The legality of sleeping in your car in South Dakota is a complex issue with various regulations depending on location and circumstances. Here’s what you need to know:
State Law
South Dakota state law does not explicitly prohibit sleeping in your car. In fact, there is a provision that states:
“No person temporarily resting in any vehicle is in violation of the provisions of § 31-7-15”.
This suggests that briefly resting in your vehicle is generally allowed.
City and Local Regulations
While state law may not prohibit car sleeping, many cities and local jurisdictions in South Dakota have their own restrictions:
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Time Limits: Many cities impose time limits on parking. For example:
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In Hot Springs, vehicles cannot be parked in any city park or parking lot overnight.
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Pierre limits parking on streets or alleys to 24 hours, with an exception for licensed motor vehicles which can park for up to 96 hours.
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Spearfish prohibits parking on streets for more than 24 continuous hours.
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Specific Vehicle Types: Some regulations target specific types of vehicles:
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Hot Springs prohibits parking recreational vehicles or trailers on public streets between November 1 and March 31.
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Spearfish limits overnight camping and motor home parking in residential zones to no more than ten consecutive days.
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State Capitol Grounds: Overnight parking is prohibited in certain parking areas around the state capitol in Pierre.
Other Considerations
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Highway Parking: It’s illegal to park on the main traveled portion of any highway in South Dakota.
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Campgrounds and Parks: State parks and campgrounds have their own regulations. For instance, only licensed vehicles and operators may use park roads, and a valid park entrance license is required.
Recommendations
If you need to sleep in your car in South Dakota:
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Look for areas where overnight parking is explicitly allowed, such as rest stops or designated overnight parking areas.
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Be aware of local parking time limits and move your vehicle accordingly.
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Avoid parking in residential areas or city centers where restrictions are likely to be stricter.
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Consider using campgrounds or RV parks for longer stays.
Remember that while briefly resting in your vehicle may be allowed, living in your car full-time could potentially violate local ordinances or zoning laws. Always check local regulations and be respectful of private property and residential areas.
Source
1. https://codelibrary.amlegal.com/codes/hotsprings/latest/hotsprings_sd/0-0-0-1444
2. https://www.cityofpierre.org/DocumentCenter/View/205/Article-6—Parking-and-Parking-Meters
3. https://www.spearfish.gov/375/General-Parking-Ordinances
4. https://sdlegislature.gov/Statutes/31-7-17
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