Title 34A — ENVIRONMENTAL PROTECTION
22 chapters · 699 sections in this title.
SDCL § 34A-7-1 Definition of terms
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Terms used in this chapter mean: (1) "Beverage," beer or other malt beverages and mineral waters, soda water, and similar carbonated soft drinks in liquid form and intended for human consumption; (2) "Beverage container," the individual, separate, sealed glass, metal, or plastic …
SDCL § 34A-7-10 Enforced removal of litter upon conviction of accumulation violation--Costs taxed against violator
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In addition to any fine imposed under this chapter, the court may order that the person convicted of such a violation remove and properly dispose of the litter, may employ special bailiffs to supervise such removal and disposal, and may tax the costs of such supervision as costs …
SDCL § 34A-7-11 Injunction against continuing violators
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The attorney general may file for an injunction against continuing violators of this chapter. Source: SL 1974, ch 242 , § 12; SDCL Supp, § 34-16C-15; SL 1976, ch 214 , § 7; SL 1977, ch 190 , § 39; SL 1992, ch 158 , § 47.
SDCL § 34A-7-12 Injunction of violations--Citizens' suits--Alternative or in addition to criminal proceedings
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Any person violating the provisions of this chapter may be enjoined from further violations in the circuit courts of this state. Such suits may be brought by any citizen of the state. An action for injunction shall be an alternative to, or in addition to, criminal proceedings. So…
SDCL § 34A-7-13 Application of chapter throughout state--Home rule ordinances permitted
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This chapter applies throughout the state, both within and without home rule units. Nothing in this chapter prohibits the enactment of litter control ordinances by home rule units but the requirements of such ordinances must be at least as stringent as those imposed by this chapt…
SDCL § 34A-7-14 Ordinances to regulate litter authorized
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Municipalities and counties may by ordinance regulate litter, provide penalties for violations of such ordinances, establish procedures for court appearances for violations, and provide penalties for failure to appear on a written promise. Source: SL 1976, ch 213 ; SDCL Supp, § 3…
SDCL § 34A-7-15 Arrest for violation of municipal litter ordinance--Notice to appear--Time--Refusal to give written promise to appear
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Except as otherwise provided, if any person is arrested for a violation of any municipal ordinance adopted pursuant to this chapter, the arresting law enforcement officer or other municipal enforcement officer shall take the name and address of the person and issue a complaint or…
SDCL § 34A-7-16 Enforcement and prosecution
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This chapter shall be enforced by all law enforcement officers including conservation officers in their respective jurisdictions, whether employed by the state or by any unit of local government. Prosecutions for violation of this chapter shall be conducted by the state's attorne…
SDCL § 34A-7-17 Punishment for litter with aggregate weight of over five pounds
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In addition to the penalties provided, any violation of § 34A-7-6 or 34A-7-7 that involves littering with an aggregate weight of more than five pounds is punishable by a fine not to exceed one thousand dollars, of which twenty percent shall be paid to any person who provides info…
SDCL § 34A-7-2 Receptacles in public places
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In order to assist the public in complying with this chapter, the owner or person in control of any property which is held out to the public as a place for assemblage, the transaction of business, recreation, or as a public way shall cause to be placed and maintained receptacles …
SDCL § 34A-7-3 Property where receptacles required
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For purposes of § 34A-7-2 , the term, property held out to the public for the transaction of business, includes commercially operated parks, campgrounds, drive-in restaurants, automobile service stations, business parking lots, car washes, shopping centers, marinas, boat launchin…
SDCL § 34A-7-6 Littering prohibited--Exceptions--Violation as misdemeanor
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No person may dump, deposit, drop, throw, discard, leave, cause or permit the dumping, depositing, dropping, throwing, discarding or leaving of litter upon any public or private property in this state, or upon or into any river, lake, pond, or other stream or body of water in thi…
Littering from motor vehicle prohibited--Transporting litter to highway or rest area receptacles prohibited--Violation as misdemeanor
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No person may dump, deposit, drop, throw, discard, or otherwise dispose of litter from any motor vehicle upon any public highway, upon any public or private property or upon or into any river, lake, pond, stream, or body of water in this state except as permitted by law. No perso…
SDCL § 34A-7-8 Motor vehicle littering as traffic violation--Forwarding of conviction report--Penalties not exclusive
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In addition to any penalty imposed under this chapter, a person convicted of violating § 34A-7-7 while operating a motor vehicle is considered to have been convicted of a moving traffic violation. A report of conviction of the provisions of this chapter shall be forwarded to the …
SDCL § 34A-7-9 Accumulation of litter on property prohibited--Violation as misdemeanor
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No person may allow litter to accumulate upon real property, of which the person charged is the owner or tenant in control, in such a manner as to constitute a public nuisance or in such a manner that the litter may be blown or otherwise carried by the natural elements onto the r…