South Dakota Codified Laws
Chapter 37 - Fireworks
Section 34-37-4 - Possession, sale, or use of unauthorized fireworks--Misdemeanor.

34-37-4. Possession, sale, or use of unauthorized fireworks--Misdemeanor.
Except as provided in §34-37-12, a person is guilty of a Class 1 misdemeanor if the person possesses, sells, offers for sale, brings into this state, or uses any pyrotechnics commonly known as fireworks, other than consumer fireworks.

Source: SL 1949, ch 41, §1; SDC Supp 1960, §13.1607-1; SL 1964, ch 31, §2; SL 1977, ch 190, §103; SL 2019, ch 154, §5, 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.