An Act to exempt municipalities in certain counties from requirements related to municipal campgrounds.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 9-38-1 be AMENDED:
9-38-1. 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,
is located
within fifteen miles of the municipality.
However, aA
municipality may construct or expand camping or tourist accommodation
facilities if
there is
an existing private campground is
located 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:
(1) A
municipality that leases camping and tourist accommodation facilities
from the state
which
that were in
existence prior to January 1, 2017;
or
(2) Municipalities in the counties of Beadle, Bennett, Bon Homme, Brookings, Brown, Buffalo, Campbell, Charles Mix, Clark, Clay, Codington, Corson, Day, Deuel, Dewey, Douglas, Edmunds, Faulk, Grant, Gregory, Hamlin, Hand, Harding, Hutchinson, Hyde, Jerauld, Kingsbury, Marshall, McPherson, Mellette, Miner, Oglala Lakota, Perkins, Potter, Roberts, Sanborn, Spink, Sully, Todd, Tripp, Turner, Union, and Ziebach.