Title 42 — RECREATION AND SPORTS
14 chapters · 366 sections in this title.
Any violation of this section is a Class 1 misdemeanor
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Source: SL 1959, ch 125 , § 9; SDC Supp 1960, § 25.1409 (2); SL 1977, ch 190 , § 628; SL 1983, ch 303 , § 1; SL 1992, ch 306 , § 1; SL 2002, ch 160 , § 5; SL 2012, ch 208 , § 1.
Neither the owner of a boat, nor the owner's agent or employee, may permit any motorboat or any boat to depart from the owner's premises unless it is provided, either by owner or renter, with the equipment required pursuant to such rules
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A violation of this section is a Class 2 misdemeanor. Source: SL 1959, ch 125 , §§ 5, 7; SDC Supp 1960, §§ 25.1405 (13), 25.1407 (2); SL 1984, ch 273 , § 27; SL 1994, ch 335 , § 18; SL 2021, ch 186 , § 7.
SDCL § 42-8-1 Safety and uniformity as policy of state
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It is the policy of this state to promote safety for persons and property in and connected with the use, operation, and equipment of boats and to promote uniformity of laws relating thereto. Source: SL 1959, ch 125 , § 1; SDC Supp 1960, § 25.1401; SL 1994, ch 335 , § 14. 42-8-1.1…
Transferred to § 32-3A-1 42-8-1.2 Governor authorized to prohibit or restrict use of certain waterways
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42-8-1.3 Notice of restriction or prohibition. 42-8-1.4 Violation of prohibition or restriction as misdemeanor. 42-8-2 Definition of terms. 42-8-2.1 "Underway" defined. 42-8-3
SDCL § 42-8-1.2 Governor authorized to prohibit or restrict use of certain waterways
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The Governor or the Governor's designee may prohibit or restrict the recreational use or navigation of any portion of any river, stream, lake, or other public waterway within the boundaries of the state in order to protect the public peace, health, and safety. Source: SL 1994, ch…
SDCL § 42-8-1.3 Notice of restriction or prohibition
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The Governor or the Governor's designee, upon issuing a prohibition or restriction on the recreational use of waterways pursuant to § 42-8-1.2 , shall direct one or more appropriate state or local government agencies to provide notice to the public of the restriction or prohibiti…
SDCL § 42-8-1.4 Violation of prohibition or restriction as misdemeanor
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Any person who intentionally fails to observe or obey any prohibition or restriction issued and implemented pursuant to §§ 42-8-1.2 and 42-8-1.3 is guilty of a Class 2 misdemeanor. Source: SL 1994, ch 334 , § 3.
SDCL § 42-8-10 SDCL 42-8-10
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Transferred to § 32-3A-11 42-8-11
SDCL § 42-8-102 Personal watercraft--Rules of operation--Age requirement--Violation as misdemeanor
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No person may operate a personal watercraft: (1) Unless each person aboard is wearing a wearable personal flotation device approved by the United States Coast Guard; (2) That is equipped by the manufacturer with a lanyard type engine cutoff without attaching such lanyard to the p…
SDCL § 42-8-103 Summons issued for violation punishable as Class 2 misdemeanor--Release upon promise to appear in court or bond--Violation as misdemeanor
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If any resident of the state is arrested for a violation of any provision of this chapter or chapter 32-3A , punishable as a Class 2 misdemeanor, the arresting officer shall obtain the name and address of the person and information relative to the violation and issue the person a…
SDCL § 42-8-11 SDCL 42-8-11
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Repealed by SL 1984, ch 279 , § 8 42-8-12
SDCL § 42-8-12 Repealed by SL 1998, ch 74 , § 10 42-8-13 42-8-13 , 42-8-14
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Repealed by SL 1993, ch 322 , §§ 10, 11 42-8-15 42-8-15 , 42-8-16. Transferred to §§ 32-3A-12 , 32-3A-13 42-8-17
SDCL § 42-8-17 Repealed by SL 1984, ch 279 , § 14 42-8-18 42-8-18 to 42-8-19
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Transferred to §§ 32-3A-14 to 32-3A-16 42-8-20
SDCL § 42-8-2 Definition of terms
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Terms used in this chapter mean: (1) "Boat," every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water; (1A) "Boat dealer," any person or business who in the ordinary course of business sells new large…
SDCL § 42-8-2.1 "Underway" defined
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For purposes of this chapter a boat is underway if, while upon the public waters, it is not at anchor, aground, or made fast to the shore. Source: SL 1992, ch 306 , § 2. 42-8-3. Transferred to § 32-3A-3 42-8-4. Repealed by SL 1984, ch 273 , § 14; SL 1984, ch 279 , § 3 42-8-5 to 4…
SDCL § 42-8-20 SDCL 42-8-20
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Repealed by SL 1979, ch 280 , § 5 42-8-21
SDCL § 42-8-21 SDCL 42-8-21
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Transferred to § 32-3A-17 42-8-22
SDCL § 42-8-22 SDCL 42-8-22
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Repealed by SL 1984, ch 273 , § 18; SL 1984, ch 279 , § 16 42-8-23
Transferred to § 32-3A-18 42-8-24 42-8-24 to 42-8-30.1
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Repealed by SL 1989, ch 375 , §§ 2 to 9 42-8-31
SDCL § 42-8-3 SDCL 42-8-3
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Transferred to § 32-3A-3 42-8-4
SDCL § 42-8-31 Repealed by SL 1972, ch 231 , § 5 42-8-32 42-8-32 to 42-8-38
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Repealed by SL 1984, ch 273 , §§ 19 to 25 42-8-39 Waste treatment requirements for kitchen and toilet facilities--Violation as misdemeanor. 42-8-40
SDCL § 42-8-39 Waste treatment requirements for kitchen and toilet facilities--Violation as misdemeanor
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Every boat equipped with kitchen or toilet facilities shall be so equipped and operated to handle or treat liquid and solid wastes in a manner that will prevent pollution of the receiving waters. A violation of this section is a Class 2 misdemeanor. Source: SL 1959, ch 125 , § 5;…
SDCL § 42-8-4 Repealed by SL 1984, ch 273 , § 14; SL 1984, ch 279 , § 3 42-8-5 42-8-5 to 42-8-7
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Transferred to §§ 32-3A-4 to 32-3A-6 42-8-8
SDCL § 42-8-40 Repealed by SL 1984, ch 273 , § 26 42-8-41 Boats--Required equipment--Penalty
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42-8-42 Muffler required--Use of cutouts prohibited--Racing boats excepted. 42-8-43
SDCL § 42-8-41 Boats--Required equipment--Penalty
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No person may operate or give permission for the operation of a boat which is not equipped as required by rules adopted pursuant to §
SDCL § 42-8-42 Muffler required--Use of cutouts prohibited--Racing boats excepted
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The exhaust of every internal combustion engine used on any motorboat shall be effectively muffled by equipment so constructed and used as to muffle the noise of the exhaust in a reasonable manner. The use of cutouts is prohibited, except for racing boats competing in a regatta o…
SDCL § 42-8-43 SDCL 42-8-43
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Repealed by SL 1984, ch 273 , § 29 42-8-44
SDCL § 42-8-44 Repealed by SL 1984, ch 273 , § 30; SL 1984, ch 279 , § 19 42-8-44.1 Allowable area of operation of diver in underwater activity--Display and design of diver-down flag--Violation as misdemeanor
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42-8-44.2 Operation of boat or other surface activity in diver's allowable area prohibited--Violation as misdemeanor. 42-8-44.3
SDCL § 42-8-44.1 Allowable area of operation of diver in underwater activity--Display and design of diver - down flag--Violation as misdemeanor
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Any diver using a self - contained underwater breathing apparatus, a forced air breathing line system, a snorkel, or any other means of underwater air supply for the purpose of underwater activity, operating in the waters of this state, except in an area from which all motorboats…
SDCL § 42-8-44.2 Operation of boat or other surface activity in diver's allowable area prohibited--Violation as misdemeanor
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No watercraft under power with an internal combustion engine may be operated within the surface area described by such circle as prescribed by § 42-8-44.1 , nor may any waterskiing or surfboarding or other surface activity potentially dangerous to the diver be performed in the ar…
SDCL § 42-8-44.3 Repealed by SL 1991, ch 186 , § 46 42-8-45 Operation of boat under influence of alcohol or drugs as misdemeanor
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42-8-45.1 Arrest without a warrant--Probable cause. 42-8-45.2 Submission to breath test upon accident or violation--Chemical test. 42-8-45.3 Lawful use of drug no defense. 42-8-45.4 Amount of alcohol in blood--Presumptions. 42-8-45.5 Competent evidence not limited. 42-8-45.6 Oper…
SDCL § 42-8-45 Operation of boat under influence of alcohol or drugs as misdemeanor
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No person may operate a boat as defined in subdivisions 42-8-2(2B), (3), (5A), or (6) while underway on the public waters of the state while: (1) There is 0.08 percent or more by weight of alcohol in that person's blood as shown by chemical analysis of that person's breath, blood…
SDCL § 42-8-45.1 Arrest without a warrant--Probable cause
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A law enforcement officer may, without a warrant, arrest a person for a violation of the provisions of § 42-8-45 if the officer has probable cause to believe that the person to be arrested has been involved in an accident on the public waters of the state and has violated the pro…
SDCL § 42-8-45.10 Availability of test results
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Upon the request of any person who was tested pursuant to this chapter or upon the request of the person's attorney, the results of such analysis shall be made available to the person or to the person's attorney. Source: SL 1992, ch 306 , § 12; SL 2012, ch 208 , § 8.
SDCL § 42-8-45.11 Costs of testing and witness expenses as costs in the action
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In the case of a conviction under this chapter, the costs accrued for the withdrawal and chemical analysis of blood or other bodily substance and witness fees and expenses in connection therewith, shall be taxed by the court as costs in the action and shall, if the county is to h…
SDCL § 42-8-45.2 Submission to breath test upon accident or violation--Chemical test
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Any person operating a boat while underway on the public waters of the state which has been involved in an accident or which is operated in violation of any of the provisions of this chapter shall, at the request of a law enforcement officer, submit to a breath test to be adminis…
SDCL § 42-8-45.3 Lawful use of drug no defense
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The fact that any person charged with a violation of § 42-8-45 is or has been prescribed a drug under the laws of this state is not a defense against any charge of violating §
SDCL § 42-8-45.4 Amount of alcohol in blood--Presumptions
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In any criminal prosecution for a violation of § 42-8-45 , the amount of alcohol in the defendant's blood at the time alleged as shown by chemical analysis of the defendant's blood, breath, or other bodily substance gives rise to the following presumptions: (1) If there was at th…
SDCL § 42-8-45.5 Competent evidence not limited
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The provisions of § 42-8-45.4 do not limit the introduction of any other competent evidence bearing upon the question whether or not the defendant was under the influence of an alcoholic beverage. Source: SL 1992, ch 306 , § 7; SL 2012, ch 208 , § 5.
SDCL § 42-8-45.6 Operation of boat on public waters as consent to be tested
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Any person who operates a boat while underway on the public waters of the state in this state is considered to have given consent to the withdrawal of blood or other bodily substance and chemical analysis of the person's blood, breath, or other bodily substance to determine the a…
SDCL § 42-8-45.7 Persons authorized to take breath or other bodily substance specimen--Liability
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Only a physician, laboratory technician, registered nurse, physician's assistant, phlebotomist, expanded role licensed practical nurse, medical technician, or medical technologist may withdraw blood for the purpose of determining the alcoholic content of the blood. This limitatio…
SDCL § 42-8-45.8 Testing to be done under supervision of arresting officer--Breath test by person possessing permit
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To be considered valid under the provisions of this chapter, the withdrawal or chemical analysis shall be performed at the direction of a law enforcement officer having lawfully arrested the person for violation of § 42-8-45 and the chemical test analysis of the person's breath, …
SDCL § 42-8-45.9 Choice of additional testing
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Any person tested pursuant to this chapter may have a physician, laboratory technician, registered nurse, physician's assistant, or medical technologist of the person's own choosing administer the chemical analysis in addition to the one administered at the direction of the law e…
SDCL § 42-8-46 Reckless operation of boat as misdemeanor
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No person may operate any boat in a reckless or negligent manner so as to endanger the life, limb, or property of any person. A violation of this section is a Class 1 misdemeanor. Source: SL 1959, ch 125 , § 9; SDC Supp 1960, § 25.1409 (1); SL 1977, ch 190 , § 629; SL 1983, ch 30…
SDCL § 42-8-47 Repealed by SL 1977, ch 190 , § 630 42-8-48 Waterskiing and surfboarding prohibited during hours of darkness--Violation as misdemeanor
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42-8-49 Two persons required in boat towing skis or aquaplane--Exception for wide angle mirror--Violation as misdemeanor. 42-8-50 Skiing requirements waived for exhibitions and regattas. 42-8-51 Operation to cause collision by skier or surfboarder prohibited--Violation as misdeme…
SDCL § 42-8-48 Waterskiing and surfboarding prohibited during hours of darkness--Violation as misdemeanor
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No person may operate a boat on any waters of this state towing any person on water skis, a surfboard, or other devices, nor may any person engage in waterskiing, surfboarding, or similar activity at any time between the hours from one - half hour after sunset to one - half hour …
SDCL § 42-8-49 Two persons required in boat towing skis or aquaplane--Exception for wide angle mirror--Violation as misdemeanor
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No motorboat which has in tow or is otherwise assisting a person on water skis, aquaplane or similar contrivance, may be operated or propelled in or upon any waterway, unless such motorboat is occupied by at least two competent persons. However, this section does not apply to any…
SDCL § 42-8-50 Skiing requirements waived for exhibitions and regattas
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The provisions of §§ 42-8-48 and 42-8-49 do not apply to a performer engaged in a professional exhibition or a person or persons engaged in an activity authorized under §
SDCL § 42-8-51 Operation to cause collision by skier or surfboarder prohibited--Violation as misdemeanor
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No person may operate or manipulate any boat, tow rope, or other device by which the direction or location of water skis, a surfboard, or similar device may be affected or controlled in such a way as to cause the water skis, surfboard, or similar device, or any person thereon to …
SDCL § 42-8-52 Tampering with or unlawful operation of boat as misdemeanor
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Any person who tampers with the boat of another, with intent to injure the same, or cause inconvenience to the owner, or who takes and operates the boat or motorboat of another without the consent of the owner or person lawfully in charge thereof, under such circumstances as not …