Title 34 — PUBLIC HEALTH AND SAFETY
100 chapters · 1,959 sections in this title.
SDCL § 34-43-1 Definition of inspection warrant
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An inspection warrant is a written order in the name of a county or municipality signed by a magistrate judge or circuit court judge, directed to a county or municipal official, commanding him to conduct any inspection required or authorized by state or local law or regulation re…
SDCL § 34-43-2 Affidavit in support of warrant--Contents--Notice where prior consent refused
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An inspection warrant may be issued only upon cause, supported by an affidavit, particularly describing the place, dwelling, structure, or premises to be inspected and the purpose for which the inspection is to be made. The agency shall demonstrate that the inspection is one that…
SDCL § 34-43-3 Cause to issue warrant--Legislative or administrative standards satisfied or condition of nonconformity
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Cause shall exist if either reasonable legislative or administrative standards for conducting a routine or area inspection are satisfied with respect to the particular place, dwelling, structure, or premises, or there is reason to believe that a condition of nonconformity exists …
SDCL § 34-43-4 Examination of applicant and other witnesses by magistrate or judge
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Before issuing an inspection warrant, the magistrate judge or circuit court judge may examine on oath the applicant and any other witness and shall satisfy himself of the existence of grounds for granting such application. Source: SL 1986, ch 290 , § 4.
SDCL § 34-43-5 Issuance of warrant by magistrate or judge--Description of premises, purpose, and limitations of inspection
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If the magistrate judge or circuit court judge is satisfied that cause for the inspection exists, he shall issue the warrant particularly describing each place, dwelling, structure, or premises to be inspected and designating on the warrant the purpose and limitations of the insp…
SDCL § 34-43-6 Duration of effectiveness of warrant--Extension or renewal--Return to magistrate or judge--Void after expiration
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An inspection warrant is effective for the time specified therein, but for no more than fourteen days, unless extended or renewed by the magistrate judge or circuit court judge who signed and issued the original warrant, upon satisfying himself that such extension or renewal is i…
SDCL § 34-43-7 Prohibited inspections--Exceptions
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An inspection made pursuant to a warrant authorized by §§ 34-43-1 to 34-43-8 , inclusive, may not be made between six p.m. of any day and eight a.m. of the succeeding day, nor in the absence of an owner or occupant of the particular place, dwelling, structure, or premises unless …
SDCL § 34-43-8 Refusal to permit inspection by warrant as misdemeanor
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Any person who willfully refuses to permit an inspection lawfully authorized by a warrant issued pursuant to §§ 34-43-1 to 34-43-8 , inclusive, is guilty of a Class 2 misdemeanor. Source: SL 1986, ch 290 , § 8.