Title 34, PUBLIC HEALTH AND SAFETY

At any location where consumer fireworks are being offered for sale, the licensee shall prominently post a sign in red letters not less than three inches in height that reads, "NO SMOKING WITHIN FIFTY FEET." A person is guilty of a Class 1 misdemeanor if the person smokes within …

At any location where consumer fireworks are being offered for sale the licensee shall prominently post a sign that states no fireworks may be ignited or used within three hundred feet of the licensee's premises. A person is guilty of a Class 1 misdemeanor if the person ignites o…

A person is guilty of a Class 1 misdemeanor if the person has any device, apparatus, receptacle, or burner from which an open flame is emitted on the premises of a retail licensee. A retailer licensee shall keep and maintain upon the retailer's premises a fire extinguisher bearin…

No person may sell or cause to be sold, use, or cause to be used, any pyrotechnics of any description or any consumer fireworks within the exterior boundaries of the Black Hills Forest Fire Protection District. No person may use or cause to be used, any pyrotechnics or consumer f…

Nothing in this chapter prohibits a wholesaler licensee or manufacturer from storing, selling, shipping, or otherwise transporting, fireworks to any person outside this state, consistent with 18 U.S.C. § 836, effective on January 1, 2019. Any delivery of fireworks may be made by …

A wholesaler licensee shall retain written evidence of the delivery of fireworks to any person outside this state. Evidence under this section may include the fireworks license or permit number and address, a bill of lading, or delivery receipt for delivery by a certified motor c…

Nothing in this chapter prohibits the use of display fireworks at a public or private event. A person using display fireworks at a public or private event shall obtain a permit from the governing body of the municipality, township, or county where the display fireworks are to be …

Nothing in this chapter prohibits the use of consumer fireworks at a public or private event. A person using consumer fireworks at a public or private event outside the periods permitted by § 34-37-16.1 shall obtain a permit from the governing body of the municipality, township, …

For any licensee who is found guilty of a second or subsequent violation under this chapter, the department may revoke or suspend the license and refuse to renew the license upon its expiration. Source: SL 1964, ch 31 , § 12(2); SL 1983, ch 259 , § 13; SL 2019, ch 154 , § 19, eff…

A person is guilty of a Class 1 misdemeanor if the person possesses any fireworks, other than those enumerated in § 34-37-5 . If any person possesses any fireworks in violation of § 34-37-5 , a warrant may be issued for the seizure of the fireworks. Any fireworks seized under thi…

Except as otherwise provided in this chapter, a person is guilty of a Class 2 misdemeanor if the person uses consumer fireworks except during the period from June twenty-seventh to the first Sunday after July fourth, and during the period beginning December twenty-eighth to Janua…

The provisions of §§ 34-37-2 and 34-37-16.1 do not apply to: (1) Smoke effects if the smoke effects do not fly, travel, or explode; (2) Single-shot parachute pieces without a flare; or (3) Any fireworks classified as a novelty under section 3.2 of the American Pyrotechnics Associ…

The Department of Public Safety, together with any law enforcement agency of the state or any political subdivision of the state, shall enforce this chapter. Source: SL 1964, ch 31 , § 9; SL 2003, ch 272 (Ex. Ord. 03-1), § 20; SL 2019, ch 154 , § 23, eff. Mar. 20, 2019.

Records required under provisions of this chapter shall be kept on forms prescribed by the secretary of public safety. Source: SL 1983, ch 259 , § 7; SL 2003, ch 272 , §§ 20, 121.

Any county may, by resolution, regulate or prohibit the use of fireworks outside the boundaries of any municipality in those areas where the fire danger, as determined by use of the South Dakota grassland fire danger index published by the National Weather Service, has reached th…

A person is guilty of a Class 1 misdemeanor if the person sells, holds for sale, or offers for sale, as wholesaler or retailer, any fireworks in this state without a license as a wholesaler or retailer issued under this chapter. Application for a license as wholesaler or retailer…

A person under the age of eighteen years may not be licensed under this chapter. A wholesaler or retailer may not employ or permit any person under the age of eighteen to sell, dispense, or offer for sale any fireworks enumerated in this chapter. A violation of this section is a …

In addition to any license required under § 34-37-2 , for any sales to out-of-state residents, a retailer licensee may obtain: (1) An early season license to operate from May first to June twenty-sixth, with a required fee of one thousand dollars; or (2) A late season license to …

Any person who manufactures, uses, or disposes to another, with or without consideration, so as to endanger the safety of others, any consumer fireworks made wholly or in part of dynamite, nitroglycerin, or giant powder, is guilty of a Class 1 misdemeanor. Source: SDC 1939, § 13.…

Except as provided in § 34-37-12 , a person is guilty of a Class 1 misdemeanor if the person possesses, sells, offers for sale, brings into this state, or uses any pyrotechnics commonly known as fireworks, other than consumer fireworks. Source: SL 1949, ch 41 , § 1; SDC Supp 1960…

Permissible fireworks are consumer fireworks as enumerated in Chapter 3 of the American Pyrotechnics Association Inc., Standard 87-1, 2001 edition and that comply with labeling regulations promulgated by the U.S. Consumer Product Safety Commission 16 C.F.R. 1507 as in effect on J…

Before any fireworks not enumerated under § 34-37-5 may be sold, held for sale, or offered for sale in this state, the licensee shall submit the fireworks to the Department of Public Safety for examination. For any fireworks submitted under this section that comply with 16 C.F.R.…

Nothing in this chapter shall be construed as applying to toy paper caps containing not more than twenty - five hundredths of a grain of explosive composition per cap, and to the manufacture, storage, sale, or use of signals necessary for the safe operation of railroads or other …

A person is guilty of a Class 1 misdemeanor if the person is not licensed as a wholesaler or retailer and transports any fireworks into this state for sale. A retailer may not sell any fireworks that have not been purchased from a wholesaler licensed under this chapter. Source: S…

Any person licensed under the provisions of this chapter shall comply with the provisions of § 10-45-45 . Each invoice for fireworks purchased is subject to inspection by the Department of Public Safety. The invoice shall show the license number of the wholesaler from which the p…