chair’s absence, the council vice chair, as acting mayor, shall call the city council meeting to order.
   (c)   Upon the arrival of the mayor, the acting mayor shall relinquish the position of presiding officer upon the conclusion of the business immediately before the city council.
(1992 Code, § 2-10) (Ord. 50-95, passed 3-20-1995; Ord. 31-96, passed 3-18-1996; Ord. 52-11, passed 7-11-2011)
§ 30.010 ROLL CALL.
   Before proceeding with the business of the city council, the city clerk, or the city clerk’s designee, shall call the roll of the members. The names of those present and absent shall be entered in the minutes.
(1992 Code, § 2-11) (Ord. 50-95, passed 3-20-1995; Ord. 52-11, passed 7-11-2011)
§ 30.011 QUORUM.
   Five members of the council shall constitute a quorum and be necessary for the transaction of business. If a quorum is not present, those in attendance shall be named and shall adjourn to a later time.
(1992 Code, § 2-12) (Ord. 50-95, passed 3-20-1995)
§ 30.012 RULES OF ORDER.
   Robert’s Rules of Order Newly Revised (latest edition) shall govern the proceedings of the council in all cases, unless they are in conflict with this subchapter.
(1992 Code, § 2-13) (Ord. 50-95, passed 3-20-1995)
§ 30.013 ORDER OF BUSINESS.
   The business of the council shall be considered in the following order:
   (a)   Roll call;
   (b)   Invocation;
   (c)   Pledge;
   (d)   Proclamations, recognitions, awards;
   (e)   Approval of consent agenda:
      (1)   Approval of minutes;
      (2)   Communications;
      (3)   Council’s internal departmental directives;
      (4)   Applications;
      (5)   Notice of hearings; and
      (6)   Other.
   (f)   Approval of regular agenda;
   (g)   Petitions;
   (h)   Unfinished business;
   (i)   Introduction and adoption of ordinances:
      (1)   Second readings; and
      (2)   First readings.
   (j)   Hearings and resolutions;
   (k)   Notice of hearings for street vacations;
   (l)   Report of officers, boards, committees, commissions and transfers of unencumbered appropriation balances among programs within a department or organizational unit as provided in the city charter § 5.07(d);
   (m)   New business;
   (n)   Items added after agenda deadline;
   (o)   General public input;
   (p)   Adjournment; and
   (q)   Executive session.
(1992 Code, § 2-14) (Ord. 50-95, passed 3-20-1995; Ord. 51-98, passed 5-18-1998; Ord. 28-99, passed 3-15-1999; Ord. 68-02, passed 9-3-2002; Ord. 1-09, passed 1-5-2009; Ord. 24-12, passed 4-2-2012; Ord. 99-20, passed 11-10-2020)
§ 30.014 AGENDA.
   (a)   All materials related to an agenda item requiring council action will be delivered to the city clerk’s office in its complete and final format.
   (b)   At the request of any one council member, an item may be removed from the consent agenda and placed on the regular agenda whenever that council member believes additional discussion on the item is necessary.
   (c)   The proposed agenda shall be posted at the city clerk’s office and placed on the city’s website. An email notice shall also be sent to all persons who have requested notice pursuant to law by the close of business on the Friday preceding any meeting to take place on the following Tuesday. Proposed additions to the agenda, in their complete and final format, including a signed agenda approval form, shall be delivered to the city clerk’s office no later than Monday at 12:00 p.m. before the Tuesday meeting the next day. These items shall be listed as “Items added after agenda deadline” on a revised agenda which shall be posted, placed on the website and noticed at least 24 hours in advance of the Tuesday meeting to the council, the mayor, the directors and all persons who have requested notice pursuant to law. The sponsor(s) of any item added after the agenda deadline shall provide an email notice to the city council members and the city clerk’s office by 4:00 p.m. the day prior to consideration by the city council. The notice shall include a statement regarding the background and objective of the proposed item and shall be posted to the city’s website by the city clerk’s office upon its receipt. However, the provisions of this section do not apply to any information that is specifically exempt from disclosure under state public record laws in effect at the time. Additional printed material may be distributed to the governing body in accordance with SDCL 1-27-1.16. A technological problem or failure that either prevents the posting of public notices on a website or that temporarily or permanently prevents the use of all or part of the website does not preclude the holding of the meeting for which the notice was posted, if the public body complies with all other public notice requirements.
   (d)   During consideration of new business, the mayor or any two city council members may bring before the city council any business that person feels should be deliberated upon by the city council. These matters can be added to the agenda by a vote of six city council members and will be considered under new business. Formal action on these matters shall be deferred until a subsequent city council meeting, unless consideration is necessary for the immediate preservation of the public peace, health or safety of the municipal government. If the city council chooses to take immediate action on the newly calendared agenda item, an affirmative vote of six members of the council is required for approval. This subsection shall not apply to any action to remove the city attorney under city charter § 4.03 or a city council appointed employee. Any action to remove the city attorney under city charter § 4.03 or a city council appointed employee shall be subject to the provisions of § 30.022(b).
(1992 Code, § 2-15) (Ord. 50-95, passed 3-20-1995; Ord. 52-11, passed 7-11-2011; Ord. 24-12, passed 4-2-2012; Ord. 8-16, passed 2-1-2016; Ord. 66-20, passed 8-11-2020; Ord. 54- 23, passed 7-5-2023)
§ 30.015 ADDRESSING THE COUNCIL; TIME LIMIT.
   (a)   Public input shall be allowed for any item on the regular agenda. Each person addressing the city council shall step up to the microphone in front of the rail, shall give his or her name in an audible tone of voice for the record, and unless further time is granted by the presiding officer, shall be limited to three minutes on any ordinance receiving a first reading; and on the date of final adoption by the city council, five minutes shall be allowed. If the regular agenda item is quasi-judicial as defined by state law or a zoning ordinance, the private applicant shall be invited first to provide public input and allowed an additional three minutes for rebuttal following public input. Rebuttal by the applicant shall only be allowed to respond to earlier testimony provided during public input. The city council has the right to overrule the presiding officer’s use of discretion pursuant to Robert’s Rules of Order Newly Revised (latest edition).
   (b)   Notwithstanding division (a) above, the general public input portion of a city council meeting, held pursuant to § 30.001(b) will be limited to topics which do not involve those agenda items appearing earlier in the regular agenda as public input shall be received when that agenda item is up for discussion. Each person addressing the city council during the general public input portion shall be limited to three minutes.
   (c)   No person shall address the city council without first securing the permission of the mayor, or acting mayor, to do so.
   (d)   Electronic presentations with audio and video embedded within the electronic presentation shall not be allowed. Electronic presentations without audio and video embedded within the electronic presentation are only permitted during regular agenda items on the date of final adoption. The city council may adopt standards that govern the use of electronic presentations. This provision shall not be construed to restrict electronic or hardcopy photos from being presented by the public during a regular meeting.
   (e)   All remarks shall be addressed to the city council as a body and not to any member thereof.
   (f)   No person, other than the city council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the city council without the permission of the mayor or acting mayor.
   (g)   No question shall be asked of a city council member except through the mayor or acting mayor.
   (h)   No person, except city council members, shall address the council after a motion is made and seconded unless requested by a city council member.
(1992 Code, § 2-16) (Ord. 50-95, passed 3-20-1995; Ord. 52-11, passed 7-11-2011; Ord. 24-12, passed 4-2-2012; Ord. 55-18, passed 7-3-2018; Ord. 115-18, passed 12-4-2018; Ord. 99-20, passed 11-10-2020; Ord. 68-24, passed 8-13-2024)
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