Remember Dugan Park? It is a small neighborhood park north of Lewis Drug (41st and Minnesota). The city was going to allow it to be sold to a car dealership. It was quite far in the workings involving the sale of the park, but neighbors were diligent in their efforts to keep it a public place of enjoyment. Many signatures were signed to stop the taking of this land. I was a little upset that this could even be done and found out that our City Charter refers to South Dakota Codified Law in dealing with parks. Our State Law prohibits the changing of a park zoning without a vote by the people. I and some other concerned citizens talked with the Park Board and I pointed out this law. Along with several hundred signatures the park was saved - but for how long? I believe it is only as long as our citizens are diligent and know how to find and apply our laws.
Remember the following City Ordinance and State Law:
Sioux Falls City Charter, Chapter 27 PARKS AND RECREATION:
Cross references: Administration, ch. 2; amusements, ch. 6; licenses issued by parks, recreation and forestry department, § 23-23; planning, ch. 32; vegetation, ch. 42; subdivision ordinance, app. A; zoning ordinance, app. B; recreation conservation zoning district, app. B, ch. 15.37; extraterritorial recreation/conservation district, app. C, art. 13.00.
State law references: Municipal parks and recreational facilities, SDCL 9-38-1 et seq. WHICH IS THE FOLLOWING:
SDCL CHAPTER 9-38
MUNICIPAL PARKS AND RECREATIONAL FACILITIES
9-38-34. Change of use of lands authorized by election. A change of use of such lands may be authorized by an affirmative majority vote of the voters of said city voting at an election on the question of such change of use. Such question may be submitted to the voters of such first or second class municipality at a regular annual or special city election. (Emphasis mine)
Source: SL 1927, ch 173; SDC 1939, § 45.2521; SL 1992, ch 60, § 2.