CHAPTER 42-8
WATERCRAFT
42-8-1 Safety and uniformity as policy of state.
42-8-1.1 42-8-1.1. Transferred to § 32-3A-1
42-8-1.2 Governor authorized to prohibit or restrict use of certain waterways.
42-8-1.3 Notice of restriction or prohibition.
42-8-1.4 Violation of prohibition or restriction as misdemeanor.
42-8-2 Definition of terms.
42-8-2.1 "Underway" defined.
42-8-3 42-8-3. Transferred to § 32-3A-3
42-8-4 42-8-4. Repealed by SL 1984, ch 273, § 14; SL 1984, ch 279, § 3
42-8-5 42-8-5 to 42-8-7. Transferred to §§ 32-3A-4 to 32-3A-6
42-8-8 42-8-8. Repealed by SL 1991, ch 357, § 1
42-8-8.1 42-8-8.1 to 42-8-8.4. Transferred to §§ 32-3A-7 to 32-3A-10
42-8-9 42-8-9. Repealed by SL 1984, ch 273, § 15
42-8-10 42-8-10. Transferred to § 32-3A-11
42-8-11 42-8-11. Repealed by SL 1984, ch 279, § 8
42-8-12 42-8-12. Repealed by SL 1998, ch 74, § 10
42-8-13 42-8-13, 42-8-14. Repealed by SL 1993, ch 322, §§ 10, 11
42-8-15 42-8-15, 42-8-16. Transferred to §§ 32-3A-12, 32-3A-13
42-8-17 42-8-17. Repealed by SL 1984, ch 279, § 14
42-8-18 42-8-18 to 42-8-19. Transferred to §§ 32-3A-14 to 32-3A-16
42-8-20 42-8-20. Repealed by SL 1979, ch 280, § 5
42-8-21 42-8-21. Transferred to § 32-3A-17
42-8-22 42-8-22. Repealed by SL 1984, ch 273, § 18; SL 1984, ch 279, § 16
42-8-23 42-8-23. Transferred to § 32-3A-18
42-8-24 42-8-24 to 42-8-30.1. Repealed by SL 1989, ch 375, §§ 2 to 9
42-8-31 42-8-31. Repealed by SL 1972, ch 231, § 5
42-8-32 42-8-32 to 42-8-38. Repealed by SL 1984, ch 273, §§ 19 to 25
42-8-39 Waste treatment requirements for kitchen and toilet facilities--Violation as misdemeanor.
42-8-40 42-8-40. Repealed by SL 1984, ch 273, § 26
42-8-41 Boats--Required equipment--Penalty.
42-8-42 Muffler required--Use of cutouts prohibited--Racing boats excepted.
42-8-43 42-8-43. Repealed by SL 1984, ch 273, § 29
42-8-44 42-8-44. Repealed by SL 1984, ch 273, § 30; SL 1984, ch 279, § 19
42-8-44.1 Allowable area of operation of diver in underwater activity--Display and design of diver-down flag--Violation as misdemeanor.
42-8-44.2 Operation of boat or other surface activity in diver's allowable area prohibited--Violation as misdemeanor.
42-8-44.3 42-8-44.3. Repealed by SL 1991, ch 186, § 46
42-8-45 Operation of boat under influence of alcohol or drugs as misdemeanor.
42-8-45.1 Arrest without a warrant--Probable cause.
42-8-45.2 Submission to breath test upon accident or violation--Chemical test.
42-8-45.3 Lawful use of drug no defense.
42-8-45.4 Amount of alcohol in blood--Presumptions.
42-8-45.5 Competent evidence not limited.
42-8-45.6 Operation of boat on public waters as consent to be tested.
42-8-45.7 Persons authorized to take breath or other bodily substance specimen--Liability.
42-8-45.8 Testing to be done under supervision of arresting officer--Breath test by person possessing permit.
42-8-45.9 Choice of additional testing.
42-8-45.10 Availability of test results.
42-8-45.11 Costs of testing and witness expenses as costs in the action.
42-8-46 Reckless operation of boat as misdemeanor.
42-8-47 42-8-47. Repealed by SL 1977, ch 190, § 630
42-8-48 Waterskiing and surfboarding prohibited during hours of darkness--Violation as misdemeanor.
42-8-49 Two persons required in boat towing skis or aquaplane--Exception for wide angle mirror--Violation as misdemeanor.
42-8-50 Skiing requirements waived for exhibitions and regattas.
42-8-51 Operation to cause collision by skier or surfboarder prohibited--Violation as misdemeanor.
42-8-52 Tampering with or unlawful operation of boat as misdemeanor.
42-8-53 42-8-53. Repealed by SL 1984, ch 273, § 31
42-8-54 Application for permission for regatta, race or exhibition--Conducting unauthorized event as misdemeanor.
42-8-55 42-8-55. Repealed by SL 1984, ch 273, § 32
42-8-56 Operator of boat involved in accident to render assistance to other persons--Violation as misdemeanor.
42-8-57 Operator of boat involved in accident to reveal identification--Violation as misdemeanor.
42-8-58 Notice of accident to be filed with department--Investigation of accidents--Violation as misdemeanor.
42-8-59 42-8-59. Repealed by SL 1983, ch 303, § 7
42-8-60 Records maintained by owners of boats for hire--Preservation and inspection of records--Violation as misdemeanor.
42-8-61 42-8-61. Repealed by SL 2015, ch 210, § 5.
42-8-62 42-8-62. Transferred to § 32-3A-19
42-8-63 Application by political subdivision for special rules applicable therein.
42-8-64 42-8-64, 42-8-65. Repealed by SL 1984, ch 273, §§ 34, 35
42-8-66 Enforcement of chapter by law enforcement officers--Stopping and boarding of boats.
42-8-67 Boundary waters--Concurrent jurisdiction with adjoining states.
42-8-68 Sailboards exempt.
42-8-69 Age requirement for driving certain motorboats--Violation as misdemeanor.
42-8-70 42-8-70. Repealed by SL 1993, ch 322, § 19
42-8-71 42-8-71 to 42-8-74. Transferred to §§ 32-3A-20 to 32-3A-23
42-8-75 42-8-75. Repealed by SL 1993, ch 322, § 36
42-8-76 42-8-76 to 42-8-101. Transferred to §§ 32-3A-24 to 32-3A-49
42-8-102 Personal watercraft--Rules of operation--Age requirement--Violation as misdemeanor.
42-8-103 Summons issued for violation punishable as Class 2 misdemeanor--Release upon promise to appear in court or bond--Violation as misdemeanor.
42-8-1. Safety and uniformity as policy of state.
It is the policy of this state to promote safety for persons and property in and connected with the use, operation, and equipment of boats and to promote uniformity of laws relating thereto.
Source: SL 1959, ch 125, § 1; SDC Supp 1960, § 25.1401; SL 1994, ch 335, § 14.
42-8-1.2. Governor authorized to prohibit or restrict use of certain waterways.
The Governor or the Governor's designee may prohibit or restrict the recreational use or navigation of any portion of any river, stream, lake, or other public waterway within the boundaries of the state in order to protect the public peace, health, and safety.
Source: SL 1994, ch 334, § 1.
42-8-1.3. Notice of restriction or prohibition.
The Governor or the Governor's designee, upon issuing a prohibition or restriction on the recreational use of waterways pursuant to § 42-8-1.2, shall direct one or more appropriate state or local government agencies to provide notice to the public of the restriction or prohibition. The notice shall be provided in a manner to reasonably notify potential users of the restriction or prohibition in one or more of the following forms:
(1) Erection of suitable barriers to restrict public use;
(2) Posted warnings and notice of the restriction or prohibition;
(3) Declaration by the Governor or other state or local officials;
(4) Publication or broadcast of the restriction or prohibition by state and local news media; or
(5) Other emergency methods that will provide reasonable notification.
Source: SL 1994, ch 334, § 2.
42-8-1.4. Violation of prohibition or restriction as misdemeanor.
Any person who intentionally fails to observe or obey any prohibition or restriction issued and implemented pursuant to §§ 42-8-1.2 and 42-8-1.3 is guilty of a Class 2 misdemeanor.
Source: SL 1994, ch 334, § 3.
42-8-2. Definition of terms.
Terms used in this chapter mean:
(1) "Boat," every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water;
(1A) "Boat dealer," any person or business who in the ordinary course of business sells new large boats or any person or business who in the ordinary course of business sells five or more used large boats in a year;
(2) "Commission," the Game, Fish and Parks Commission of this state acting directly or through its authorized officers;
(2A) "Department," the Department of Revenue;
(2B) "Large boat," any boat over twelve feet in length or a motorboat, used or capable of being used as a means of transportation on water, except canoes, inflatable boats, kayaks, sailboards, and seaplanes;
(3) "Motorboat," any boat propelled by machinery, whether or not such machinery is the principal source of propulsion, but does not include a boat which has a valid marine document issued by the commissioner of customs of the United States government or any federal agency successor thereto;
(3A) "Notation," a physical or electronic process of recording a lien on a certificate of title, a manufacturer's statement of origin, or a manufacturer's certificate of origin.
(4) "Operate," to navigate or otherwise use a boat;
(5) "Owner," a person, other than a lien holder, having the property in or title to a boat. The term includes a person entitled to the use or possession of a boat subject to an interest in another person reserved or created by agreement and securing payment or performance of an obligation, but the term excludes a lessee under a lease not intended as security;
(5A) "Personal watercraft," any motorboat that has an inboard or outboard motor powering a water jet pump or caged propeller as its primary source of motive power and is designed to be operated by a person standing on, kneeling on, sitting astride, or being towed behind the watercraft, and has the probability that the operator and passengers may in the normal course of use, fall overboard;
(6) "Racing boat," any boat designed and manufactured exclusively for racing;
(7) "Sailboard," any single-hulled boat equipped with an articulating mast and designed to be operated by a person standing on the board, maneuvering through the trim of the hand-held sail and distributing his body weight on the board; and
(8) "Waters of this state," any public waters within the territorial limits of this state and all waters which form a common boundary between this state and Minnesota, North Dakota, Montana, Wyoming, Iowa, or Nebraska.
Source: SL 1959, ch 125, § 2; SDC Supp 1960, § 25.1402; SL 1981, ch 306, § 1; SL 1984, ch 279, § 1; SL 1993, ch 322, § 3; SL 1993, ch 323, § 1; SL 1994, ch 335, § 1; SL 1998, ch 171, § 5; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.
42-8-2.1. "Underway" defined.
For purposes of this chapter a boat is underway if, while upon the public waters, it is not at anchor, aground, or made fast to the shore.
Source: SL 1992, ch 306, § 2.
42-8-39. Waste treatment requirements for kitchen and toilet facilities--Violation as misdemeanor.
Every boat equipped with kitchen or toilet facilities shall be so equipped and operated to handle or treat liquid and solid wastes in a manner that will prevent pollution of the receiving waters. A violation of this section is a Class 2 misdemeanor.
Source: SL 1959, ch 125, § 5; SDC Supp 1960, § 25.1405 (10); SL 1991, ch 186, § 43; SL 1994, ch 335, § 17.
42-8-41. Boats--Required equipment--Penalty.
No person may operate or give permission for the operation of a boat which is not equipped as required by rules adopted pursuant to § 32-3A-1. Neither the owner of a boat, nor the owner's agent or employee, may permit any motorboat or any boat to depart from the owner's premises unless it is provided, either by owner or renter, with the equipment required pursuant to such rules. A violation of this section is a Class 2 misdemeanor.
Source: SL 1959, ch 125, §§ 5, 7; SDC Supp 1960, §§ 25.1405 (13), 25.1407 (2); SL 1984, ch 273, § 27; SL 1994, ch 335, § 18; SL 2021, ch 186, § 7.
42-8-42. Muffler required--Use of cutouts prohibited--Racing boats excepted.
The exhaust of every internal combustion engine used on any motorboat shall be effectively muffled by equipment so constructed and used as to muffle the noise of the exhaust in a reasonable manner. The use of cutouts is prohibited, except for racing boats competing in a regatta or boat race approved as provided by rules adopted pursuant to § 32-3A-1, and for such racing boats while on trial runs, during a period not to exceed forty-eight hours immediately preceding a regatta or race and for motorboats while competing in official trials for speed records during a period not to exceed forty-eight hours immediately following a regatta or race. A violation of this section is a Class 2 misdemeanor.
Source: SL 1959, ch 125, § 8; SDC Supp 1960, § 25.1408; SL 1984, ch 273, § 28; SL 2021, ch 186, § 8.
42-8-44.1. Allowable area of operation of diver in underwater activity--Display and design of diver-down flag--Violation as misdemeanor.
Any diver using a self-contained underwater breathing apparatus, a forced air breathing line system, a snorkel, or any other means of underwater air supply for the purpose of underwater activity, operating in the waters of this state, except in an area from which all motorboats or sailboats are prohibited from operating, shall perform the activity within an imaginary cylinder extending downward from an imaginary circle formed on the surface of the body of water by revolving a seventy-five foot radius three hundred sixty degrees about a point marked by the display of a flag as provided by this section. The flag is referred to as the diver-down flag. The diver-down flag shall be a rectangle with a bright red field crossed by a diagonal white strip running from the upper-left corner to the bottom-right corner of the rectangle and shall be clearly visible and securely attached or anchored to a float, a rubber tube, a diver, or a boat. A violation of this section is a Class 2 misdemeanor.
Source: SL 1969, ch 103, § 1; SL 1983, ch 303, § 3; SL 1991, ch 186, § 44; SL 1998, ch 264, § 1.
42-8-44.2. Operation of boat or other surface activity in diver's allowable area prohibited--Violation as misdemeanor.
No watercraft under power with an internal combustion engine may be operated within the surface area described by such circle as prescribed by § 42-8-44.1, nor may any waterskiing or surfboarding or other surface activity potentially dangerous to the diver be performed in the area described by the circle, except when the craft or activity are a part of or related to the diving activity. A violation of this section is a Class 2 misdemeanor.
Source: SL 1969, ch 103, § 2; SL 1991, ch 186, § 45; SL 1998, ch 264, § 2.
42-8-45. Operation of boat under influence of alcohol or drugs as misdemeanor.
No person may operate a boat as defined in subdivisions 42-8-2(2B), (3), (5A), or (6) while underway on the public waters of the state while:
(1) There is 0.08 percent or more by weight of alcohol in that person's blood as shown by chemical analysis of that person's breath, blood, or other bodily substance;
(2) Under the influence of an alcoholic beverage, marijuana, or any controlled drug or substance not obtained pursuant to a valid prescription, or any combination of an alcoholic beverage, marijuana, or such controlled drug or substance;
(3) Under the influence of any controlled drug or substance obtained pursuant to a valid prescription, or any other substance, to a degree which renders the person incapable of safely driving or operating such boat;
(4) Under the combined influence of an alcoholic beverage and any controlled drug or substance obtained pursuant to a valid prescription, or any other substance, to a degree which renders the person incapable of safely driving or operating such boat; or
(5) Under the influence of any substance ingested, inhaled, or otherwise taken into the body as prohibited by § 22-42-15.
Any violation of this section is a Class 1 misdemeanor.
Source: SL 1959, ch 125, § 9; SDC Supp 1960, § 25.1409 (2); SL 1977, ch 190, § 628; SL 1983, ch 303, § 1; SL 1992, ch 306, § 1; SL 2002, ch 160, § 5; SL 2012, ch 208, § 1.
42-8-45.1. Arrest without a warrant--Probable cause.
A law enforcement officer may, without a warrant, arrest a person for a violation of the provisions of § 42-8-45 if the officer has probable cause to believe that the person to be arrested has been involved in an accident on the public waters of the state and has violated the provisions of § 42-8-45 and that the violation occurred prior to or immediately following the accident.
Source: SL 1992, ch 306, § 3; SL 2012, ch 208, § 2.
42-8-45.2. Submission to breath test upon accident or violation--Chemical test.
Any person operating a boat while underway on the public waters of the state which has been involved in an accident or which is operated in violation of any of the provisions of this chapter shall, at the request of a law enforcement officer, submit to a breath test to be administered by the officer. If the test indicates that the person has consumed alcohol, the law enforcement officer may require the person to submit to a chemical test in the manner set forth in this chapter.
Source: SL 1992, ch 306, § 4.
42-8-45.3. Lawful use of drug no defense.
The fact that any person charged with a violation of § 42-8-45 is or has been prescribed a drug under the laws of this state is not a defense against any charge of violating § 42-8-45.
Source: SL 1992, ch 306, § 5; SL 2012, ch 208, § 3.
42-8-45.4. Amount of alcohol in blood--Presumptions.
In any criminal prosecution for a violation of § 42-8-45, the amount of alcohol in the defendant's blood at the time alleged as shown by chemical analysis of the defendant's blood, breath, or other bodily substance gives rise to the following presumptions:
(1) If there was at that time five hundredths percent or less by weight of alcohol in the defendant's blood, a presumption arises that the defendant was not under the influence of an alcoholic beverage;
(2) If there was at that time in excess of five hundredths percent but less than eight hundredths percent by weight of alcohol in the defendant's blood, such fact does not give rise to any presumption that the defendant was or was not under the influence of an alcoholic beverage, but such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant; and
(3) If there was at that time eight hundredths percent or more by weight of alcohol in the defendant's blood, a presumption arises that the defendant was under the influence of an alcoholic beverage.
Percent by weight of alcohol in the blood is based upon milligrams of alcohol per 1.0 cubic centimeter of whole blood or 2100 cubic centimeters of deep lung breath.
Source: SL 1992, ch 306, § 6; SL 2002, ch 160, § 6; SL 2012, ch 208, § 4.
42-8-45.5. Competent evidence not limited.
The provisions of § 42-8-45.4 do not limit the introduction of any other competent evidence bearing upon the question whether or not the defendant was under the influence of an alcoholic beverage.
Source: SL 1992, ch 306, § 7; SL 2012, ch 208, § 5.
42-8-45.6. Operation of boat on public waters as consent to be tested.
Any person who operates a boat while underway on the public waters of the state in this state is considered to have given consent to the withdrawal of blood or other bodily substance and chemical analysis of the person's blood, breath, or other bodily substance to determine the amount of alcohol in the person's blood and to determine the presence of marijuana or any controlled drug or substance or any substance ingested, inhaled, or otherwise taken into the body as prohibited by § 22-42-15 or any other substance that may render a person incapable of safely operating a boat. The arresting law enforcement officer may, subsequent to the arrest of any operator for a violation of § 42-8-45, require the operator to submit to the withdrawal of blood or other bodily substances as evidence.
Source: SL 1992, ch 306, § 8; SL 2003, ch 168, § 3; SL 2012, ch 208, § 6.
42-8-45.7. Persons authorized to take breath or other bodily substance specimen--Liability.
Only a physician, laboratory technician, registered nurse, physician's assistant, phlebotomist, expanded role licensed practical nurse, medical technician, or medical technologist may withdraw blood for the purpose of determining the alcoholic content of the blood. This limitation does not apply to the taking of a breath or other bodily substance specimen. Such authorized persons, acting on the presumption of consent in § 42-8-45.6, and any hospital or facility employing such persons, are not liable and may not be held to pay damages to the party from whom the blood sample is withdrawn, if the withdrawal is administered with usual and ordinary care. No person authorized to withdraw blood under this section may be required or forced to withdraw blood for the purposes provided in this chapter, unless required pursuant to a written agreement.
Source: SL 1992, ch 306, § 9; SL 2012, ch 208, § 9.
42-8-45.8. Testing to be done under supervision of arresting officer--Breath test by person possessing permit.
To be considered valid under the provisions of this chapter, the withdrawal or chemical analysis shall be performed at the direction of a law enforcement officer having lawfully arrested the person for violation of § 42-8-45 and the chemical test analysis of the person's breath, if one is performed, shall have been performed according to methods approved by the director of laboratories and by an individual possessing a valid permit issued by the director of laboratories for this purpose. The director of laboratories may approve satisfactory techniques or methods to ascertain the qualifications and competence of individuals to conduct such analysis and issue permits which are subject to termination or revocation at the discretion of the director of laboratories.
Source: SL 1992, ch 306, § 10.
42-8-45.9. Choice of additional testing.
Any person tested pursuant to this chapter may have a physician, laboratory technician, registered nurse, physician's assistant, or medical technologist of the person's own choosing administer the chemical analysis in addition to the one administered at the direction of the law enforcement officer.
Source: SL 1992, ch 306, § 11; SL 2012, ch 208, § 7.
42-8-45.10. Availability of test results.
Upon the request of any person who was tested pursuant to this chapter or upon the request of the person's attorney, the results of such analysis shall be made available to the person or to the person's attorney.
Source: SL 1992, ch 306, § 12; SL 2012, ch 208, § 8.
42-8-45.11. Costs of testing and witness expenses as costs in the action.
In the case of a conviction under this chapter, the costs accrued for the withdrawal and chemical analysis of blood or other bodily substance and witness fees and expenses in connection therewith, shall be taxed by the court as costs in the action and shall, if the county is to have a lien for fees paid to counsel for an indigent, be included in the lien filed; otherwise it shall, with other costs as the court imposes, be entered in the judgment as provided in chapter 23A-27.
Source: SL 1992, ch 306, § 13.
42-8-46. Reckless operation of boat as misdemeanor.
No person may operate any boat in a reckless or negligent manner so as to endanger the life, limb, or property of any person. A violation of this section is a Class 1 misdemeanor.
Source: SL 1959, ch 125, § 9; SDC Supp 1960, § 25.1409 (1); SL 1977, ch 190, § 629; SL 1983, ch 303, § 2; SL 1994, ch 335, § 19.
42-8-48. Waterskiing and surfboarding prohibited during hours of darkness--Violation as misdemeanor.
No person may operate a boat on any waters of this state towing any person on water skis, a surfboard, or other devices, nor may any person engage in waterskiing, surfboarding, or similar activity at any time between the hours from one-half hour after sunset to one-half hour before sunrise. A violation of this section is a Class 2 misdemeanor.
Source: SL 1959, ch 125, § 12; SDC Supp 1960, § 25.1412 (2); SL 1983, ch 303, § 4; SL 1991, ch 186, § 47; SL 1991, ch 360; SL 1994, ch 335, § 20.
42-8-49. Two persons required in boat towing skis or aquaplane--Exception for wide angle mirror--Violation as misdemeanor.
No motorboat which has in tow or is otherwise assisting a person on water skis, aquaplane or similar contrivance, may be operated or propelled in or upon any waterway, unless such motorboat is occupied by at least two competent persons. However, this section does not apply to any motorboat equipped with a wide angle rear view mirror of not less than one hundred sixty degrees. A violation of this section is a Class 2 misdemeanor.
Source: SL 1959, ch 125, § 12; SDC Supp 1960, § 25.1412 (1); SL 1963, ch 143, § 3; SL 1991, ch 186, § 48.
42-8-50. Skiing requirements waived for exhibitions and regattas.
The provisions of §§ 42-8-48 and 42-8-49 do not apply to a performer engaged in a professional exhibition or a person or persons engaged in an activity authorized under § 42-8-54.
Source: SL 1959, ch 125, § 12; SDC Supp 1960, § 25.1412 (3).
42-8-51. Operation to cause collision by skier or surfboarder prohibited--Violation as misdemeanor.
No person may operate or manipulate any boat, tow rope, or other device by which the direction or location of water skis, a surfboard, or similar device may be affected or controlled in such a way as to cause the water skis, surfboard, or similar device, or any person thereon to collide with or strike against any object or person. A violation of this section is a Class 2 misdemeanor.
Source: SL 1959, ch 125, § 12; SDC Supp 1960, § 25.1412 (4); SL 1991, ch 186, § 49; SL 1994, ch 335, § 21.
42-8-52. Tampering with or unlawful operation of boat as misdemeanor.
Any person who tampers with the boat of another, with intent to injure the same, or cause inconvenience to the owner, or who takes and operates the boat or motorboat of another without the consent of the owner or person lawfully in charge thereof, under such circumstances as not to constitute theft, is guilty of a Class 1 misdemeanor.
Source: SL 1965, ch 117; SL 1977, ch 190, § 631; SL 1978, ch 158, § 71; SL 1983, ch 303, § 5; SL 1994, ch 335, § 22.
42-8-54. Application for permission for regatta, race or exhibition--Conducting unauthorized event as misdemeanor.
If a regatta, motorboat or other boat race, marine parade, tournament, or exhibition is proposed to be held, the person in charge of the event shall, at least fifteen days prior to the date of the event, file an application with the Department of Game, Fish and Parks for permission to hold the event. The application shall include the date, time, and location for the event. No such event may be conducted without authorization of the Game, Fish and Parks Commission in writing. Any person who conducts an event without the authorization of the Game, Fish and Parks Commission is guilty of a Class 2 misdemeanor.
Source: SL 1959, ch 125, § 13; SDC Supp 1960, § 25.1413 (1); SL 2015, ch 210, § 4.
42-8-56. Operator of boat involved in accident to render assistance to other persons--Violation as misdemeanor.
The operator of a boat involved in a collision, accident, or other casualty, so far as the operator can do so without serious danger to the operator's own boat, crew, and passengers, shall render to other persons affected by the collision, accident, or other casualty such assistance as may be practicable and as may be necessary in order to save them from or minimize any danger caused by the collision, accident, or other casualty. A violation of this section is a Class 2 misdemeanor.
Source: SL 1959, ch 125, § 10; SDC Supp 1960, § 25.1410 (1); SL 1991, ch 186, § 50; SL 1994, ch 335, § 23.
42-8-57. Operator of boat involved in accident to reveal identification--Violation as misdemeanor.
The operator of a boat involved in a collision, accident, or other casualty, shall give the operator's name, address and identification of the operator's boat in writing to any person injured and to the owner of any property damaged in the collision, accident, or other casualty. A violation of this section is a Class 2 misdemeanor.
Source: SL 1959, ch 125, § 10; SDC Supp 1960, § 25.1410 (1); SL 1991, ch 186, § 51; SL 1994, ch 335, § 24.
42-8-58. Notice of accident to be filed with department--Investigation of accidents--Violation as misdemeanor.
The operator of a boat on public waters shall, in the case of a collision or an accident resulting in damage to a boat or other property to an apparent extent of one thousand dollars or more to any one person's property or two thousand dollars or more in any one accident or resulting in death or injury to a person, immediately, by the quickest means of communication, give notice of the collision or accident to the nearest conservation officer or other law enforcement officer. The officer shall file with the Department of Game, Fish and Parks a full description of the collision or accident upon forms provided by the department and available from any state or county law enforcement agency. Notice of the collision or accident is not required of any person who is physically incapable of giving immediate notice during the period of such incapacity. If the operator of the boat is physically incapable of giving an immediate notice of a collision or accident and there was another occupant in the boat at the time of the collision or accident capable of doing so, such occupant shall make or cause to be given the notice not given by the operator. The secretary of game, fish and parks may investigate the circumstances of the accident. Any operator or occupant who fails to file a notice as required by this section is guilty of a Class 2 misdemeanor.
Source: SL 1959, ch 125, § 10; SDC Supp 1960, § 25.1410 (2); SL 1975, ch 267; SL 1983, ch 303, § 6; SL 1991, ch 186, § 52; SL 1991, ch 361; SL 1994, ch 335, § 25; SL 1997, ch 246, § 1; SL 2000, ch 213, § 1; SL 2003, ch 168, § 2.
42-8-60. Records maintained by owners of boats for hire--Preservation and inspection of records--Violation as misdemeanor.
The owner of a boat or boats for hire shall keep a record of the name and address of the person or persons hiring any boat; the identification number thereof; number of persons assigned to said boat; the departure date and time, and the expected time of return. The record shall be preserved for at least six months. Such records are subject to inspection at any time by any law enforcement officer. A violation of this section is a Class 2 misdemeanor.
Source: SL 1959, ch 125, § 7; SDC Supp 1960, § 25.1407 (1); SL 1991, ch 186, § 53; SL 1994, ch 335, § 26.
42-8-63. Application by political subdivision for special rules applicable therein.
Any subdivision of this state may after public notice make formal application to the Game, Fish and Parks Commission for rules with reference to the operation of boats on any waters within its territorial limits and shall set forth the reasons which make such rules necessary or appropriate.
Source: SL 1959, ch 125, § 14; SDC Supp 1960, § 25.1414 (2); SL 1994, ch 335, § 28.
42-8-66. Enforcement of chapter by law enforcement officers--Stopping and boarding of boats.
Any law enforcement officer of this state and its subdivisions may enforce the provisions of this chapter and in the exercise thereof shall have the authority to stop and board any boat subject to this chapter.
Source: SL 1959, ch 125, § 16; SDC Supp 1960, § 25.1416; SL 1994, ch 335, § 29.
42-8-67. Boundary waters--Concurrent jurisdiction with adjoining states.
For the purposes of this chapter, the courts and the conservation officers of this state have jurisdiction over the entire boundary waters of this state to the furthermost shorelines. The concurrent jurisdiction of the courts and administrative officers of the adjoining states of Minnesota, North Dakota, Montana, Wyoming, Iowa and Nebraska over all boundary waters between those states and this state, is hereby recognized.
Source: SL 1981, ch 306, § 2.
42-8-68. Sailboards exempt.
The provisions of this chapter may not apply to sailboards.
Source: SL 1984, ch 279, § 21.
42-8-69. Age requirement for driving certain motorboats--Violation as misdemeanor.
No owner of a motorboat which is propelled by a motor of more than six horsepower may allow any person under twelve years of age to operate such a motorboat unless such person is accompanied by a person of at least eighteen years of age. This section does not apply to personal watercraft as defined in § 42-8-2. A violation of this section is a Class 2 misdemeanor.
Source: SL 1990, ch 345; SL 1997, ch 246, § 2.
42-8-102. Personal watercraft--Rules of operation--Age requirement--Violation as misdemeanor.
No person may operate a personal watercraft:
(1) Unless each person aboard is wearing a wearable personal flotation device approved by the United States Coast Guard;
(2) That is equipped by the manufacturer with a lanyard type engine cutoff without attaching such lanyard to the person, clothing, or personal flotation device as appropriate for the specific watercraft;
(3) Between sunset and sunrise unless the personal watercraft is equipped with navigation lights as required by the Department of Game, Fish and Parks by rules promulgated pursuant to chapter 1-26;
(4) At greater than a slow-no-wake speed within one hundred fifty feet of any dock, swimmer, swimming raft, or nonmotorized boat. Slow-no-wake is the slowest possible speed necessary to maintain steerage, but in no case greater than five miles per hour;
(5) In other than a reasonable and prudent manner; and
(6) To chase or harass wildlife, or travel through emergent floating vegetation at greater than slow-no-wake speed.
Except in the case of an emergency, no person under the age of fourteen may operate or be permitted to operate a personal watercraft, regardless of horsepower, unless there is a person eighteen years of age or older on board the craft. No owner of a personal watercraft may permit the personal watercraft to be operated by such underage person. The provisions of this section do not apply to a performer engaged in a professional exhibition or a person preparing to participate or participating in an officially-sanctioned regatta, race, marine parade, tournament, or exhibition. A violation of this section is a Class 2 misdemeanor.
Source: SL 1993, ch 323, § 2; SL 1996, ch 259; SL 1997, ch 246, § 3; SL 2015, ch 221, § 1.
42-8-103. Summons issued for violation punishable as Class 2 misdemeanor--Release upon promise to appear in court or bond--Violation as misdemeanor.
If any resident of the state is arrested for a violation of any provision of this chapter or chapter 32-3A, punishable as a Class 2 misdemeanor, the arresting officer shall obtain the name and address of the person and information relative to the violation and issue the person a summons in writing to appear in court. The officer shall release the resident from custody upon receiving from the person a written promise to appear at the time and place designated by the officer.
If any nonresident is arrested for a violation of any provision of this chapter or chapter 32-3A, punishable as a Class 2 misdemeanor, the arresting officer shall obtain the name and address of the person and information relative to the violation. The arresting officer may issue the person a summons in writing to appear in court or may require the nonresident to furnish a bond in the amount set forth on the fine and bond schedule provided by the presiding circuit court judge, or in an amount set by a magistrate or judge for that offense, before being released from custody. If the officer issues the nonresident a summons in writing to appear in court the officer shall release the nonresident from custody upon receiving from the person a written promise to appear at the time and place designated by the officer.
Any person who intentionally violates the written promise to appear, given in accordance with the provisions of this section, is guilty of a Class 2 misdemeanor.
Source: SL 2006, ch 223, § 1.
