CHAPTER 95: RECREATION
Section
   95.01   Municipal park
   95.02   Sport shooting range
§ 95.01 MUNICIPAL PARK.
   (A)   Authority. This municipality shall have the authority to establish, improve, maintain, and otherwise regulate public parks pursuant to SDCL §§ 9-38-1 et seq.
(Prior Code, § 95.01)
   (B)   Control of park. Except as provided for by first- or second-class municipalities under a commission form of government the public parks of every municipality, whether within or without the limits of the municipality, shall be under the control and supervision of the governing body thereof unless a Park Board shall have been created as provided in this pursuant to SDCL Ch. 9-38.
(Prior Code, § 95.02)
   (C)   Athletic facilities; fees; Park Fund.
      (1)   A municipality may establish, maintain, and operate golf courses, tennis courts, ball grounds, and other athletic amusements, and necessary facilities in connection therewith, as a part of its park system, and charge fees for the use thereof.
      (2)   All fees received under this section and any other money received for use of the Board including tax revenues which may be appropriated for park purposes shall be kept in a special Park Fund and shall be paid upon requisition by the President and Secretary of the Board and warrant drawn and executed as other warrants.
(Prior Code, § 95.03)
§ 95.02 SPORT SHOOTING RANGE.
   (A)   Definition. For the purpose of this chapter, the following definition applies unless the context clearly indicates or requires a different meaning.
      SPORT SHOOTING RANGE. 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 a law enforcement shooting range.
(Prior Code, § 95.15)
   (B)   Operation and use of any sport shooting range.
      (1)   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 statute, regulation, or ordinance pertaining to the normal operation and use of sport shooting ranges.
      (2)   The use or operation of a sport shooting range may not be enjoined as a nuisance by a person who acquires title to real property adversely affected by the normal operation and use of a sport shooting range which commenced operation prior to the time the person acquired title.
      (3)   The provisions of SDCL §§ 21-10-28 through 21-10-34 do not apply to any recovery for any act or omission relating to the operation or use of any sport shooting range based on negligent, willful, or wanton misconduct.
      (4)   The provisions of SDCL §§ 21-10-28 through 21-10-34 do not apply if there has been a substantial change in the primary use of the sporting range.
(Prior Code, § 95.16)
Penalty, see § 10.99
Statutory reference:
   Related provisions, see SDCL §§ 21-10-28, 21-10-29, 21-10-30, 21-10-31, and 21-10-33