South Dakota Codified Laws 41-9-1.5. Motorized vehicles not to be used in hunting from highways–Restrictions
In order to protect the public safety, it is the intent of the Legislature that hunting from highways or other public rights–of–way be accomplished without the use of motorized vehicles. Therefore, the following restrictions apply to such hunting:
(1) No person hunting small game from any highway or other public right–of–way pursuant to § 41-9-1.1 may discharge a firearm at any small game animal unless the motor vehicle by which the person has been transported to the hunting location has, to the maximum extent practical, been parked off the main traveled portion of the highway or public right–of–way in a manner that does not create an unreasonable risk of injury or damage to other persons or property using the highway or public right–of–way;
Attorney's Note
Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 2 misdemeanor | up to 30 days | up to $500 |
Terms Used In South Dakota Codified Laws 41-9-1.5
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
(2) If the person who discharges the firearm is more than fifty yards from the vehicle, the doors on the side of the vehicle nearest the roadway shall be closed, but the engine may be running; and
(3) If the person who discharges the firearm is less than fifty yards from the vehicle, all of the vehicle doors shall be closed and the engine shall be turned off.
A violation of this section is a Class 2 misdemeanor.
Source: SL 2003, ch 225, § 2.