34A-7-6. Littering prohibited--Exceptions--Violation as misdemeanor. No person may dump, deposit, drop, throw, discard, leave, cause or permit the dumping, depositing, dropping, throwing, discarding or leaving of litter upon any public or private property in this state, or upon or into any river, lake, pond, or other stream or body of water in this state, unless:

(1) The property has been designated by the state or any of its agencies or political subdivisions, for the disposal of litter, and the litter is disposed of on that property in accordance with the applicable rules promulgated pursuant to chapter 1-26 by the Board of Minerals and Environment;

(2) The litter is placed into a receptacle or other container intended by the owner or tenant in lawful possession of that property for the deposit of litter;

(3) The person is the owner or tenant in lawful possession of the property or has first obtained the consent of the owner or tenant in lawful possession, or unless the act is done under the personal direction of the owner or tenant and does not create a public health or safety hazard, a public nuisance, or a fire hazard;

(4) The person is acting under the direction of proper public officials during special cleanup days; or

(5) The person is lawfully acting in or reacting to an emergency situation where health and safety is threatened, and removes and properly disposes of such litter when the emergency situation no longer exists.

A violation of this section is a Class 2 misdemeanor.

Source: SL 1974, ch 242, § 3; SDCL Supp, § 34-16C-10; SL 1986, ch 295, § 29; SL 1992, ch 158, § 44; SL 1993, ch 256, § 33.