34-37-1.Definition of terms. Terms used in this chapter mean: (1)”Consumer fireworks,” fireworks designed primarily to produce visible effects by combustion; that comply with the construction, chemical composition, and labeling regulations promulgated by the U.S. Consumer Product Safety Commission 16 C.F. R. Part 1507, effective January 1, 2019, and that are classified as 1.4G, UN0336 under […]
34-37-10. Periods and time during which retail sales permitted–Violation as misdemeanor. A person is guilty of a Class 1 misdemeanor if the person offers any fireworks for sale to any other person at retail other than during the period between June twenty-seventh and July fifth or during the period between December twenty-eighth and January first. […]
34-37-10.1. Sale from motor vehicle–Misdemeanor. A person is guilty of a Class 1 misdemeanor if the person sells any fireworks from a motor vehicle. Source: SL 1971, ch 207, §2; SL 2019, ch 154, §9, eff. Mar. 20, 2019.
34-37-10.2. Exits from structures where fireworks sold–Violation as misdemeanor. If the general public occupies a structure where fireworks are being displayed or sold, two or more approved exits shall be provided. If the general public does not occupy the structure that displays or sells fireworks, one or more approved exits shall be provided. A violation […]
34-37-10.3.”No smoking” signs where fireworks sold–Smoking within fifty feet of location as misdemeanor. 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 […]
34-37-10.4. Signs stating minimum distance for igniting fireworks–Igniting fireworks within minimum distance as misdemeanor. 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 […]
34-37-10.5. Open flame on retail premises as misdemeanor–Fire extinguisher required. 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 […]
34-37-11. Sale or use prohibited in forests, parks and other specified areas–Exception–Violation as misdemeanor. 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 […]
34-37-12. Sales or shipment by wholesaler or manufacturer to persons outside of state–Violation as misdemeanor. 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 […]
34-37-12.1. Evidence of delivery outside of state–Violation as misdemeanor. 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 carrier […]
34-37-13. Permit for use of display fireworks at event–Purchase and use requirements–Violation as misdemeanor. 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 […]
34-37-13.1. Permit for use of consumer fireworks at event–Purchase and use requirements–Violation as misdemeanor. 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 […]
34-37-15. Revocation, suspension, or nonrenewal of license. 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, […]
34-37-16. Possession of unauthorized fireworks as misdemeanor–Seizure–Destruction. 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 this section […]
34-37-16.1. Periods during which use of consumer fireworks permitted–Violation as misdemeanor. 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 […]
34-37-16.2. Certain fireworks permitted all year. 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 Association Standard 87-1, 2001 edition. Source: SL […]
34-37-17. Enforcement of chapter. 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.
34-37-18. Record forms prescribed by secretary. 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.
34-37-19. County regulation of fireworks–Use of South Dakota grassland fire danger index–Violation as misdemeanor. 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 […]
34-37-2. Licenses required for sale of fireworks–Application–Duration–Display–Violation as misdemeanor. 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 […]
