South Dakota Codified Laws 34-35-16. Permit required for open fire in Black Hills district–Violation as misdemeanor–Liability for civil damages
The starting of an open fire within the Black Hills Forest Fire Protection District by a person or a group of persons is prohibited unless a permit to do so is first obtained from the Department of Public Safety or from the United States Forest Service. An open fire as used in this section and § 34-35-17, is any fire to burn slash, brush, grass, stubble, debris, rubbish, or other inflammable material not enclosed in a stove, sparkproof incinerator, or an established fireplace approved or constructed by public agencies in designated recreation areas. A violation of this section is a Class 2 misdemeanor. Any person who violates this section is liable for civil damages for all injuries caused by the fire.
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 34-35-16
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
Source: SDC Supp 1960, §§ 25.1305, 25.1306 as enacted by SL 1966, ch 73, § 2; SL 1986, ch 289; SL 2002, ch 252 (Ex. Ord. 02-1), § 14; SL 2010, ch 178, § 1; SL 2015, ch 203, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 68, eff. Apr. 19, 2021.