Terms used in this chapter mean:

(1) “Beverage,” beer or other malt beverages and mineral waters, soda water, and similar carbonated soft drinks in liquid form and intended for human consumption;

(2) “Beverage container,” the individual, separate, sealed glass, metal, or plastic bottle, can, jar, or carton containing a beverage;

(3) “Biodegradable,” degradable through a process by which fungi or bacteria secrete enzymes to convert a complex molecular structure to simple gasses and organic compounds;

(4) “Degradable,” capable of decomposing by biodegradation, photodegradation, or chemical process into harmless component parts after exposure to natural elements for not more than three hundred sixty-five days;

(5) “Litter,” any discarded, used, or unconsumed substance or waste, including any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspaper, magazines, glass, metal, plastic, or paper containers or other packaging construction material, abandoned motor vehicle, as defined in § 32-36-2, motor vehicle parts, furniture, oil, carcass of a dead animal, any nauseous or offensive matter of any kind, any object likely to injure any person or create a traffic hazard, or anything else of an unsightly or unsanitary nature, which has been discarded, abandoned or otherwise disposed of improperly;

(6) “Motor vehicle,” as that term is defined in § 32-36-2;

(7) “Photodegradable,” degradable through a process in which ultraviolet radiation in sunlight causes a chemical change in a material;

(8) “Secretary,” the secretary of the Department of Agriculture and Natural Resources of South Dakota.

Source: SL 1974, ch 242, § 1; SDCL Supp, § 34-16C-1; SL 1976, ch 214, §§ 3, 8, 10; SL 1989, ch 307, § 1; SL 1989, ch 308, § 1; SL 2011, ch 165, § 125; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.