South Dakota Codified Laws
Chapter 37 - Fireworks
Section 34-37-16 - Possession of unauthorized fireworks as misdemeanor--Seizure--Destruction.

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 shall be safely stored to be used as evidence.
Upon conviction of any person charged under this section, any seized fireworks shall be destroyed. If a person charged under this section is found not guilty, any seized fireworks shall be returned to the person.
This chapter does not apply to the transportation of fireworks by regulated carriers.

Source: SL 1964, ch 31, §12 (3); SL 1977, ch 190, §108; SL 2019, ch 154, §20, eff. Mar. 20, 2019.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 34 - Public Health and Safety

Chapter 37 - Fireworks

Section 34-37-1 - Definition of terms.

Section 34-37-2 - Licenses required for sale of fireworks--Application--Duration--Display--Violation as misdemeanor.

Section 34-37-2.1 - Minimum age for sale or dispensing of fireworks--Violation as misdemeanor.

Section 34-37-2.2 - Sales to out-of-state residents--Early and late season licenses--Copy of law and map provided with sale--Violation as misdemeanor.

Section 34-37-3 - Prohibited fireworks--Manufacture or use as misdemeanor.

Section 34-37-4 - Possession, sale, or use of unauthorized fireworks--Misdemeanor.

Section 34-37-5 - Consumer fireworks permissible--Use of unauthorized fireworks as misdemeanor.

Section 34-37-6 - Submission of fireworks for examination by department--Violation as misdemeanor.

Section 34-37-7 - Exemptions from chapter.

Section 34-37-8 - Unlicensed transportation of fireworks into state for sale--Misdemeanor.

Section 34-37-9 - Records to be kept by licensee--Inspection--Violation as misdemeanor.

Section 34-37-10 - Periods and time during which retail sales permitted--Violation as misdemeanor.

Section 34-37-10.1 - Sale from motor vehicle--Misdemeanor.

Section 34-37-10.2 - Exits from structures where fireworks sold--Violation as misdemeanor.

Section 34-37-10.3 - “No smoking” signs where fireworks sold--Smoking within fifty feet of location as misdemeanor.

Section 34-37-10.4 - Signs stating minimum distance for igniting fireworks--Igniting fireworks within minimum distance as misdemeanor.

Section 34-37-10.5 - Open flame on retail premises as misdemeanor--Fire extinguisher required.

Section 34-37-11 - Sale or use prohibited in forests, parks and other specified areas--Exception--Violation as misdemeanor.

Section 34-37-12 - Sales or shipment by wholesaler or manufacturer to persons outside of state--Violation as misdemeanor.

Section 34-37-12.1 - Evidence of delivery outside of state--Violation as misdemeanor.

Section 34-37-13 - Permit for use of display fireworks at event--Purchase and use requirements--Violation as misdemeanor.

Section 34-37-13.1 - Permit for use of consumer fireworks at event--Purchase and use requirements--Violation as misdemeanor.

Section 34-37-15 - Revocation, suspension, or nonrenewal of license.

Section 34-37-16 - Possession of unauthorized fireworks as misdemeanor--Seizure--Destruction.

Section 34-37-16.1 - Periods during which use of consumer fireworks permitted--Violation as misdemeanor.

Section 34-37-16.2 - Certain fireworks permitted all year.

Section 34-37-17 - Enforcement of chapter.

Section 34-37-18 - Record forms prescribed by secretary.

Section 34-37-19 - County regulation of fireworks--Use of South Dakota grassland fire danger index.