34A-7-15. Arrest for violation of municipal litter ordinance--Notice to appear--Time--Refusal to give written promise to appear.
Except as otherwise provided, if any person is arrested for a violation of any municipal ordinance adopted pursuant to this chapter, the arresting law enforcement officer or other municipal enforcement officer shall take the name and address of the person and issue a complaint or otherwise notify the person in writing to appear at a time and place to be specified in the complaint or notice. The time shall be at least five days after the arrest unless the person arrested demands an earlier hearing. If the person gives written promise to appear at the designated time and place, the officer shall release the person from custody. Any person refusing to give such written promise to appear may be prosecuted as in the manner of other violations of city ordinances.
Source: SL 1976, ch 214, §1; SDCL Supp, §34-16C-16.2; SL 2011, ch 165, §131.
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.