Title 42 — RECREATION AND SPORTS

If a regatta, motorboat or other boat race, marine parade, tournament, or exhibition is proposed to be held, the person in charge of the event shall, at least fifteen days prior to the date of the event, file an application with the Department of Game, Fish and Parks for permissi…

42-8-57 Operator of boat involved in accident to reveal identification--Violation as misdemeanor. 42-8-58 Notice of accident to be filed with department--Investigation of accidents--Violation as misdemeanor. 42-8-58.1 Watercraft hit and run resulting in death or injury--Penalty. …

The operator of a boat involved in a collision, accident, or other casualty, so far as the operator can do so without serious danger to the operator's own boat, crew, and passengers, shall render to other persons affected by the collision, accident, or other casualty such assista…

The operator of a boat involved in a collision, accident, or other casualty, shall give the operator's name, address and identification of the operator's boat in writing to any person injured and to the owner of any property damaged in the collision, accident, or other casualty. …

The operator of a boat on public waters shall, in the case of a collision or an accident resulting in damage to a boat or other property to an apparent extent of one thousand dollars or more to any one person's property or two thousand dollars or more in any one accident or resul…

Any operator of a boat involved in an accident resulting in injury or death to any person, who fails to immediately stop the boat at the scene of the accident and comply with the provisions of §§ 42-8-56 through 42-8-58 , inclusive, is guilty of a Class 6 felony. Source: SL 2025,…

42-8-61

The owner of a boat or boats for hire shall keep a record of the name and address of the person or persons hiring any boat; the identification number thereof; number of persons assigned to said boat; the departure date and time, and the expected time of return. The record shall b…

42-8-62

42-8-64 42-8-64 , 42-8-65. Repealed by SL 1984, ch 273 , §§ 34, 35 42-8-66 Enforcement of chapter by law enforcement officers--Stopping and boarding of boats. 42-8-67 Boundary waters--Concurrent jurisdiction with adjoining states. 42-8-68 Sailboards exempt. 42-8-69 Age requiremen…

Any subdivision of this state may after public notice make formal application to the Game, Fish and Parks Commission for rules with reference to the operation of boats on any waters within its territorial limits and shall set forth the reasons which make such rules necessary or a…

Any law enforcement officer of this state and its subdivisions may enforce the provisions of this chapter and in the exercise thereof shall have the authority to stop and board any boat subject to this chapter. Source: SL 1959, ch 125 , § 16; SDC Supp 1960, § 25.1416; SL 1994, ch…

For the purposes of this chapter, the courts and the conservation officers of this state have jurisdiction over the entire boundary waters of this state to the furthermost shorelines. The concurrent jurisdiction of the courts and administrative officers of the adjoining states of…

The provisions of this chapter may not apply to sailboards. Source: SL 1984, ch 279 , § 21.

No owner of a motorboat which is propelled by a motor of more than six horsepower may allow any person under twelve years of age to operate such a motorboat unless such person is accompanied by a person of at least eighteen years of age. This section does not apply to personal wa…

Transferred to §§ 32-3A-20 to 32-3A-23 42-8-75

Transferred to §§ 32-3A-24 to 32-3A-49 42-8-102 Personal watercraft--Rules of operation--Age requirement--Violation as misdemeanor. 42-8-103 Summons issued for violation punishable as Class 2 misdemeanor--Release upon promise to appear in court or bond--Violation as misdemeanor.

Transferred to §§ 32-3A-7 to 32-3A-10 42-8-9

Repealed by SL 1984, ch 273 , § 15 42-8-10

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…

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…

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.

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.

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.

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…

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…

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…

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…

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)…

Terms used in this chapter mean: (1) "Engaging in an equine activity," riding, training, racing, assisting in medical treatment of, driving, or being a passenger upon an equine, whether mounted or unmounted or any person assisting a participant or show management. The term does n…

The warning notice shall appear on the sign in black letters, with each letter being a minimum of one inch in height. Each written contract entered into by an equine professional for the providing of professional services, instruction, or the rental of equipment or tack or an equ…

Nothing in this chapter prevents or limits the liability of an equine activity sponsor, an equine professional, or any other person if the equine activity sponsor, equine professional, or other person: (1) Provides the equipment or tack, and knew or should have known that the equ…

Nothing in this chapter prevents or limits the liability of an equine activity sponsor or equine professional for any injury involving an equine if the recovery is made pursuant to warranty or trespass. Source: SL 1993, ch 324 , § 4.

Each equine professional shall post and maintain the following sign: WARNING Under South Dakota law, an equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to §

Source: SL 2014, ch 209 , § 15.

The commission shall promulgate rules, pursuant to chapter 1-26 , to: (1) Govern the conduct of boxing, kickboxing, and mixed martial arts competitions, and sparring exhibitions; (2) Establish registration criteria and registration fees for all boxers, kickboxers, and mixed marti…

All fees collected pursuant to this chapter shall be placed in the boxing commission fund that is hereby established in the state treasury. All money deposited in the fund is continuously appropriated to pay for the administration of this chapter and for the compensation and expe…

Boxing, kickboxing, or mixed martial arts competitions or sparring exhibitions held in any city in this state shall be held in conformity to the ordinances of that city, in addition to the requirements of this chapter. No boxing, kickboxing, or mixed martial arts competition or s…

All boxing, kickboxing, or mixed martial arts or sparring exhibitions conducted by bona fide educational institutions or by national amateur boxing, kickboxing, or mixed martial arts associations or their local affiliates approved by the commission are exempt from the provisions …

No boxer, kickboxer, or mixed martial artist may participate in any competition or sparring exhibition without having a certificate of registration issued by the commission. Each boxer, kickboxer, or mixed martial artist shall submit an application upon a form prescribed by the c…

No manager, matchmaker, or promoter may participate in, facilitate, produce, stage, arrange, or profit from a competition or sparring exhibition without having a license issued by the commission. A manager, matchmaker, or promoter shall submit an application upon a form prescribe…

No competition or sparring exhibition may be held without having a certificate of registration issued by the commission. The commission shall prescribe the form and the fee for registration. Any person, competitor, club, corporation, association, or entity that participates in, f…

Any competition or sparring exhibition held in South Dakota shall keep any written records pertaining to the competition or sparring exhibition that may be required by the commission. The records shall be made available for inspection by a representative or agent of the commissio…

Any member of the commission, or its representative or agent, may freely enter upon and inspect a competition or sparring exhibition at the time and place set for the competition or sparring exhibition. Source: SL 2014, ch 209 , § 12.

Any assets, interest, revenues, income, and proceeds acquired from a competition or sparring exhibition held without having a certificate of registration issued by the commission are subject to forfeiture to the commission. Source: SL 2014, ch 209 , § 13.

If the commission determines that a person, club, corporation, association, or entity is in violation of this chapter or any rule promulgated pursuant to this chapter, the commission may take the following actions: (1) Deny an application for registration or licensure; (2) Suspen…

The commission may summarily suspend a registration or license in advance of a final adjudication or during the appeals process if the commission finds that a registrant or licensee represents a clear and immediate danger to the public safety or to the safety of other competitors…

Proceedings for the revocation or suspension of any registration or license shall be conducted pursuant to chapter 1-26 and any rules promulgated pursuant to this chapter. Source: SL 2014, ch 209 , § 16.

The findings and actions of the commission on disciplinary matters are subject to appeal as provided by chapter 1-26 and any rules promulgated pursuant to this chapter. Source: SL 2014, ch 209 , § 17.

Any person, club, corporation, association, or entity that has violated any provision of this chapter or any rule promulgated pursuant to this chapter is subject to the following penalties: (1) Administrative fine: (a) Boxer, kickboxer, or martial artist: any person registered by…