TITLE 7 -- TRAFFIC CODE
Chapter 7.01 - General Provisions
Chapter 7.02 - Operation of Vehicles
Chapter 7.03 - Vehicle Equipment
Chapter 7.04 - Speed Restrictions
Chapter 7.05 - Parking, Stopping
Chapter 7.06 - Trucks
Chapter 7.07 - Snowmobiles
Chapter 7.08 - Miscellaneous Provisions
CHAPTER 7.01 - GENERAL PROVISIONS
7.01.01 Duty to Enforce. It shall be the duty of law enforcement officers to enforce these traffic regulations and all of the state vehicle laws applicable to street traffic in the City, to make arrests for traffic violations, to investigate accidents and to cooperate with other officials in the administration of these traffic laws. (SDCL 9-29-19)
7.01.02 Directing Traffic. Law enforcement officers shall direct traffic in conformance with traffic laws and ordinances provided that in the event of a fire or other emergency, or to expedite traffic or to safeguard pedestrians, Fire Department personnel may direct traffic as conditions may require.
7.01.03 Obedience to Enforcement. No person shall refuse or attempt to elude or flee or otherwise fail to comply with any lawful order, signal or direction of any law enforcement officer, or refuse to submit to any lawful inspection or fail to comply with the provisions or requirements of any warning ticket issued under this Title. When the driver of a motor vehicle, who flees or eludes a law enforcement officer is unknown, the vehicle will be subject to a civil penalty of two hundred fifty dollars (SDCL 32-33).
7.01.04 Exemptions to Authorized Emergency Vehicles. The provisions of this Title regulating the movement, parking, and standing of vehicles shall not apply to authorized emergency vehicles while the operator of such vehicle is operating the same in an emergency in the necessary performance of public duties. This exemption shall not, however, exempt the driver of any such vehicle from the consequence of a reckless disregard of the safety of others.
7.01.05 Application to Workers and Equipment. The provisions of this Title shall not apply to persons, motor vehicles and other equipment while actually engaged in work upon the surface of a street, but shall apply to such persons and vehicles when traveling to or from such work; provided however, such persons and vehicles shall not indiscriminately block traffic, but shall allow reasonable room on the traveled portion of the street for other vehicles to pass.
7.01.06 Authority to Install Traffic Control Devices. The City Council shall place and maintain traffic control signs, signals, and devices when and as required under this Title to make effective the provisions of said Title, and may place and maintain such additional traffic control devices as may be necessary to regulate traffic. (SDCL 32-14-5)
7.01.07 Definitions. For the purposes of this Title, the following terms are hereby defined:
A. "Authorized Emergency Vehicle" shall mean vehicles of any fire department, law enforcement vehicles, and such ambulances and emergency vehicles of municipal department or public service corporations as are designated or authorized by the City Council.
B. "Law Enforcement Officer" shall mean any police officer or other law enforcement personnel approved by the City Council to enforce the provisions of the ordinances of the City.
C. "Motor Vehicle" shall mean every vehicle, as herein defined, which is self-propelled.
D. "Operator" shall mean any person who is in actual physical control of a vehicle.
E. "Parking" shall mean the standing of a vehicle whether attended or unattended, upon a roadway or street otherwise than temporarily for the purpose of and while actually engaged in loading or unloading, or in obedience to traffic regulations or traffic signs and signals.
F. "Vehicle" shall mean every device in, upon or by which any person or property is or may be transported or drawn upon a public highway.
7.01.08 Obedience to Traffic Control Devices. The operator of any vehicle shall obey the instructions of any official traffic control device applicable thereto placed or held in accordance with the provisions of this Title unless otherwise directed by a law enforcement officer subject to the exceptions granted the driver of an authorized emergency vehicle in this Chapter.
CHAPTER 7.02 - OPERATION OF VEHICLES
7.02.01 Driver's License Required. It shall be unlawful for any person to drive or operate, upon any of the streets or highways within the City, any motor vehicle without first securing and possessing a valid license or permit to do so.
7.02.02 License Plates. No person shall operate or drive a motor vehicle within the City without having conspicuously displayed thereon number license plates as required by state law, securely fastened, and which shall be kept free from mud, dirt or other obstruction so that the numbered license plates shall be clearly legible by other persons upon the highway.
7.02.03 Drive on Right Side of Street. Upon all streets the operator of a vehicle shall drive the same upon the right half of the street and shall drive a slow-moving vehicle as closely as possible to the right-hand edge or curb of a street unless it is impractical to travel on such side of the street, and except when overtaking and passing another vehicle subject to the limitations applicable to overtaking and passing set forth in this Title. (SDCL 36-26-1)
7.02.04 Vehicles Shall Not Be Driven on Sidewalk. The operator of any vehicle except bicycles shall not drive within any sidewalk area except at a permanent or temporary driveway. (SDCL 32-26-21.1)
7.02.05 Operation of Vehicles on Approach of Authorized Emergency Vehicle. Upon the approach of any authorized emergency vehicle or vehicles giving audible signal by lights or siren, the operator of every other vehicle shall immediately drive the same to a position as near as possible and parallel to the right-hand edge or curb of the street, clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle or vehicles shall have passed, unless otherwise directed by a law enforcement officer. (SDCL 32-31-6)
It shall be unlawful for the driver of any vehicle, other than one on official business, to follow (closer than 500 feet) any fire apparatus, or to park any vehicle within the block where such fire apparatus has stopped to answer a fire alarm. It shall be further unlawful for the driver of any vehicle to drive over any unprotected hose of the Fire Department without the consent of authorized personnel. (SDCL 32-31-7)
7.02.06 Unsafe Backing Up. It shall be unlawful for the operator of any vehicle to unsafely back such vehicle. (SDCL 32- 30-20)
7.02.07 Reckless Driving. Any person who drives any vehicle upon a street, avenue, or alley carelessly and heedlessly in disregard of the rights or safety of others, or without due caution, and at a speed or in a manner so as to endanger or be likely to endanger any person or property, shall be guilty of reckless driving.
7.02.08 Careless Driving. Any person who drives any vehicle carelessly and without due caution, at a speed or in a manner so as to endanger any person or property, not amounting to reckless driving as defined in the previous Section, shall be guilty of careless driving.
7.02.09 Exhibition Driving. Any person who drives any vehicle within the limits of the City in such a manner that creates or causes unnecessary engine noise, tire squeal, skid or slide upon acceleration or stopping; or that simulates a temporary race, or that causes the vehicle to unnecessarily turn abruptly or away, shall be guilty of exhibition driving.
7.02.10 Right-of-Way at Intersection. The right-of-way rule as between vehicles at intersections is hereby declared as follows:
A. The operator of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has fully entered the intersection;
B. When two vehicles approach an intersection at approximately the same time, the operator of the vehicle at the left shall yield the right-of-way to the vehicle on the right;
C. The operator of any vehicle traveling at an unlawful speed shall forfeit any right-of-way which he may otherwise have hereunder. (SDCL 32-26-12)
7.02.11 U-Turn at Intersection. At any intersection where warned by a traffic control sign displaying the words "No U- Turn", it shall be unlawful for the operator of a vehicle to turn such vehicle at the intersection in a half circle so as to proceed in the opposite direction.
7.02.12 Right-of Way, Left Turn. The operator of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection, or so close thereto as to constitute an immediate hazard. The operator, having so yielded and having given a signal when and as required, may make such left turn and the operators of all other vehicles approaching the intersection from said opposite direction shall yield the right-of-way to the vehicle making the left turn.
7.02.13 Turning Around in Mid-Block Prohibited. The operator of a vehicle shall not turn such vehicle so as to park in the opposite direction except at an intersection.
7.02.14 Action Required at Stop Sign. Except when directed to proceed by a law enforcement officer or traffic control signal, every operator of a vehicle approaching a stop intersection indicated by a stop sign shall come to a full stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersection roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection.
After having stopped, the operator shall yield the right- of-way to any vehicle which has entered or is approaching the intersection from another highway and shall not proceed into the intersection until certain that such intersecting roadway is free from oncoming traffic which may affect safe passage.
7.02.15 Action Required at Yield Sign. The operator of a vehicle approaching an authorized sign bearing the word "Yield" or "Yield Right-of-Way" shall in obedience to such sign slow down to a speed reasonable for the existing conditions, or shall stop if necessary and shall yield the right-of-way to any pedestrian legally crossing the roadway on which such operator is driving, and to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard. Said operator having so yielded may proceed and the operators of all other vehicles approaching the intersection shall yield to the vehicle so proceeding.
7.02.16 Stop Required Before Operator Entering From Alley, Building or Private Road. The operator of a vehicle emerging from an alley, building, private road or driveway within a business or residence district shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across such alley, building entrance, road or driveway, or in the event there is no sidewalk area, shall stop at the point nearest the street to be entered where said operator has a view of approaching traffic thereon.
7.02.17 Pedestrian's Right-of-Way. The operator of any vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at the end of a block, except at intersections where the movement of traffic is being regulated by law enforcement officers or traffic control signals. Whenever any vehicle has stopped at a marked crosswalk or at any intersection to permit a pedestrian to cross a roadway, it shall be unlawful for the operator of any other vehicle approaching from the rear to overtake and pass such stopped vehicle.
7.02.18 Following Too Closely. The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and condition of the street.
CHAPTER 7.03 - VEHICLE EQUIPMENT
7.03.01 Warning Tickets. Any authorized law enforcement officer, upon reasonable belief that a vehicle is being operated in violation of any provision of this Title or applicable state law or is in such unsafe condition as to endanger any person, may require the driver of the vehicle to stop and submit to inspection of the vehicle and its equipment, license plates and registration card, and is hereby authorized to issue a warning ticket to any driver whose vehicle is in such violation. Such warning ticket shall clearly designate the provisions which are being violated and shall provide for notification to law enforcement officials when such violation is corrected, by the time specified on the warning ticket.
7.03.02 Lights Required. A motor vehicle in motion, during the period from half an hour after sunset to half an hour before sunrise, shall display at least 2 lighted lamps on the front and one on the rear of such motor vehicle, such lamps to conform to the state law; provided that a motorcycle or a motor bicycle shall be required to display but one lighted lamp in front and one in the rear.
7.03.03 Headlights Dimmed. No person shall use headlights upon any vehicle on any street unless the same are dimmed in such a way as to prevent the light being dazzling or blinding to persons using the streets.
7.03.04 Warning Devices. Every motor vehicle operated or driven in the City shall be provided with a suitable or adequate horn or other device for signaling which shall be in good working order at all times such vehicle is operated on the streets of the municipality.
7.03.05 Emergency Vehicle Warning Device. Every law enforcement and Fire Department vehicle and every ambulance used for emergency calls shall be equipped with lights and siren. It shall be unlawful for any other vehicle to be equipped with such equipment.
7.03.06 Red and Blue Lights. Except as to law enforcement or Fire Department vehicles, or tow trucks or wreckers operating under such circumstances as may be provided by law, any person who drives or moves any vehicle in the City with any red or blue light thereon visible from directly in front or to the sides thereof shall be guilty of a misdemeanor.
7.03.07 Brakes. Every motor vehicle shall be provided with foot pedal brakes in good working order and sufficient to control such motor vehicle at all times when same is in use.
7.03.08 Mufflers. No person shall drive a motor vehicle on any street within the City unless such vehicle is equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke. It shall be unlawful for any person to use a muffler cut-out on any motor vehicle within the City.
7.03.09 Projecting Loads. No person shall drive any vehicle upon any street with any load or part of a load projecting more than 4 feet beyond the rear end or front end, or more than 2 feet beyond the sides of the body, or carrying part of such vehicle, unless there be attached to the extreme ends and sides of such projecting load some warning sign or signal plainly discernible to other drivers and clearly indicating the projecting parts of such load.
7.03.10 Weight and Size of Vehicle and Loads. No person shall drive or operate any motor vehicle upon any street the gross weight of which including the load or the size of which do not comply with the requirements of the state law governing such vehicle.
7.03.11 Windshields Must be Unobstructed. It shall be unlawful for any person to drive any motor vehicle upon any street with the front windshield obstructed or with any sign, poster, or other non-transparent material upon the front windshield, side wings, side, or rear windows of such motor vehicle other than a certificate or other paper required to be so displayed by law or other temporary driving instruction placed thereon by the manufacturer.
7.03.12 Protection of Load. No motor vehicle shall be driven or moved on any street unless such vehicle is so constructed or loaded as to prevent any of its load from dripping, sifting, leaking or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, or water or other substances may be sprinkled on a roadway in cleaning or maintaining such roadway. No person shall operate on any street any vehicle with any load unless said load and any covering is securely fastened so as to prevent said covering or load from becoming loose, detached or in any manner a hazard to other users of the highway.
CHAPTER 7.04 - SPEED RESTRICTIONS
7.04.01 Establishment of Speed Zones.
A. The City Council is authorized and empowered to determine and establish upon any public street in the City or any part thereof, limited speed zones which speed limit shall constitute the maximum speed at which any person may drive or operate any vehicle upon such zones, street or highway or portion thereof so zoned, and on which highway the maximum speed permissible in the zone has been conspicuously posted by signs authorized by the Council;
B. The beginning of such limited speed zones shall be indicated by signs showing the speed limits.
7.04.02 Maximum Limits Generally. Except as may otherwise be provided by the City Council, it shall be unlawful for any person to operate or drive any vehicle at a rate of speed greater than the following:
A. 15 miles per hour within the business district;
B. 15 miles per hour on any alley;
C. 25 miles per hour within any residential district;
D. The appropriate legal maximums established by state law on all other unmarked streets and highways within the City shall be effective.
7.04.03 School Zones. It shall be unlawful for any person to operate or drive any vehicle at a speed greater than 15 miles per hour when passing a school during the recess or while children are going to or leaving school during opening or closing hours for such school.
CHAPTER 7.05 - PARKING, STOPPING
7.05.01 Obstruction of Traffic. No vehicle shall be operated or allowed to remain upon any street under the jurisdiction of the City in such a manner as to form an unreasonable obstruction to traffic. Whenever any law enforcement officer finds a vehicle which constitutes an obstruction to traffic, such officer shall be authorized to provide for the removal of such vehicle by towing, if necessary, at owner's expense, with no liability to the City.
7.05.02 Parking in Streets. In the event of two (2) or more inches of snowfall, it shall be unlawful for any person to park a motor vehicle or allow a motor vehicle to remain parked on any city street following such snowfall, so as not to interfere with removal operations. The city police officer may issue a citation for such violation, punishable by a fine not less than ten ($10.00) dollars. Vehicles in violation of this section may be towed as provided in section 7.05.04. A storage charge of one dollar ($1.00) per day shall be assessed each vehicle until the vehicle is claimed. The owner or operator of such vehicle shall be responsible for paying all towing and storage charges plus fines. The City shall not be liable for any damages to property or persons incurred as a result of such towing or storage.
(Amended Ordinance 498)
7.05.03 Restriction on Campers, Trailers, Motor Homes and Like Vehicles. No camper, trailer, motor home or like vehicles shall be parked on any street, alley or property owned by the City for the purpose of lodging. Such vehicles shall only be parked in approved camper parks.
7.05.04 Towing Vehicles. Any authorized law enforcement official shall be authorized to remove and tow away, or have removed and towed away by any commercial towing service, any car or vehicle illegally parked, parked in any place where such parked vehicle creates or constitutes a traffic hazard, blocks the use of a fire hydrant, or obstructs or may obstruct the movement of any emergency vehicle, or in any way is in violation with the provisions of this Title. Cars towed away for illegal parking shall be stored in a place designated by the City Council and shall be restored to the owner or operator of such car upon payment of a fine plus towing charges. The City shall not be liable for any damages to property or persons incurred as a result of such towing or storage.
7.05.05 Abandoned Vehicles. The abandonment of a motor vehicle or other vehicle or any part thereof on any street in the City shall be subject to action and penalties as provided for in 3.01.03 of these Ordinances. (SDCL 32-30-12.1)
7.05.06 Parking Prohibited in Certain Places. At any time it shall be unlawful to permit any vehicle to stop, stand, or park in any of the following places, except when necessary to avoid conflict with other traffic or in compliance with the directions of a law enforcement officer or traffic control device:
A. In any intersection;
B. In a crosswalk;
C. Within 15 feet of a fire hydrant;
D. At any place where the vehicle would block the use of a driveway;
E. Within 20 feet of the driveway entrance of the fire station and on the side of the street opposite the entrance to such station within 100 feet of such entrance;
F. On any sidewalk;
G. At any place where official signs prohibit parking.
7.05.07 General Parking Restrictions. No vehicle shall be parked with the left side of such vehicle next to the curb, except on one-way streets. It shall be unlawful to park any vehicle upon any street for the purpose of displaying it for sale, or to park any vehicle upon any business street from which vehicle merchandise is peddled, unless authorized by the City Council. It shall be unlawful to park any motor vehicle on any private property without the consent of the owner of the property.
7.05.08 No Parking Areas. The City Council shall cause signs to be posted in all areas where parking is limited or prohibited, indicating such limitations or prohibitions, except that yellow curb painting may be used to indicate "No Parking" in certain street areas. (SDCL 9-31-1)
7.05.09 Handicapped Parking Zones. No owner of any vehicle which does not display a serially numbered handicapped certificate or special handicapped license plate shall park or permit to be parked their vehicle in any parking space designated as reserved for the physically handicapped. (SDCL 32-30-11.4)
7.06.01 Truck Routes. The City Council is hereby authorized to establish within the City truck routes and the same shall be identified by signs or markings erected and maintained by the City. The word "truck" shall mean and include truck, trailer and semi-trailer, tractor and farm wagon.
7.06.02 Operation of Trucks. Where any truck route has been established and identified, any person driving a truck having a gross weight of 5 tons or more shall drive such truck on such route or routes and none other, except where necessary to traverse another street or streets to a destination for the purpose of loading or unloading commodities or for the purpose of towing a disabled or damaged motor vehicle to or from public or private property, and then only by such deviation from the nearest truck route as is reasonably necessary.
7.06.03 Exceptions to Use of Truck Routes. There shall be the following exceptions to the use of truck routes:
A. A truck arriving at the end of any designated truck route may be driven over the most direct course to the nearest truck route which extends in the same general direction;
B. The City Council or the Maintenance Superintendent shall have the authority, for good cause and upon request, to issue temporary permits for trucks to operate over routes not established as truck routes by the City or to otherwise deviate from the provisions of this article. Such action by the Maintenance Superintendent shall be subject to review, modification, or cancellation by the City Council;
C. "Trucks" as referred to in Section 7.0601 (except for semi-trailers) may deviate from the truck route for the purpose of taking said truck to the owners personal residence or parking facility, but said truck must be parked on the owners real property and not on City streets or City property (in this instance said vehicle may only make one trip to and from owners personal residence or parking facility per day);
D. The provisions of this Section shall not apply to school buses, emergency vehicles of any Fire Department, not to any public utility vehicles where actually engaged in the performance of emergency duties necessary to be performed by said public departments or public utilities, nor to any vehicle owned by or performing work for the City, the United States of America, or the State or any of its political subdivisions.
7.07.01 Definitions. The following words and phrases, when used in this Chapter, shall have the meanings respectively ascribed to them:
A. “Operate” shall mean to control the operation of a snowmobile.
B. “Owner” shall mean any person, other than a lienholder, having the property in or title to a snowmobile and entitled to the use or possession thereof.
C. “Private property” shall mean and include any and all real property, or land within the City which has not been opened or dedicated for public use or as a public thoroughfare.
D. “Snowmobile” shall mean any engine-driven vehicle of a type which utilizes sled type runners, wheels, or skis with an endless belt tread or similar means of contact with the surface upon which it is operated.
7.07.02 Operators License Required. No driver shall operate a snowmobile on a public street in the City without having in their possession a valid drivers license.
7.07.03 Traffic Laws Applicable. The operator of a snowmobile is required to obey the same traffic laws of the state and ordinances of the City, including street and road signs and established or posted speed limits, as the operators of all other motorized vehicles are required to obey. Notwithstanding such laws, no person shall operate a snowmobile at a speed greater than or in a manner other than is reasonable and safe, under all existing circumstances.
7.07.04 Hours of Operation. No person shall operate a snowmobile on private property of their own or another or upon public highways, streets and alleys within the City between the hours of 11:00 PM and 7:00 AM the following day.
7.07.05 Permission of Property Owner Required for Operation. No person shall operate a snowmobile on private property of another without the express permission to do so by the owner or occupant of such property.
7.07.06 Operation on Public Ground. No person shall operate a snowmobile on any public property, including, but not limited to public school ground, park property, park roads, playgrounds, and recreational areas. No person shall operate a snowmobile on city streets or alleys except to use the most direct route out of the City.
7.07.07 Crossing Streets at Right Angles. Persons operating snowmobiles are permitted to cross streets at right angles but only may do so after stopping and yielding the right-of-way to all approaching traffic and crossing as closely as possible to an intersection or approach.
7.07.08 Careless, Reckless or Negligent Operation Prohibited. No person shall operate a snowmobile in a careless, reckless or negligent manner so as to be likely to endanger the person or property of another or to cause injury or damage thereto.
7.07.09 Loud Noises Prohibited. No person shall operate a snowmobile in such manner as to create any loud unnecessary or unusual noise likely to disturb or interfere with the peace and quiet of any other person.
7.07.10 Emergency Use.
A. The City Council may declare that road or weather conditions are such as to constitute emergency travel conditions authorizing use of a snowmobile.
B. A snowmobile may also be used when such vehicle is necessary as an emergency vehicle to protect the health, safety and welfare of any individual.
C. The operator of a snowmobile under emergency conditions shall be subject to all existing traffic ordinances of the City and traffic laws of the State.
7.07.11 Equipment Required. All snowmobiles operated in the City shall have the following equipment:
A. Mufflers which are properly attached and which reduce the noise of operations of the vehicle to the minimum noise necessary for operating the vehicle, and no person shall use a muffler cutout, bypass or similar device on such vehicle.
B. Adequate brakes in good working condition.
C. A safety or "deadman" throttle in operating condition, such being a device which when pressure is removed from the accelerator, the throttle causes the motor to disengage from the driving tract.
D. At least one headlight and one tail light in good working condition.
7.07.12 Unattended Vehicles. No owner or operator of a snowmobile shall leave or allow the snowmobile to be or remain unattended on public property or streets while the motor is running, or where the keys for starting the vehicle are left in the ignition.
7.07.13 Sidewalk Operation Prohibited. No person shall operate a snowmobile upon any public sidewalk in the City.
7.07.14 Operation Under the Influence. The operator of a snowmobile shall be deemed the driver or operator of a motor vehicle and be subject to South Dakota law relating to driving while under the influence of intoxicating liquor, drugs, or otherwise therein provided and such operator shall be punishable for any violation of such laws.
7.07.15 Towing. No person operating a snowmobile shall tow any person or object behind such snowmobile except when such person or object is situated upon a conveyance which is attached to such snowmobile by means of a rigid hitch or tow bar.
7.07.16 Exception. Not withstanding the provisions of any other Section, any government official in charge of public school ground, park property, playgrounds, public golf courses, or parking lots shall have authority to supervise and regulate events or programs conducted thereon or to designate such areas as recreation areas available for use of snowmobiles, and the hours of such use.
CHAPTER 7.08 - MISCELLANEOUS PROVISIONS
7.08.01 Clinging to Moving Vehicles. No person traveling upon any bicycle, motorcycle, coaster, sled, roller skates, or any other toy vehicles shall cling to or attach himself or such vehicle to any other moving vehicle upon any street.
7.08.02 Riding on Outside of Vehicle. No person shall ride on any vehicle upon any uncovered portion thereof not designated or intended for the use of passengers. This provision shall not apply to organized special events controlled by an organization or individual, when the City Council has approved such event in advance.
7.08.03 Tampering with Vehicles. No person shall tamper with the motor vehicle of another, with intent to injure the same or cause inconvenience to the owner thereof, or take and operate the motor vehicle of another without the consent of the owner or person lawfully in charge thereof.
7.08.04 Immediate Notice of Accident. The operator of a vehicle involved in an accident resulting in injury to or death of any person, or resulting in any property damage, shall immediately by the quickest means of communication give notice of such accident to a law enforcement officer.
7.08.05 When Driver Unable to Report. An accident report shall not be required from any person who is physically incapable of making such report during this period of incapacity. Whenever the operator of a vehicle is physically incapable of making such report or is physically incapable of giving an immediate notice of an accident and there is another occupant in the vehicle at the time of the accident capable of doing so, such occupant in the vehicle at the time of the accident shall cause to be given the notice not given by the operator.
7.08.06 Duty to Give Information, Render Aid. The operator of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall give his name, address, and if applicable, the license number of the vehicle he is driving and his driver's license to the person struck or the driver or occupant of or person attending any vehicle collided with. The operator shall also render to any person injured in such accident reasonable assistance, including the carrying, or the making of arrangements for the carrying of such person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person.
7.08.07 Personal Injury. The operator of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until the requirements of Section 7.0806. (SDCL 32-34-7)
7.08.08 Property Damage. The operator of any vehicle involved in an accident, resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall forthwith return to and in every event shall remain at the scene of such accident until the requirements of Section 7.08.06 have been fulfilled. Every such stop shall be made without obstructing traffic more than is necessary.
7.08.09 Unattended Vehicle, Property. The operator of any vehicle which collides with any vehicle or other property which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle or shall attach securely in a conspicuous place in or on the vehicle struck a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking and a statement of the circumstances thereof. Such driver shall without unnecessary delay notify a law enforcement officer of such accident. (SDCL 32-34-4)
7.08.10 Duty Upon Striking Fixtures. The operator of any vehicle involved in an accident resulting only in damage to fixtures or other property legally upon or adjacent to a street shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact and of his name and address and of the registration number of the vehicle he is driving and shall upon request and if available exhibit his operator's license and shall make report of such accident when and as required in Section 7.08.08.
7.08.11 Duty Upon Striking Animal. The operator of any vehicle which collides with any dog or domestic animal causing injury thereto shall stop and attempt to ascertain the owner of such animal and notify a law enforcement officer of such accident.
7.08.12 Manner of Arrest. Except in cases of driving while intoxicated or under the influence of intoxicating liquor or any stupefying or exhilarating drug, and except in the more serious and aggravated cases of speeding or careless and reckless driving and except when reasonably necessary to secure appearance, a person charged with a violation of this Title by a law enforcement officer need not be arrested in the regular manner but may first be given an opportunity after notice to appear voluntarily to answer for such traffic violation.
7.08.13 Notice to Appear. A person charged with violation of this Title by notice shall be given notice to appear before the court of competent jurisdiction at the time or within the time stated in such notice, and that in the event of failure to do so a warrant will be issued for his arrest.
The notice shall state the name, description and address of the offender, if known, the nature and date of the offense and a description of the vehicle involved in the violation by trade name and license number. The notice shall be signed by the law enforcement officer executing it.
The notice shall be made in triplicate, one copy to be given to the owner or driver charged with the offense or to be left in or upon the automobile or vehicle involved in the violation, one copy to be filed with the law enforcement officer and one copy to be filed with the court.
If the person charged with the offense is available he shall be given an opportunity to sign an agreement to appear to answer the charge at the time and place specified in the notice which form of agreement shall be a part of the notice, and if he shall refuse to sign such agreement, then he shall be placed under arrest for the offense in the manner otherwise provided by law.