32-30-1
Stopping or parking on rural highway prohibited--Violation as misdemeanor.
32-30-2
Standing or parked vehicles--Remaining space required--Unobstructed view
required--Violation as misdemeanor.
32-30-2.1
Position of parking on two-way road--Violation as misdemeanor.
32-30-2.2
Position of parking on one-way road--Violation as misdemeanor.
32-30-2.3
Angle parking by local ordinance--Commission concurrence required on
state or federal highways.
32-30-2.4
Stopping, standing, parking, or standing outside vehicle prohibited or
restricted where sign posted by department--Violation as misdemeanor.
32-30-2.5
Opening of doors on traffic side of stopped vehicle--Violation as petty
offense.
32-30-3
Removal of vehicles improperly parked or standing.
32-30-3.1
Removal of unattended vehicle by removal agency--Reporting requirements--Violation as misdemeanor.
32-30-3.2
Removal agency failing to report removal not entitled to fees.
32-30-4
Disabled vehicles excepted--Emergency lamps, flares and flags--Removal
of vehicle--Violation a misdemeanor.
32-30-5
Safeguarding of unattended vehicle--Violation as petty offense.
32-30-6
Places where standing and parking prohibited--Exception to discharge
passengers--Violation as petty offense.
32-30-6.1
Places where stopping prohibited--Violation as petty offense.
32-30-6.2
Places where parking prohibited--Exception for loading and unloading--Violation as petty offense.
32-30-6.3
Unauthorized movement of another vehicle into prohibited area--Violation
as petty offense.
32-30-7
Repealed.
32-30-8
Repealed.
32-30-9
Display of license required.
32-30-10
Confiscation of license plates upon conviction for violation of special
privileges.
32-30-11
Unauthorized use of disabled veteran's license as misdemeanor--Fine.
32-30-11.1
Persons with physical disabilities entitled to park without time limitation--Reserved spaces--Exceptions for fire-lane and rush-hour ordinances.
32-30-11.2
Report of improper use of special plates or certificates--Revocation of
privilege.
32-30-11.3
Use of privileges by persons not entitled to them as misdemeanor--Fines.
32-30-11.4
Unauthorized parking or stopping in designated space as misdemeanor--Fine.
32-30-11.5
Repealed.
32-30-11.6
Municipal designation of parking spaces for persons with disabilities.
32-30-11.7
Repealed.
32-30-11.8
Blocking access to reserved parking spaces or ramps as misdemeanor--Fine.
32-30-11.9
Signs to state penalties for illegal use of designated parking spaces--Certain
penalties apply although not stated.
32-30-12
Abandoned vehicles--Vehicles unattended for more than twenty-four hours.
32-30-12.1
Modification by municipal ordinance of abandoned vehicle provisions.
32-30-12.2
Abandonment of motor vehicle on public highway or right-of-way a
misdemeanor--Reasonable towing and storage fees--Suspension of fine.
32-30-13
Removal of abandoned vehicles.
32-30-14
Vehicles blocking traffic--Wrecked vehicles.
32-30-15
Notification to owner of removal of abandoned or wrecked vehicle--Recovery by owner--Disposal.
32-30-16 to 32-30-17.
Repealed.
32-30-18
Lien for costs of removal and storage of vehicle--Limit--Exception.
32-30-18.1
Owners of certain abandoned vehicles civilly liable for towing and storage
expenses.
32-30-19
Police to move vehicle to place of safety--When required.
32-30-20
Unsafe backing prohibited--Violation as misdemeanor.
32-30-21
Backing prohibited on controlled-access highway--Violation as
misdemeanor.
32-30-22
Repealed.
32-30-23
Removal of parking from municipal street--Approval of municipality and
transportation commission.
32-30-1. Stopping or parking on rural highway prohibited--Violation as misdemeanor.
No person may stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or improved or main-traveled portion of any highway, outside of a business or residence district, when it is practical to stop, park, or leave such vehicle standing off of the paved or improved or main-traveled portion of the highway. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0324; SL 1963, ch 256; SL 1970, ch 175, § 30; SL 1989, ch 255, § 201.
32-30-2. Standing or parked vehicles--Remaining space required--Unobstructed view required--Violation as misdemeanor.
No person may park or leave standing any vehicle, whether attended or unattended, upon any highway unless a clear or unobstructed width of not less than twenty feet upon the main-traveled portion of such highway opposite such standing vehicle shall be left for free passage of other vehicles thereon, nor unless a clear view of such vehicle may be obtained from a distance of two hundred feet in each direction upon such highway. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0324; SL 1963, ch 256; SL 1989, ch 255, § 202.
32-30-2.1. Position of parking on two-way road--Violation as misdemeanor.
Except as otherwise provided in §§ 32-30-2.2 to 32-30-2.4, inclusive, every vehicle stopped or parked upon a two-way roadway shall be so stopped or parked with the right-hand wheels parallel to and within twelve inches of the right-hand curb or edge of the roadway. A violation of this section is a Class 2 misdemeanor.
Source: SL 1970, ch 175, § 31, § 5; SL 1989, ch 255, § 203.
32-30-2.2. Position of parking on one-way road--Violation as misdemeanor.
Unless otherwise provided by local ordinance, every vehicle stopped or parked upon a one-way roadway shall be so stopped or parked parallel to the curb or edge of the roadway, in the direction of authorized traffic movement, with its right-hand wheels within twelve inches of the right-hand curb or edge of the roadway, or its left-hand wheels within twelve inches of the left-hand curb or edge of the roadway. A violation of this section is a Class 2 misdemeanor.
Source: SL 1970, ch 175, § 31, § 6; SL 1989, ch 255, § 204.
32-30-2.3. Angle parking by local ordinance--Commission concurrence required on state or federal highways.
Local authorities may by ordinance permit angle parking on any roadway, except that angle parking shall not be permitted on any federal-aid or state highway unless the transportation commission has determined by resolution or order entered in its minutes that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic.
Source: SL 1970, ch 175, § 31, § 7.
32-30-2.4. Stopping, standing, parking, or standing outside vehicle prohibited or restricted where sign posted by department--Violation as misdemeanor.
The Department of Transportation with respect to highways under its jurisdiction may promulgate rules pursuant to chapter 1-26 to prohibit or restrict the stopping, standing, or parking of vehicles or the presence of any person standing outside of a motor vehicle, on any highway or highway right-of-way if such stopping, standing, parking, or presence of any person standing is dangerous to those using the highway or if the stopping, standing, or parking of vehicles or the presence of persons outside of a motor vehicle would unduly interfere with the free movement of traffic on the highway. If such a rule is promulgated, the highway shall be signed to indicate where such stopping, standing, or parking is prohibited. The secretary of transportation may establish a temporary no parking zone, not to exceed ninety days, if the secretary of public safety and the secretary of transportation, after consultation with the director of the highway patrol, agree that a no parking zone is necessary for the protection of life and property. The signs are official signs and no person may stop, stand, or park any vehicle or stand outside a motor vehicle in violation of the restrictions stated on the signs. A violation of this section is a Class 2 misdemeanor.
Source: SL 1970, ch 175, § 31, § 8; SL 1987, ch 210, § 37; SL 1993, ch 239; SL 2004, ch 17, § 144; SL 2017, ch 42, § 3, eff. Mar. 13, 2017.
32-30-2.5. Opening of doors on traffic side of stopped vehicle--Violation as petty offense.
No person may open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor may any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers. A violation of this section is a petty offense.
Source: SL 1970, ch 175, § 31, § 14; SL 1989, ch 255, § 207.
32-30-3. Removal of vehicles improperly parked or standing.
If any peace officer finds a vehicle standing upon a highway in violation of the provisions of § 32-30-1, 32-30-2, or 32-30-4, he may move the vehicle or require the driver or person in charge of the vehicle to move the vehicle to a position permitted under said sections.
Source: SDC 1939, § 44.0324; SL 1989, ch 256, § 27.
32-30-3.1. Removal of unattended vehicle by removal agency--Reporting requirements--Violation as misdemeanor.
If any removal agency as defined by § 32-36-2 removes any unattended motor vehicle from a public street or highway and the removal is not at the written request of the owner, an authorized agent of the owner, or a law enforcement officer, the removal agency shall report the removal to the owner within twenty-four hours of removing the motor vehicle. However, if the removal agency is unable to contact the owner, the removal agency shall report the removal to the county sheriff, if the removal occurred outside any municipality, or to the chief of police, if the removal occurred inside any municipality, within twenty-four hours of removing the motor vehicle. Failure to make a report as provided by this section is a Class 2 misdemeanor.
Source: SL 2000, ch 161, § 1.
32-30-3.2. Removal agency failing to report removal not entitled to fees.
If a removal agency fails to make a report as required by § 32-30-3.1, the removal agency is not entitled to any towing or storage fees for the removed vehicle and no such towing or storage fees may be billed or collected by the removal agency.
Source: SL 2000, ch 161, § 2.
32-30-4. Disabled vehicles excepted--Emergency lamps, flares and flags--Removal of vehicle--Violation a misdemeanor.
The provisions of §§ 32-30-1 to 32-30-3, inclusive, do not apply to the driver of any vehicle which is disabled while on the paved, improved, or main-traveled portion of a highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving the vehicle in such position. If a vehicle is disabled, the driver shall activate all emergency lamps and, if the vehicle is required to be equipped with flags or flares, the flags or flares shall be deployed immediately. The driver or the person in charge of the vehicle shall make provisions to remove the vehicle in the most expeditious manner. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0324; SL 1989, ch 256, § 28.
32-30-5. Safeguarding of unattended vehicle--Violation as petty offense.
No person driving or in charge of a motor vehicle may permit it to stand unattended without effectively setting the brake thereon and, if standing upon any grade, turning the front wheel to the curb or side of the highway. A violation of this section is a petty offense.
Source: SDC 1939, § 44.0326; SL 1970, ch 175, § 30; SL 1971, ch 194; SL 1989, ch 255, § 208.
32-30-6. Places where standing and parking prohibited--Exception to discharge passengers--Violation as petty offense.
Unless necessary to avoid conflict with other traffic, or unless a police officer or official traffic control device has so directed, no person may stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:
(1) In front of a public or private driveway;
(2) Within fifteen feet of a fire hydrant;
(3) Within twenty feet of a crosswalk at an intersection;
(4) Within thirty feet upon the approach to any flashing signals, stop sign, yield sign, or traffic control signal located at the side of a roadway;
(5) Within twenty feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five feet of said entrance when properly signposted;
(6) At any place where official signs prohibit standing.
A violation of this section is a petty offense.
Source: SDC 1939, § 44.0325; SL 1970, ch 175, § 30; SL 1989, ch 255, § 209.
32-30-6.1. Places where stopping prohibited--Violation as petty offense.
Unless necessary to avoid conflict with other traffic, or unless a police officer or official traffic control device has so directed, no person may stop, stand or park a vehicle:
(1) On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
(2) On a sidewalk;
(3) Within an intersection;
(4) On a crosswalk;
(5) Between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings;
(6) Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic;
(7) Upon any bridge or other elevated structure upon a highway or with a highway tunnel;
(8) On any railroad tracks;
(9) At any place where official signs prohibit stopping.
A violation of this section is a petty offense.
Source: SL 1970, ch 175, § 31, § 1; SL 1989, ch 255, § 210.
32-30-6.2. Places where parking prohibited--Exception for loading and unloading--Violation as petty offense.
Unless necessary to avoid conflict with other traffic, or unless a police officer or official traffic control device has so directed, no person may park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers:
(1) Within fifty feet of the nearest rail of a railroad crossing;
(2) At any place where official signs prohibit parking.
A violation of this section is a petty offense.
Source: SL 1970, ch 175, § 31, § 2; SL 1989, ch 255, § 211.
32-30-6.3. Unauthorized movement of another vehicle into prohibited area--Violation as petty offense.
No person may move a vehicle not lawfully under his control into any such prohibited area or away from a curb such a distance as is unlawful. A violation of this section is a petty offense.
Source: SL 1970, ch 175, § 31, § 3; SL 1989, ch 255, § 212.
32-30-9. Display of license required.
Any license issued as provided in subdivision 32-5-157(2), shall be displayed prominently upon the motor vehicle while being parked by or under the direction of the veteran pursuant to § 32-30-11.1.
Source: SL 1955, ch 192, § 3; SDC Supp 1960, § 41.0512; SL 1992, ch 228, § 3; SL 2014, ch 142, § 35.
32-30-10. Confiscation of license plates upon conviction for violation of special privileges.
Upon conviction of any offense involving a violation of the special privilege conferred by § 32-30-11.1 upon holders of the distinctive license plates issued under subdivision 32-5-157(2), a magistrate or judge trying the case may, as a part of any penalty imposed, confiscate the distinctive license plates provided in subdivision 32-5-157(2), and return the license plates to the Department of Revenue together with a certified copy of the imposed sentence.
Source: SL 1955, ch 192, § 4; SDC Supp 1960, § 41.0512; SL 1992, ch 228, § 4; SL 2014, ch 142, § 36.
32-30-11. Unauthorized use of disabled veteran's license as misdemeanor--Fine.
Any person, other than the veteran to whom it was issued, who uses a disabled veteran's license of identification issued pursuant to subdivision 32-5-157(2) for the purpose of parking a motor vehicle as permitted by § 32-30-11.1, commits a Class 2 misdemeanor. The court shall assess a fine of not less than one hundred dollars if the parking space is marked in accordance with the Americans With Disabilities Act accessibility guidelines as of January 1, 2002.
Source: SL 1955, ch 192, § 5; SDC Supp 1960, § 41.9908; SL 1978, ch 158, § 57; SL 2002, ch 149, § 5; SL 2014, ch 142, § 37.
32-30-11.1. Persons with physical disabilities entitled to park without time limitation--Reserved spaces--Exceptions for fire-lane and rush-hour ordinances.
Any person with a physical disability, who displays special license plates issued under § 32-5-76 or subdivision 32-5-157(2), a serially numbered certificate issued under § 32-5-76.1 or 32-5-76.2, or a similar license plate or certificate issued in another state on a motor vehicle used in transporting that person, shall be entitled to park without limitation in areas where parking is normally restricted by time factors and to park in any space reserved for a person with a disability. However, a municipality may, by ordinance, prohibit parking on any street or highway for the purpose of creating a fire lane, or to provide for the accommodation of heavy traffic during morning and afternoon rush hours. The privileges extended to persons with disabilities do not apply on streets or highways where and during any time parking is prohibited.
Source: SL 1975, ch 97, § 1; SL 1979, ch 204, § 2; SL 1986, ch 267; SL 1989, ch 30, § 58; SL 2002, ch 149, § 6; SL 2014, ch 142, § 15.
32-30-11.2. Report of improper use of special plates or certificates--Revocation of privilege.
If the police of any municipality or any other political subdivision finds that special license plates or certificates are being improperly used, the police shall report such violation to the Department of Revenue which shall revoke the privilege of displaying license plates or certificates that are improperly used.
Source: SL 1975, ch 97, § 2; SL 1979, ch 204, § 3; SL 2002, ch 149, § 7.
32-30-11.3. Use of privileges by persons not entitled to them as misdemeanor--Fines.
Any person who is not a person with a physical disability and who exercises the privileges granted a person with a physical disability under § 32-30-11.1 commits a Class 2 misdemeanor. The court shall assess a fine of not less than one hundred dollars if the parking space is marked in accordance with the Americans With Disabilities Act accessibility guidelines as of January 1, 2002.
Source: SL 1975, ch 97, § 3; SL 1978, ch 158, § 58; SL 1994, ch 263; SL 2002, ch 149, § 8.
32-30-11.4. Unauthorized parking or stopping in designated space as misdemeanor--Fine.
The owner of any vehicle not displaying a serially numbered certificate or special license plate parked or stopped in a parking space, or blocking a parking space, on public or private property designated as reserved for a person with a physical disability commits a Class 2 misdemeanor. The court shall assess a fine of not less than one hundred dollars if the parking space is marked in accordance with the Americans With Disabilities Act accessibility guidelines as of January 1, 2002.
Source: SL 1978, ch 236, § 1; SL 1979, ch 204, § 4; SL 1992, ch 158, § 97; SL 1992, ch 229, § 1; SL 2002, ch 149, § 9.
32-30-11.6. Municipal designation of parking spaces for persons with disabilities.
Each municipality shall by ordinance, designate special parking spaces which shall be accessible to and usable by persons with physical disabilities. Each municipality may, by ordinance, designate parking spaces that are only for use by a person using a wheelchair. The parking spaces shall be designed in accordance with the Americans With Disabilities Act as amended on January 1, 2002.
Source: SL 1979, ch 204, § 6; SL 1996, ch 208; SL 2002, ch 149, § 11.
32-30-11.8. Blocking access to reserved parking spaces or ramps as misdemeanor--Fine.
No owner of a vehicle may park, stop, or stand in an access aisle or lane immediately adjacent to reserved parking spaces or in front of a ramp or curb-cut in such a manner that blocks access to a person with a disability who uses a wheelchair. A violation of this section is a Class 2 misdemeanor. The court shall assess a fine of not less than one hundred dollars if the parking space is marked in accordance with the Americans With Disabilities Act accessibility guidelines as of January 1, 2002.
Source: SL 2002, ch 149, § 10.
32-30-11.9. Signs to state penalties for illegal use of designated parking spaces--Certain penalties apply although not stated.
Each sign designating a parking space for a person with a physical disability shall state the penalty for illegal use of the parking space. This section only applies to a new sign or a sign that replaces an existing sign after July 1, 2002. However, any fine imposed pursuant to § 32-30-11.3, 32-30-11.4, or 32-30-11.8 applies whether or not the penalty is stated on the sign.
Source: SL 2002, ch 149, § 12; SL 2009, ch 159, § 1.
32-30-12. Abandoned vehicles--Vehicles unattended for more than twenty-four hours.
If any vehicle is left unattended on any public road, highway, or highway right-of-way of this state, for a longer period than twenty-four hours without notifying the sheriff, highway patrol office of the county, a peace officer of the municipality, or the appropriate municipal officials where the vehicle is parked it is an abandoned vehicle and is subject to the provisions of §§ 32-30-13 to 32-30-18, inclusive, or to chapter 32-36 for the purposes of being titled by a removal agency.
Source: SL 1967, ch 211, § 1; SL 1988, ch 270, § 2.
32-30-12.1. Modification by municipal ordinance of abandoned vehicle provisions.
The governing body of any municipality may by ordinance modify or change any provision of any of §§ 32-30-12 to 32-30-18, inclusive, to meet its needs or to clarify the duties of its peace officers.
Source: SL 1970, ch 180, § 1.
32-30-12.2. Abandonment of motor vehicle on public highway or right-of-way a misdemeanor--Reasonable towing and storage fees--Suspension of fine.
No person may abandon a motor vehicle on any public highway or right-of-way. A violation of this section is a Class 2 misdemeanor. Any person convicted of abandoning a motor vehicle shall be ordered to pay any reasonable towing and storage fees, if the person was notified pursuant to § 32-36-8. The court shall suspend the fine if the person pays for the towing and storage expenses.
Source: SL 2003, ch 174, § 2; SL 2005, ch 174, § 1.
32-30-13. Removal of abandoned vehicles.
Whenever any agent of the South Dakota Highway Patrol, sheriff, or peace officer of this state finds an abandoned vehicle such agent, sheriff, or peace officer is hereby authorized to provide for the removal of such vehicle to the nearest garage or place of safety.
Source: SL 1967, ch 211, § 2.
32-30-14. Vehicles blocking traffic--Wrecked vehicles.
A vehicle found attended or unattended upon a bridge, causeway, in any tunnel, or on the traveled portion of any roadway where the vehicle constitutes an obstruction and hazard to traffic or a vehicle which appears to have sustained reportable accident damage may be removed at any time and without regard to the provisions of § 32-30-1, 32-30-2, or 32-30-12.
Source: SL 1967, ch 211, § 2; SL 1989, ch 256, § 29.
32-30-15. Notification to owner of removal of abandoned or wrecked vehicle--Recovery by owner--Disposal.
Any removal agency as defined by § 32-36-2 which has removed an abandoned or wrecked vehicle pursuant to this chapter or a vehicle impounded pursuant to § 32-30-19 shall comply with the provisions of § 32-36-8 to notify the registered owner, and if encumbered, the lien holder of the vehicle. If no person claims the vehicle within thirty days of that notice, the provisions of §§ 32-36-9 and 32-36-11 shall apply to the disposal of the vehicle.
Source: SL 1967, ch 211, § 3; SL 1994, ch 264, § 1; SL 1998, ch 195, § 1.
32-30-18. Lien for costs of removal and storage of vehicle--Limit--Exception.
The sheriff, law enforcement officer, or removal agency taking custody of any vehicle under the provisions of §§ 32-30-12 to 32-30-15, inclusive, 32-30-19, and 32-36-4 has a possessory lien on the vehicle and the contents of the vehicle for the reasonable costs in taking custody and storing of the vehicle. No lien on the contents of the vehicle may exceed five hundred dollars. No possessory lien attaches to the tools and implements which a person uses and keeps for the purpose of carrying on his or her trade or business or to any clothing or food.
Source: SL 1967, ch 211, § 6; SL 1970, ch 180, § 1; SL 1989, ch 275; SL 1998, ch 195, § 2; SL 2001, ch 180, § 1; SL 2007, ch 185, § 1; SL 2018, ch 196, § 1.
32-30-18.1. Owners of certain abandoned vehicles civilly liable for towing and storage expenses.
Any owner of a motor vehicle who intentionally abandons a motor vehicle on any public highway or right-of-way is civilly liable to the removal agency for the expense of towing the motor vehicle. The owner is also civilly liable for any storage expense pursuant to § 32-36-8.
Source: SL 2003, ch 174, § 1; SL 2018, ch 196, § 2.
32-30-19. Police to move vehicle to place of safety--When required.
Any police officer may remove or cause to be removed to the nearest garage or other place of safety any vehicle found upon a highway when a report has been made that the vehicle has been stolen or taken without the consent of its owner, when the person or persons in charge of the vehicle are unable to provide for its custody or removal, or when the person driving or in control of the vehicle is arrested for an alleged offense for which the officer is required by law to take the person arrested before a judge or magistrate without unnecessary delay.
Source: SL 1970, ch 175, § 31, § 4; SL 1984, ch 12, § 30.
32-30-20. Unsafe backing prohibited--Violation as misdemeanor.
The driver of a vehicle may not back the vehicle unless such movement can be made with safety and without interfering with other traffic. A violation of this section is a Class 2 misdemeanor.
Source: SL 1970, ch 175, § 31, § 9; SL 1989, ch 255, § 205.
32-30-21. Backing prohibited on controlled-access highway--Violation as misdemeanor.
The driver of a vehicle may not back the vehicle upon any shoulder or roadway of any controlled-access highway. A violation of this section is a Class 2 misdemeanor.
Source: SL 1970, ch 175, § 31, § 10; SL 1989, ch 255, § 206.
32-30-23. Removal of parking from municipal street--Approval of municipality and transportation commission.
Notwithstanding the provisions of §§ 31-4-14, 31-32-13, and 32-30-2.4, no parking may be removed from a municipal street in a municipality with a population in excess of sixty thousand which is part of the state trunk highway system until that removal of parking has been approved by both the governing body of the municipality and the transportation commission. The governing body of the municipality and the transportation commission shall each provide an opportunity for a public hearing on the removal before approval is given.
Source: SL 1982, ch 219.
