South Dakota § 20-9-12 - Definition of terms.

§ 20-9-12. Definition of terms.

Terms used in §§ 20-9-12 to 20-9-18, inclusive, mean:

(1)    "Agritourism activity," any activity carried out on a farm, on a ranch, or in a forest that allows members of the public, for recreation, entertainment, or education purposes, to view or participate in agricultural activities, including farming, ranching, historical, cultural, harvest-your-own, or nature-based activities and attractions. An activity is not an agritourism activity if the participant is paid to participate in the activity;

(2)    "Charge," the admission price or fee asked in return for an invitation or permission to enter on or use the land. Any nonmonetary gift to an owner that is less than one hundred dollars in value may not be construed to be a charge;

(3)    "Inherent risk," the conditions, dangers, or hazards that are an integral part of the land used for agricultural purposes, including:

(a)    Surface and subsurface conditions and natural conditions of land, vegetation, and waters;

(b)    The behavior of wild and domestic animals;

(c)    The ordinary dangers of structures or equipment ordinarily used in farming or ranching operations, if the structures or equipment are used for farming or ranching purposes;

(d)    The potential of a participant in an agritourism activity to act in a negligent way that may contribute to an injury to the participant or others, whether by failing to follow safety procedures or by failing to act with reasonable caution while engaging in the agritourism activity;

(4)    "Land," land, trails, water, watercourses, private ways, and structures, and machinery or equipment if attached to the realty;

(5)    "Outdoor recreational activity," includes any of the following activities, or any combination thereof: hunting, fishing, swimming other than in a swimming pool, boating, canoeing, camping, picnicking, hiking, biking, off-road driving, aviation activity, nature study, water skiing, winter sports, snowmobiling, or viewing or enjoying historical, archaeological, scenic, or scientific sites, or an agritourism activity;

(6)    "Owner," the possessor of a fee interest, a tenant, lessee, occupant, or person in control of the land;

(7)    "Participant," an individual who, for purposes of outdoor recreational activity, enters on or uses the land of another but does not include an owner of the land or an agent, employee, or contractor of an owner of the land.

Source: SL 1987, ch 158, § 1; SL 1990, ch 154; SL 2010, ch 109, § 1; SL 2012, ch 117, § 1; SL 2022, ch 57, § 1.