ENTITLED, An Act to provide a limited exception to the provisions that exempt sport shooting
ranges from the public nuisance laws and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 21-10-28 be amended to read as follows:
21-10-28. The use or operation of a sport shooting range may not be enjoined as a nuisance if
the range is in compliance with those statutes, regulations, and ordinances that applied to the range
and its operation at the time when the initial operation of the range commenced. The use or operation
of a sport shooting range may not be enjoined as a nuisance due to any subsequent change in any
local regulation or ordinance pertaining to the normal operation and use of sport shooting ranges.
However, if the usage or design of the range results in a significant threat to human life or private
habitations, a nuisance is constituted and an injunction may prescribe appropriate relief.
Section 2. That chapter 21-10 be amended by adding thereto a NEW SECTION to read as
As used in section 1 of this Act, a significant threat to human life or private habitations exists,
if shots or ricochets from a sport shooting range not infrequently strike or pass over private property
which is frequented by persons or where a private habitation exists. A significant threat to human
life or private habitations continues to exist unless or until shooting protocols are altered and
enforced or the shooting range is redesigned so that shots or ricochets no longer strike or pass over
private property as described in this section.
Section 3. That § 21-10-33 be amended to read as follows:
21-10-33. For the purposes of §§ 21-10-28 to 21-10-34, inclusive, a sport shooting range is an
area designed and operated for the use of rifles, shotguns, or pistols as a means of silhouette, skeet,
trap, black powder, or other sport shooting. A sport shooting range includes any shooting range
located on public or private land or operated by a private entity or by a public entity, and includes
a law enforcement shooting range.
Section 4. Whereas, this Act is necessary for the immediate preservation of the public peace,
health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.
An Act to provide a limited exception to the provisions that exempt sport shooting ranges from the
public nuisance laws and to declare an emergency.
I certify that the attached Act
originated in the
HOUSE as Bill No. 1234
Speaker of the House
President of the Senate
Secretary of the Senate
House Bill No. 1234
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
STATE OF SOUTH DAKOTA,
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
Secretary of State
Asst. Secretary of State