Title 42 — RECREATION AND SPORTS
14 chapters · 366 sections in this title.
SDCL § 42-10-1 Amusement ride defined
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An amusement ride is any mechanical device which carries or conveys passengers along, around, or over a fixed or restricted route or course for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. The term, amusement ride, does not include slides, pla…
SDCL § 42-10-2 Liability insurance requirement
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No person may own, operate, or lease an amusement ride or an amusement device of a permanent nature in this state unless the person purchases insurance in an amount not less than one million dollars per occurrence and one million dollars in the aggregate against liability for inj…
SDCL § 42-10-2.1 Proof of liability insurance required
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No amusement ride may be operated without proof of liability insurance commensurate to the risk of liability inherent to such amusement ride. Source: SL 1991, ch 352 , § 2.
SDCL § 42-10-3 Local government inspection
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Nothing in this chapter prohibits any municipality or county from conducting independent inspections of amusement rides pursuant to their police powers. Source: SL 1991, ch 352 , § 17.
SDCL § 42-10-4 Annual inspection
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No person may operate an amusement ride in the state unless the amusement ride has passed an inspection during the prior twelve months by a certified amusement ride inspector. Source: SL 2014, ch 208 , § 3.
SDCL § 42-10-5 Inspection affidavit
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The owner of an amusement ride shall file an inspection affidavit attesting that the amusement ride has passed the most recent annual inspection required in § 42-10-4 with the sponsoring organization and the governing board of the local unit of government before the amusement rid…
SDCL § 42-10-6 Daily inspection--Standards--Record
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No person may operate an amusement ride unless a daily inspection is performed on each day of operation and the amusement ride meets the current American Society of Testing and Material Standards on Amusement Rides and Devices, F 770-13. An owner or operator of the amusement ride…
SDCL § 42-10-7 Inspection following modification
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No person may operate an amusement ride that has been modified or altered in a manner that changes the dynamics or control system from the manufacturer's design or specification since the most recent annual inspection, unless the amusement ride passes an inspection by a certified…
SDCL § 42-10-8 Certified amusement ride inspector defined
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For purposes of §§ 42-10-4 to 42-10-9 , inclusive, a certified amusement ride inspector is either an employee of the insurance company that insures the amusement ride or an amusement ride inspector that carries a minimum of one hundred thousand dollars in errors and omissions ins…
SDCL § 42-10-9 Rider obedience of rules, warnings, and oral or prerecorded instructions--Contributory negligence
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A rider on an amusement ride or an amusement device of a permanent nature is responsible for obeying all posted rules, warnings, and the oral or prerecorded instructions of the operator of the amusement ride or amusement device of a permanent nature, and all of the following: (1)…