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CID board to seek county legal opinion on golf-cart use on Dakota Dunes Boulevard
Summary
After public comment and competing interpretations of state law, the Dakota Dunes CID board voted 5-0 to have staff and counsel meet with the Union County State’s Attorney to clarify whether golf carts may legally use Dakota Dunes Boulevard under South Dakota Codified Law 32-14-14.
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The Dakota Dunes Community Improvement District Board of Supervisors voted April 20 to ask staff and the CID’s attorney to seek a formal legal opinion from the Union County State’s Attorney about whether golf carts may legally drive on Dakota Dunes Boulevard.
Mark Brown, speaking on behalf of Bill Gaukel, told the board that “Dakota Dunes is a golf community and historically has always allowed golf carts to drive on the Boulevard” and asked what steps the board would take to obtain a legal interpretation of South Dakota Codified Law 32-14-14. CID counsel Mr. Jesse responded that “the CID board does not have the legal authority to adopt an ordinance as statutorily the CID does not have police powers which includes setting speed limits and that authority would fall under the Union County Board of Commissioners with the enforcement by the County Sheriff’s office and prosecution by the State’s Attorney’s office.”
Members of the local golf-cart committee disagreed about how the county ordinance language reads: committee member Mr. Goeden said the ordinance originally presented to the county “did not exclude golf carts from driving on the Dakota Dunes Boulevard,” while board members noted a separate state provision that bars golf carts on streets with posted speed limits over 25 mph. Union County Sheriff Jim Prouty told the board that his office enforces laws as directed but does not provide legal interpretation, saying his role is enforcement rather than legal interpretation.
Following the discussion, the board approved a motion, made by Mr. Shorma and seconded by Mr. Wetz, directing staff member Andrew Tramp and counsel Mr. Jesse to meet with State’s Attorney Kathy Zenner to review the previously passed ordinance and clarify the legality of golf-cart operation on Dakota Dunes Boulevard; the motion passed 5-0. The motion rescinds no ordinance itself; it seeks a county prosecutorial interpretation and next steps.
