It is unlawful for any person to consume or smoke cannabis in any public place including parks, sidewalks, streets, alleys, rights-of-way, sports complexes, publicly-owned property, or in any place that is open to the public.
(A) A place open to the public is a place in which the public is invited, included in, on, or around any place of business, parking lot, or place of amusement or entertainment, whether or not a charge of admission or entry thereto is required and includes the elevator, lobby, halls, corridors, and areas open to the public of any store, office or multifamily residential building, even if such place charges an admission or limits the number of admittees.
(B) Criminal penalty. Violation of the terms of this section may be enforced through a fine not to exceed the fine established by SDCL § 22-6-2(2) for each violation or by imprisonment for a period not to exceed 30 days for each violation, or by both the fine and imprisonment.
(Ord. Title XIII, Sec. 131.13, passed 6-17-2021)