21-10-26. Logging slash defined. For the purposes of this section and §21-10-27, the term “logging slash” is logging debris consisting of treetops, limbs, cull logs, and other separate vegetation remaining after harvest which has no commercial value. Logging slash shall be treated by lopping and scattering the vegetation, by removal from the site or by […]
21-10-27. Abandonment of logging slash as public nuisance–Penalty. The abandonment of untreated logging slash in a timber harvesting operation consisting of ten acres or more is a public nuisance. Abandonment of untreated logging slash in a timber harvesting operation of ten acres or more is a Class 1 misdemeanor. Source: SL 1989, ch 187, §2.
21-10-28. Use or operation of sport shooting range. The use or operation of a sport shooting range may not be enjoined as a nuisance if the range is in compliance with those statutes, regulations, and ordinances that applied to the range and its operation at the time when the initial operation of the range commenced. […]
21-10-28.1. Significant threat to human life or private habitations. As used in §21-10-28, a significant threat to human life or private habitations exists, if shots or ricochets from a sport shooting range not infrequently strike or pass over private property which is frequented by persons or where a private habitation exists. A significant threat to […]
21-10-29. Injunction not available to certain adversely affected property owners. The use or operation of a sport shooting range may not be enjoined as a nuisance by a person who acquires title to real property adversely affected by the normal operation and use of a sport shooting range which commenced operation prior to the time […]
21-10-3. Public and private nuisances defined. A public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon the individuals may be unequal. Every other nuisance is private. Source: CivC 1877, §§2048, 2049; CL 1887, […]
21-10-30. Recovery based on negligence or willful or wanton misconduct not precluded. The provisions of §§21-10-28 to 21-10-34, inclusive, do not apply to any recovery for any act or omission relating to the operation or use of any sport shooting range based on negligence or willful or wanton misconduct. Source: SL 1999, ch 113, §3.
21-10-31. Provisions inapplicable where substantial change in primary use has occurred. The provisions of §§21-10-28 to 21-10-34, inclusive, do not apply if there has been a substantial change in the primary use of a sport shooting range. Source: SL 1999, ch 113, §4.
21-10-32. Regulation of sport shooting ranges not prohibited. Sections 21-10-28 to 21-10-34, inclusive, do not prohibit a local government from regulating the location and construction of sport shooting ranges after July 1, 1999. Source: SL 1999, ch 113, §5.
21-10-33. Sport shooting range defined. For the purposes of §§21-10-28 to 21-10-34, inclusive, a sport shooting range is an area designed and operated for the use of rifles, shotguns, or pistols as a means of silhouette, skeet, trap, black powder, or other sport shooting. A sport shooting range includes any shooting range located on public […]
21-10-34. Prospective application of §§21-10-28 to 21-10-33. The provisions of §§21-10-28 to 21-10-34, inclusive, apply prospectively and do not apply to any action filed before July 1, 1999. Source: SL 1999, ch 113, §7.
21-10-4. Public nuisance not legalized by lapse of time. No lapse of time can legalize a public nuisance, amounting to an actual obstruction of public right. Source: CivC 1877, §2053; CL 1887, §4687; RCivC 1903, §2399; RC 1919, §2072; SDC 1939 & Supp 1960, §37.4704.
21-10-5. Remedies against nuisances enumerated. Remedies against any nuisance are: (1)A civil action; (2)Abatement; and (3)In cases of public nuisance only, the additional remedy of indictment or information as prescribed by statute and rules relating thereto. Source: CivC 1877, §§2054, 2055, 2059; CL 1887, §§4688, 4689, 4693; RCivC 1903, §§2400, 2401, 2405; RC 1919, §§2073, […]
21-10-6. Abatement of nuisance–Notice required–Taxing cost of abatement–Civil action. A public nuisance may be abated without civil action by any public body or officer as authorized by law. Any municipality, county, or township may defray the cost of abating a public nuisance by taxing the cost thereof by assessment against the real property on which […]
21-10-7. Damages for past injury recoverable after abatement. The abatement of a nuisance does not prejudice the right of any person to recover damages for its past existence. Source: CivC 1877, §2052; CL 1887, §4686; RCivC 1903, §2398; RC 1919, §2071; SDC 1939 & Supp 1960, §37.4706.
21-10-8. Liability of successive owners for continuing nuisance. Every successive owner of property who neglects to abate a continuing nuisance upon, or in the use of, such property, created by a former owner, is liable therefor in the same manner as the one who first created it. Source: CivC 1877, §2051; CL 1887, §4685; RCivC […]
21-10-9. Persons entitled to maintain civil action against nuisance–Injunction and damages recoverable. The remedy by civil action against public nuisance may be maintained by any public body or officer authorized thereto by law or official duty, or by any private person if it is specially injurious to himself. Such remedy also may be used by […]
