State of South Dakota
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EIGHTY-SECOND SESSION LEGISLATIVE ASSEMBLY, 2007 |
943N0753 |
HOUSE BILL
NO.
1289
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Introduced by:
Representative DeVries and Senator Maher
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FOR AN ACT ENTITLED, An Act to
prohibit the negligent kindling of certain fires, to impose
financial liability for causing certain fires, and to provide penalties therefor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 34-35-9 be amended to read as follows:
34-35-9.
Every person who negligently kindles or causes to be kindled, fire in any woods,
brush, fields, marshes, or prairies and leaves it unquenched or who negligently or without full
precaution to prevent fire spreading permits it to spread beyond his control so as to endanger
the property of another, whether such fire is kindled upon his own land or not, or who, finding
any uncontrolled fire burning, fails to give immediate warning and to make reasonable attempt
to quench it, or who at any fire at any place is guilty of any disobedience to the lawful orders
of any public official or fireman attempting to control said fire, or who interferes with any such
officer in any such case or refuses to assist in controlling said fire, is guilty of a Class 1
misdemeanor.
No person may:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 34-35-9 be amended to read as follows:
34-35-9.
(1) Negligently kindle a fire, or cause a fire or explosion, whether by matches, lighters,
fireworks, use of tobacco products, combustible substances, or any other negligent
means, in any woods, brush, fields, marshes, or prairies and fail to control or quench
it prior to a fire department combating the fire; or
(2) Negligently, or without full precaution to prevent the fire spreading, permit a fire to
spread beyond the person's control so as to endanger the person or property of
another, and to require a fire department to combat the fire, whether such fire is
caused upon the person's own land or not; or
(3) Interfere with any public official or fireman in any such case.
Any violation of this Act is a Class 1 misdemeanor. Any person found guilty of violating
subsection (1) or (2) of this Act shall compensate the fire department for any unreimbursed costs
incurred in fighting the fire in addition to any other penalty imposed by the court.