STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

July 5, 1968

Clifford C. Oden
State's Attorney, Union County
Elk Point, South Dakota 57025

OFFICIAL OPINION NO. 68-2

Townships Not Authorized to License Fireworks Stands

Dear Mr. Oden:

You have requested my official opinion based upon the following fact situation:

"Big Sioux Township is located in Union County and is within four miles of the City of Sioux City, Iowa. The board of supervisors of the township have imposed a fee and license system for the operation of a fireworks stand located within the township."

You specifically ask if such action on the part of the Board of Supervisors is within their authority as granted by the laws of the State of South Dakota.

Section 58.0202 of the SDC of 1939 reads as follows:

"No organized township shall possess or exercise any powers except such as are enumerated in this chapter, or are especially given by law or are necessary to the exercise of the powers so enumerated or granted."

Section 58.0201 enumerates the powers as given to the township by the Legislature of the State of South Dakota. The only section of these powers which could possibly give the township any control over a fireworks stand is Section 58.0201(9) (j) which effectively states:

"When a city with a population of fifty thousand or more is within four miles of the township (each organized township in the state . . . has power) to abate any nuisance found within its corporate limits."

Therefore, if the fireworks stand was offensive or could be shown to be dangerous and thus constitute a nuisance, the Board of Supervisors would have the power to abate its operation. However, I can find no authority granting the township any powers to license or charge fees for the operation of such a stand and therefore, it is my opinion that such practices, as discussed above, by the Board of Supervisors is without their authority granted by the laws of the State of South Dakota.

Respectfully submitted,

Frank L. Farrar
Attorney General