Skip to content
The COVID Project
  1. Library
  2. Standing duties: South Dakota
  3. DUT-SD-005

Ex. DUT-SD-005 Standing duty Primary source read

SDCL ch. 34-16, Nuisances and Health Hazards (§§ 34-16-1, 34-16-2, 34-16-5, 34-16-19 to 34-16-21)

Act endangering public health as misdemeanor; release of disease germs as felony; access of health officers to places where a source of disease is suspected; notice to owner of nuisance or cause of sickness and abatement at owner's expense

South Dakota Legislature (codified statute) · South Dakota (State)

Open exhibit (PDF, 127 KB)Source (opens in a new tab)
The COVID Project

The record

Jurisdiction
South Dakota
Level
State
Authority
S.D. Codified Laws title 34, ch. 34-16 (Nuisances and Health Hazards)
Issued
2026-09-29 Sept. 29, 2026
Effective
standing (read as 2026-09-29)
End
standing
In force
Standing since Sept. 29, 2026 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Standing dutyOther
Addressees
  • persons generally; owners of property; occupants of any building or place where contagion exists or is suspected
Character
statutory duty
Collection
Standing duties: South Dakota DUT-SD

Operative words

Every person who intentionally commits any act which grossly endangers the public health is guilty of a Class 1 misdemeanor.... All members, officers, and employees of the state department and local boards of health shall have the right to enter any building, conveyance, or place where contagion, infection... exists or is reasonably suspected to exist.

Penalty

Class 1 misdemeanor (34-16-1): one year or $2,000 (Ex. DUT-SD-007); Class 2 felony for spreading disease germs with intent to infect (34-16-2); abatement at the owner's expense (34-16-20)

What it required

Every person is forbidden, on pain of a Class 1 misdemeanor, to commit any act which 'grossly endangers the public health' (34-16-1); State and local health officers may enter any 'building, conveyance, or place where contagion, infection... exists or is reasonably suspected to exist' (34-16-5); and the owner of property on which 'any nuisance, source of filth, cause of sickness or condition which endangers the public health is found' must take the corrective action stated in the county health officer's written notice or have it abated 'at the expense of the property owner' (34-16-19, -20).

Retrieval note

Sections 34-16-22 to 34-16-25 (county boards of health) are among the sections for which 'public health emergency' is defined in 34-22-41 (Ex. DUT-SD-001).

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.