South Dakota Noise Laws (2026): Quiet Hours, Ordinances, Penalties

South Dakota's state noise offense is narrow, and the state leaves quiet hours and decibel limits to cities and counties. Making "unreasonable noise" is disorderly conduct when it is done to intentionally cause "serious public inconvenience, annoyance, or alarm" to another person, or creates a risk of it (SDCL 22-18-35). That offense is a Class 2 misdemeanor, punishable by up to 30 days in a county jail or a $500 fine, or both (22-6-2(2)). Every municipality may by ordinance "prevent and suppress riots, affrays, noises, disturbances, and disorderly assemblies in any place" (9-29-3), and vehicles must have a muffler that prevents "excessive or unusual noise" (32-15-17). To compare other states, see our guide to noise ordinance laws by state.

Information last verified on 2026-10-10. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers South Dakota state law on noise: disorderly conduct (SDCL 22-18-35) and the misdemeanor penalty classes (22-6-2); municipal noise, nuisance and ordinance powers and their one-mile reach (9-29-1, 9-29-3, 9-29-13, 9-19-3) and county ordinance penalties (7-18A-2); vehicle horn and exhaust rules and exhibition driving (32-15-11, 32-15-17, 32-24-9); boat and snowmobile mufflers (42-8-42, 32-20A-2); funeral picketing (22-13-17, 22-13-19); consumer fireworks periods (34-37-13.1, 34-37-16.1, 34-37-19); the statutory definition of a nuisance, who may sue and public nuisance abatement (21-10-1, 21-10-3, 21-10-5, 21-10-6, 21-10-9); the nuisance shields for sport shooting ranges (21-10-28 to 21-10-32) and agricultural operations (21-10-25.1, 21-10-25.3, 21-10-25.5 to 21-10-25.7, 21-10-25.10); and state park disturbance and overnight-use rules (ARSD 41:03:01:11, 41:03:01:01.01). It does not cover the text of any city or county ordinance, lease terms, workplace or aircraft noise, federal law, or the law of other states.

South Dakota noise laws at a glance

When is noise disorderly conduct in South Dakota?

When it is intentional and serious. SDCL 22-18-35 provides:

"Any person who intentionally causes serious public inconvenience, annoyance, or alarm to any other person, or creates a risk thereof by: (1) Engaging in fighting or in violent or threatening behavior; (2) Making unreasonable noise; (3) Disturbing any lawful assembly or meeting of persons without lawful authority; or (4) Obstructing vehicular or pedestrian traffic; is guilty of disorderly conduct."

Each part of that sentence matters. The noise must be "unreasonable," the person must act "intentionally," and the inconvenience, annoyance or alarm must be "serious" and "public" (or the conduct must create a risk of it). Subdivision (3) separately covers "disturbing any lawful assembly or meeting of persons without lawful authority," which can reach noise that disrupts a meeting or gathering.

A separate statute covers funerals. "No person may engage in any act of picketing at any funeral service during the period from one hour before the scheduled commencement of the funeral services until one hour after the actual completion of the funeral services" (SDCL 22-13-17). Picketing means "protest activities engaged in by any person stationed within one thousand feet of a funeral service" in that window (22-13-19). A violation is a Class 2 misdemeanor, and each day of violation is a separate offense (22-13-17).

Penalty. "Disorderly conduct is a Class 2 misdemeanor. However, if the defendant has been convicted of, or entered a plea of guilty to, three or more violations of this section, within the preceding ten years, the defendant is guilty of a Class 1 misdemeanor for any fourth or subsequent offense" (22-18-35). SDCL 22-6-2 sets the classes:

"(1) Class 1 misdemeanor: one year imprisonment in a county jail or two thousand dollars fine, or both; (2) Class 2 misdemeanor: thirty days imprisonment in a county jail or five hundred dollars fine, or both."

Who sets quiet hours in South Dakota?

Your city or county does. The statutes on this page set no statewide quiet hours, construction hours or decibel limits for homes.

For cities and towns, the noise power is express. SDCL 9-29-3 provides:

"Every municipality shall have power to provide for keeping and preserving the peace and quietness of the municipality, to prevent disorderly conduct, to prohibit public intoxication, and to prevent and suppress riots, affrays, noises, disturbances, and disorderly assemblies in any place."

A city's jurisdiction is not limited to its corporate limits. Every municipality may exercise jurisdiction "for all authorized purposes" within its limits and "in and over all places, except within the corporate limits of another municipality, within one mile of the corporate limits ... for the purpose of promoting the health, safety, morals, and general welfare of the community, and of enforcing its ordinances and resolutions relating thereto" (SDCL 9-29-1). Every municipality also "shall have power to declare what shall constitute a nuisance and prevent, abate, and remove the same" (9-29-13).

A municipality enforces those ordinances under SDCL 9-19-3: it "may seek injunctive relief and establish penalties for violations of ordinances and resolutions, not exceeding those specified in subdivision 22-6-2 (2)." So a city noise ordinance penalty is capped at the Class 2 misdemeanor level of 30 days in a county jail or a $500 fine, or both, and the ordinance's own penalty section sets what applies.

Counties work through SDCL 7-18A-2. Each county "may enact, amend, and repeal such ordinances and resolutions as may be proper and necessary to carry into effect the powers granted to it by law" and may enforce each violation by "a fine not to exceed the fine established by subdivision 22-6-2(2) for each violation, or by imprisonment for a period not to exceed thirty days for each violation, or by both the fine and imprisonment," or by "an action for civil injunctive relief, pursuant to chapter 21-8." The limit is in the opening words: a county ordinance must carry into effect a power the law grants the county.

Finding your city or county noise ordinance

Look up your city's code of ordinances, or your county's if you live outside city limits, and search it for "noise." If you live within a mile of a city's limits, check the city's code too, since its jurisdiction can reach that far (9-29-1). Check for quiet hours, any decibel or "plainly audible" standard, construction-hour limits and the penalty section. For noise happening right now, the usual contact is the police department or sheriff's office non-emergency line. For a recurring problem, the city or county code enforcement office is the usual contact.

Loud cars: mufflers and horns

SDCL 32-15-17 sets the exhaust rule:

"No person may drive a motor vehicle on a highway unless the motor vehicle is equipped with an exhaust system and a muffler both in good working condition and in constant operation to prevent excessive or unusual noise. ... No person may use a muffler cut - out on any motor vehicle upon a highway. A violation of this section is a Class 2 misdemeanor."

The horn rule, SDCL 32-15-11, makes it "a Class 2 misdemeanor, except as otherwise provided in s 32-15-12, for any vehicle to be equipped with or for any person to use upon a vehicle any siren, or any compression or spark plug whistle, or any exhaust horn, or whistle which does not produce a harmonious sound, or for any person at any time to use a horn otherwise than a reasonable warning or to make any unnecessary or unreasonably loud or harsh sound by means of a horn or other warning device."

Both are Class 2 misdemeanors, not infractions, so each carries up to 30 days in a county jail or a $500 fine, or both (22-6-2(2)). Section 32-15-17 sets no decibel number. A loud car stereo can still fall under a municipal noise ordinance adopted under 9-29-3.

Revving and burnouts fall under the exhibition driving statute. Any person who drives a vehicle "upon a highway, alley, public park, recreational area, or upon the property of a public or private school, college, or university in such a manner that creates or causes unnecessary engine noise, tire squeal, skid, or slide upon acceleration or stopping" is guilty of exhibition driving, a Class 2 misdemeanor (SDCL 32-24-9).

Boats and snowmobiles

"The exhaust of every internal combustion engine used on any motorboat shall be effectively muffled by equipment so constructed and used as to muffle the noise of the exhaust in a reasonable manner," and the use of cutouts is prohibited except for racing boats in an approved regatta or race and during limited trial runs (SDCL 42-8-42). No person may operate a snowmobile "without a functioning muffler complying with s 32-15-17" (32-20A-2(3)). A violation of either section is a Class 2 misdemeanor.

Shooting ranges

SDCL 21-10-28 protects sport shooting ranges from nuisance injunctions:

"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 local regulation or ordinance pertaining to the normal operation and use of sport shooting ranges. However, if the usage or design of the range results in a significant threat to human life or private habitations, a nuisance is constituted and an injunction may prescribe appropriate relief."

The section speaks of injunctions against a range "as a nuisance." Its exception is about safety, a "significant threat to human life or private habitations," rather than noise. That threat exists "if shots or ricochets from a sport shooting range not infrequently strike or pass over private property which is frequented by persons or where a private habitation exists" (21-10-28.1).

A person who acquires property after a range began operating may not obtain an injunction against it as a nuisance for its normal operation and use (21-10-29). These protections "do not apply if there has been a substantial change in the primary use of a sport shooting range" (21-10-31), and they do not prohibit a local government from regulating "the location and construction of sport shooting ranges after July 1, 1999" (21-10-32).

Farms and right to farm

SDCL 21-10-25.3 provides that "no agricultural operation or any of its appurtenances may be deemed to be a nuisance, private or public, by any changed conditions in the locality of the operation or its appurtenances, after the operation has been in existence for more than one year, if the operation was not a nuisance at the time the operation began." The protection has a limit: "This section does not apply if a nuisance results from the negligent or improper operation of an agricultural operation or its appurtenances."

A related section, 21-10-25.1, addresses costs in certain nuisance suits against agricultural operations: "if the court finds there was no reasonable ground or cause for the action, the costs may be assessed to the plaintiff."

A 2023 law added further limits. A nuisance action "may not be filed against an agricultural operation unless the plaintiff is an owner or lessee of the real property affected by the conditions alleged to be a nuisance, and the real property is located within one mile of the source of the activity or structure alleged to be a nuisance," and an agricultural operation "may not be held liable for nuisance unless the plaintiff proves by clear and convincing evidence that the claim arises out of conduct that did not comply with any county, municipal, state, or federal law or regulation" (21-10-25.10). In a private nuisance action, damages are limited to the reduction in the property's fair market value for a permanent nuisance, not exceeding that value, or the reduction in its fair rental value for a temporary nuisance (21-10-25.7). If the court finds a nuisance action against an agricultural operation frivolous, the defendant recovers its reasonable costs and expenses and a reasonable amount for attorney's fees (21-10-25.6). Sections 21-10-25.2 and 21-10-25.3 do not apply to a nuisance from an agricultural operation located within the limits of an incorporated municipality on January 1, 1991 (21-10-25.5).

State parks

On public lands or waters owned, leased, managed or controlled by the state's Department of Game, Fish and Parks, "a person may not cause unreasonable disturbance in the vicinity of others" (ARSD 41:03:01:11). From 11:00 p.m. to 6:00 a.m., "only persons utilizing the state park system for lawful fishing, hunting, trapping, snowmobiling, boating, or camping may enter, use, or occupy the state park system" (41:03:01:01.01).

What can you do about a noisy neighbor?

For noise happening now, call the police or sheriff's non-emergency line. Officers can apply the local noise ordinance, and the state disorderly conduct statute where its intent element is met. For a recurring problem, contact the city or county code enforcement office; both cities (9-19-3) and counties (7-18A-2) may seek an injunction to enforce their ordinances.

South Dakota's nuisance statutes define the term broadly. Under SDCL 21-10-1, "a nuisance consists in unlawfully doing an act, or omitting to perform a duty, which act or omission either: (1) Annoys, injures, or endangers the comfort, repose, health, or safety of others." A public nuisance "is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon the individuals may be unequal. Every other nuisance is private" (21-10-3). "A public nuisance may be abated without civil action by any public body or officer as authorized by law" (21-10-6).

The remedies against any nuisance are a civil action, abatement, and, for a public nuisance only, a criminal charge (21-10-5). A civil action against a public nuisance may be brought by an authorized public body or officer, or "by any private person if it is specially injurious to himself" (21-10-9). The same section adds: "Such remedy also may be used by any person whose property is injuriously affected or whose personal enjoyment is lessened by any nuisance public or private. In all such actions the nuisance may be enjoined, or ordered abated, and damages recovered in addition" (21-10-9). Whether a particular noise problem supports a private lawsuit is a question for a lawyer licensed in South Dakota.

If you rent, your lease and state landlord-tenant law also matter; see our guide to South Dakota landlord-tenant laws. Except as the fireworks chapter otherwise provides, a person who uses consumer fireworks outside "the period from June twenty-seventh to the first Sunday after July fourth, and during the period beginning December twenty-eighth to January first" is guilty of a Class 2 misdemeanor (SDCL 34-37-16.1). A person using consumer fireworks at a public or private event outside those periods must get a permit from the municipality, township or county (34-37-13.1). From June 20 through July 2 and from December 28 through January 1, a county may by resolution regulate or prohibit fireworks outside city limits where the South Dakota grassland fire danger index has reached the extreme category (34-37-19). For more, see our guide to South Dakota fireworks laws.

Related pages

• Noise ordinance laws by state
• South Dakota landlord-tenant laws
• South Dakota fireworks laws
• North Dakota noise ordinance laws
• Nebraska noise ordinance laws

This article provides general legal information about South Dakota law, not legal advice. For advice about a specific situation, contact a lawyer licensed in South Dakota or your city or county government.

Last updated: 2026-10-10.

Frequently Asked Questions

What are the noise laws in South Dakota?

Making unreasonable noise with intent to cause serious public inconvenience, annoyance or alarm is disorderly conduct, a Class 2 misdemeanor (SDCL 22-18-35). Municipalities may prevent and suppress noises and disturbances (9-29-3), vehicles need a working exhaust system and muffler (32-15-17), and horns are for reasonable warnings (32-15-11).

What are the quiet hours in South Dakota?

Quiet hours are set by your city or county ordinance; none of the state statutes on this page sets them. Municipalities draw the power from SDCL 9-29-3, which lets them keep and preserve the peace and quietness of the municipality.

What is the penalty for a noise violation in South Dakota?

State disorderly conduct is a Class 2 misdemeanor, punishable by up to 30 days in a county jail or a $500 fine, or both (SDCL 22-18-35, 22-6-2(2)). A city ordinance penalty may not exceed that level (9-19-3), and the ordinance's penalty section sets the amount it applies.

Is loud music disorderly conduct in South Dakota?

It can be if the person makes unreasonable noise and intentionally causes serious public inconvenience, annoyance or alarm to another person, or creates a risk of it (SDCL 22-18-35(2)). Without that intent, loud music is usually handled under the city or county noise ordinance.

Is a loud exhaust illegal in South Dakota?

A motor vehicle on a highway must have an exhaust system and muffler in good working condition and in constant operation to prevent excessive or unusual noise, and muffler cut-outs are banned. A violation is a Class 2 misdemeanor (SDCL 32-15-17). Driving so as to create unnecessary engine noise or tire squeal on a highway, alley, public park, recreational area or school property is exhibition driving, also a Class 2 misdemeanor (32-24-9).

Can I sue my neighbor for noise in South Dakota?

South Dakota defines a nuisance to include an unlawful act or omission that annoys, injures or endangers the comfort, repose, health or safety of others (SDCL 21-10-1). Any person whose property is injuriously affected or whose personal enjoyment is lessened by a nuisance, public or private, may bring a civil action, and the nuisance may be enjoined or ordered abated and damages recovered (21-10-9). Whether a particular noise problem supports a lawsuit is a question for a lawyer licensed in South Dakota.

Can neighbors stop a shooting range over noise in South Dakota?

A range that complied with the statutes, regulations and ordinances in effect when it began operating may not be enjoined as a nuisance, including because of a later change in local rules. An injunction is available if the range's usage or design results in a significant threat to human life or private habitations (SDCL 21-10-28), which means shots or ricochets that not infrequently strike or pass over private property frequented by persons or where a home exists (21-10-28.1). A person who acquired property after the range began operating may not enjoin its normal operation (21-10-29), and the protections do not apply after a substantial change in the range's primary use (21-10-31).