34A-7-1. Definition of terms.
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.
Structure South Dakota Codified Laws
Title 34A - Environmental Protection
Chapter 07 - Litter Disposal And Control
Section 34A-7-1 - Definition of terms.
Section 34A-7-2 - Receptacles in public places.
Section 34A-7-3 - Property where receptacles required.
Section 34A-7-6 - Littering prohibited--Exceptions--Violation as misdemeanor.
Section 34A-7-9 - Accumulation of litter on property prohibited--Violation as misdemeanor.
Section 34A-7-11 - Injunction against continuing violators.
Section 34A-7-13 - Application of chapter throughout state--Home rule ordinances permitted.
Section 34A-7-14 - Ordinances to regulate litter authorized.
Section 34A-7-16 - Enforcement and prosecution.
Section 34A-7-17 - Punishment for litter with aggregate weight of over five pounds.