(A) Generally. It shall be unlawful for any person to throw, drop, cast or deposit upon any street, alley, sidewalk, lake, stream, river, pond, body of water or any yard or premises, public or private, any filth of any kind, or cans, paper, trash, paper containers, rubbish, bottles, or any form of litter or waste matter.
(B) Duty of business owners, occupants.
(1) Generally. The owner or occupant of any store or other place of business situated within the municipality shall exercise reasonable diligence at all times to keep his or her premises clean of wastepaper, wrapping paper, paper napkins, cartons, package containers, and other used or waste materials thrown or left on the premises, and to take reasonable measures to prevent the materials from drifting or blowing to adjoining premises.
(2) Receptacles. Garbage receptacles of sufficient size and number shall be kept accessible to all persons on the premises where the articles may be placed.
(3) Signs. Every business establishment shall place upon its premises in a conspicuous place, in close proximity to the receptacles referred to in division (B)(2) above, a sign which shall, in essence, convey to all persons a request that they use the receptacles for the separate disposal of garbage.
(C) Duty of person. It shall be unlawful for any person going upon the premises of another to in any manner dispose of wastepaper, wrapping paper, paper napkins, cartons, package containers, and other used or waste materials except in receptacles provided for the purposes.
(D) Removal of litter by municipality. If the occupant, person in charge or owner of any real property within 14 days fails to remove litter from real property after notice from the municipality to do so, the municipality may cause the litter to be removed and for the purpose may enter upon any real property. The cost of removal may be assessed against the real property.
(E) Litter on sidewalk. The owner or occupant of any lot or private ground abutting upon any public sidewalk shall not allow rubbish, debris or obstruction of any kind to be or remain on the sidewalk along the abutting property.
Penalty, see § 10.99
Statutory reference:
Arrest for violation of municipal litter ordinance; notice to appear; time; refusal to give written promise to appear, see SDCL § 34A-7-15
Littering prohibited, see SDCL §§ 34A-7-6 et seq.
Ordinances to regulate litter, see SDCL § 34A-7-14
Refuse in public places and streams, SDCL § 9-32-10