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South Dakota

South Dakota Codified Laws. Title 40. Animals and Livestock. Chapter 40-34. Dog Licenses and Regulation. Title 40. Animals and Livestock. Chapter 40-12. Rabies Control. Title 41. Game, Fish, Parks and Forestry.

Statute Details
Printable Version
Citation: S D C L 9-29-12; S D C L 40-1-41; S D C L 40-34-1 - 15; S D C L 40-12-1 - 6; S D C L 41-8-15; S D C L 41-15-14; S DC L 41-17-18.1

Citation: SD ST 9-29-12; SD ST 40-1-41; SD ST 40-34-1 - 15; SD ST 40-12-1 - 6; SD ST 40--41; SD ST 41-8-15; SD ST 41-15-14; SD ST 41-17-18.1


Last Checked by Web Center Staff: 12/2013

Summary:   These South Dakota statutes comprise the state's dog laws.  Among the provisions include licensing requirements, vicious dog laws, and rabies vaccination provisions.


Statute in Full:

Title 9. Municipal Government. Chapter 9-29. General Police Powers and Violations.

9-29-12. Animals running at large--Pounds--Dog licenses

Title 40. Animals and Livestock. Chapter 40-1. Cruelty, Abuse and Injury to Animals.

40-1-41. Inspection of commercial breeding operation for dogs and cats

Title 40. Animals and Livestock. Chapter 40-34.  Dog Licenses and Regulation.

40-34-1      Killing of dog lawful when disturbing domestic animals.

40-34-2      Liability of owner for damages by dog disturbing domestic animals--Property subject to execution--Violation as misdemeanor.

40-34-3      Joint liability of owners for damages by dogs in packs--Right of contribution among dog owners.

40-34-4      Dogs at large declared nuisance by county commissioners--Abatement.

40-34-5      Running at large prohibited by county--County license or tax on dogs.

40-34-6      Graduated fee for county dog license.

40-34-8      Pound program--Animal control services defined.

40-34-9      Animal control program in counties--Impounding of animals--Contracts with municipalities.

40-34-10      Sources of funds for animal control program.

40-34-11      Destruction by law enforcement officer of dog harming big game.

40-34-12      Destruction by owner or tenant of dog harming big game.

40-34-13      Ownership of vicious dog as public nuisance.

40-34-14      Vicious dog defined.

40-34-15      Injury to person trespassing, teasing dog, or attempting to commit crime.

Title 40. Animals and Livestock. Chapter 40-12. Rabies Control

40-12-1      Confinement of animals required in localities where rabies exists--Neglect as misdemeanor.

40-12-2    Destruction of rabid animal required.

40-12-4      Definition of terms.

40-12-5      Confinement of pet after attack upon person--Violation as misdemeanor.

40-12-6      Confinement of pet bitten by animal suspected of having rabies--Violation as misdemeanor.

Title 41. Game, Fish, Parks and Forestry. Chapter 41-8. Hunting and Trapping Seasons and Methods.

41-8-15. Dogs prohibited in hunting big game--Exception--Violation

Title 41. Game, Fish, Parks and Forestry. Chapter 41-15. Enforcement Powers and Procedures.

41-15-14. Seizure and disposition of contraband game, fish and unlawful devices

Title 41. Game, Fish, Parks and Forestry. Chapter 41-17. State Parks.

41-17-18.1. Permitting dogs at large as misdemeanor

 

 

Title 9. Municipal Government. Chapter 9-29. General Police Powers and Violations.

9-29-12. Animals running at large--Pounds--Dog licenses

Every municipality shall have power to regulate or prohibit the running at large of dogs, animals, and poultry, to establish pounds, appoint poundmasters, and regulate the impounding of animals, and to impose a tax or license on dogs running at large.

CREDIT(S)

Source: SL 1890, ch 37, art V, § 1, subdiv 65; RPolC 1903, § 1229, subdiv 65; RPolC 1903, § 1438, subdiv 5, 17; SL 1907, ch 86; SL 1913, ch 119, § 53, subdiv 65; SL 1913, ch 120; RC 1919, § 6169 (37), (38); SDC 1939, § 45.0201 (47).

 

Title 40. Animals and Livestock. Chapter 40-1. Cruelty, Abuse and Injury to Animals.

40-1-41. Inspection of commercial breeding operation for dogs and cats

A veterinarian licensed in the State of South Dakota shall be in attendance during any portion of an investigation of a commercial breeding operation that is conducted on the premises of the commercial breeding operation. For purposes of this section the term, commercial breeding operation, means any person engaged in the business of breeding dogs or cats who sells, exchanges, or leases dogs or cats in return for consideration or who offers to do so, whether or not the dogs or cats are bred, raised, trained, groomed, or boarded by the person. Any person who owns or harbors three or fewer unaltered dogs or cats for breeding purposes that are at least six months of age is not a commercial breeding operation. Any person who sells, exchanges, or leases thirty or fewer dogs or cats in a twelve-month period is not a commercial breeding operation if all such dogs or cats are sold, exchanged, or leased to a final owner rather than for later retail sale or brokered trading. Any person knowingly selling, exchanging, or leasing any dogs or cats for later retail sale or for brokered trading is a commercial breeding operation.

CREDIT(S)

Source: SL 2006, ch 211, § 7.

 

40-34-1.   Killing of dog lawful when disturbing domestic animals.

 It shall be lawful for any person to kill any dog found chasing, worrying, injuring, or killing poultry or domestic animals except on the premises of the owners of said dog or dogs.

Source: SDC 1939, § 40.1312.

 

40-34-2.   Liability of owner for damages by dog disturbing domestic animals--Property subject to execution--Violation as misdemeanor.

Any person owning, keeping, or harboring a dog that chases, worries, injures, or kills any poultry or domestic animal is guilty of a Class 2 misdemeanor and is liable for damages to the owner thereof for any injury caused by the dog to any such poultry or animal. All property except such as is absolutely exempt, is subject to execution issued upon a judgment for such damages and costs.

Source: SDC 1939, § 40.1312; SL 1991, ch 186, § 28.

 

40-34-3.   Joint liability of owners for damages by dogs in packs--Right of contribution among dog owners.

In case dogs owned by different persons participate in the chasing, worrying, injuring, or killing of poultry or domestic animals, the owners of the respective dogs may be sued jointly for damages caused thereby in a joint action against the owners of such dogs, and a joint verdict, decision, and judgment may be rendered against the owners of such dogs. In case of joint liability for same, which joint liability is paid, the owner of the dogs jointly liable may have contribution among themselves in an appropriate action in which the respective damages committed by their respective dogs may be prorated.

Source: SDC 1939, § 40.1312.

 

40-34-4.   Dogs at large declared nuisance by county commissioners--Abatement.

The board of county commissioners of each of the counties of the State of South Dakota may provide that if any person owning or keeping more than five dogs shall fail to keep such dogs within the confines of his own property, such failure shall amount to a public nuisance and be subject to the provisions of §§ 21-10-5, 21-10-6, and 21-10-9.

Source: SL 1964, ch 30, § 1.

 

40-34-5.   Running at large prohibited by county--County license or tax on dogs.

The board of county commissioners of each of the counties of the State of South Dakota shall have the power to regulate, restrain, or prohibit the running at large of dogs and to impose a license or tax on all dogs not licensed or taxed under municipal ordinance, owned or kept by any person within the county.

Source: SL 1964, ch 30, § 1.

 

40-34-6.   Graduated fee for county dog license.

In imposing the fee for licensing of any dog as required in § 40-34-5, the county commissioners may establish a graduated fee when more than ten dogs are owned or kept by any one person within the county.

Source: SL 1964, ch 30, § 1.

 

40-34-8.   Pound program--Animal control services defined.

For purposes of §§ 40-34-8 to 40- 34-10, inclusive, the term "animal control services" shall mean and include, but not be limited to, the enforcement of chapter 40-1 and such other services deemed necessary or desirable by the local unit of government or humane society.

Source: SL 1975, ch 100, § 4.

 

40-34-9.   Animal control program in counties--Impounding of animals--Contracts with municipalities.

The board of county commissioners of each county may establish an animal control program within the areas of the county outside of municipalities, and have the power to establish a pound or pounds, appoint poundmasters, and regulate the impounding of all animals, or for the purposes of providing animal control may contract with a municipality having a pound or a humane society established pursuant to chapter 40-2.

Source: SL 1975, ch 100, § 2.

 

40-34-10.   Sources of funds for animal control program.

In funding the program and purposes of § 40-34-9, the board of county commissioners may use such funds as it may derive from the taxes and licenses provided by § 40-34-5 or its general fund.

Source: SL 1975, ch 100, § 3.

 

40-34-11.   Destruction by law enforcement officer of dog harming big game.

A law enforcement officer may destroy any dog found pursuing, injuring, or killing any big game animal on public lands.

Source: SL 1983, ch 291, § 1.

 

40-34-12.   Destruction by owner or tenant of dog harming big game.

A landowner or tenant may destroy any dog that pursues, injures, or kills any big game animal on lands owned or controlled by that owner or tenant without incurring any liability.

Source: SL 1983, ch 291, § 2.

 

40-34-13.   Ownership of vicious dog as public nuisance.

Any person owning or keeping a vicious dog as defined in §§ 40-34-13 to 40-34-15, inclusive, has committed a public nuisance and is subject to the provisions of §§ 21-10-5 and 21-10-9.

Source: SL 1988, ch 330, § 1.

 

40-34-14.   Vicious dog defined.

For the purposes of §§ 40-34-13 to 40-34-15, inclusive, a vicious dog is:

             (1)      Any dog which, when unprovoked, in a vicious or terrorizing manner approaches in apparent attitude of attack, or bites, inflicts injury, assaults, or otherwise attacks a human being upon the streets, sidewalks, or any public grounds or places; or

             (2)      Any dog which, on private property, when unprovoked, in a vicious or terrifying manner approaches in apparent attitude of attack, or bites, or inflicts injury, or otherwise attacks a mailman, meter reader, serviceman, journeyman, delivery man, or other employed person who is on private property by reason of permission of the owner or occupant of such property or who is on private property by reason of a course of dealing with the owner of such private property.

Source: SL 1988, ch 330, § 2.

 

40-34-15.   Injury to person trespassing, teasing dog, or attempting to commit crime.

No dog may be declared vicious if an injury or damage is sustained to any person who was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or who was teasing, tormenting, abusing, or assaulting the dog or was committing or attempting to commit a crime.

Source: SL 1988, ch 330, § 3.

 

Title 40. Animals and Livestock. Chapter 40-12. Rabies Control

40-12-1.   Confinement of animals required in localities where rabies exists--Neglect as misdemeanor.

In localities where rabies exists, the Animal Industry Board may require that any animal deemed likely to spread such disease shall be muzzled, caged, tied, or confined in any manner that may be deemed necessary. It is a Class 1 misdemeanor for any owner or person in charge of any animal so ordered to be muzzled, caged, tied, or confined, to refuse or neglect to carry out such order.

Source: SDC 1939, § 40.0601; SL 1977, ch 190, § 481; SL 1990, ch 325, § 208.

 

40-12-2.   Destruction of rabid animal required.

 If the Animal Industry Board determines that rabies exists in any animal, the board may kill such animal and any animal there is reason to believe has been bitten by any animal affected with rabies.

Source: SDC 1939, § 40.0601; SL 1990, ch 325, § 209.

 

40-12-3.   Repealed by SL 1977, ch 190, § 482  

 

40-12-4.   Definition of terms.

Terms used in this chapter mean:

             (1)      "Department," the Department of Health;

             (2)      "Owner," any person who has a right of property in a pet, keeps or harbors a pet or who has it in his care or acts as its custodian, or permits a pet to remain on or about any premises occupied by him;

             (3)      "Pet," any dog, cat, or other species of carnivore kept for domestication or display.

Source: SL 1988, ch 324, § 1; SL 1990, ch 325, § 210.

 

40-12-5.   Confinement of pet after attack upon person--Violation as misdemeanor.

The department may serve written notice upon the owner of any dog or cat which has attacked or bitten a person to confine the animal at the owner's expense upon his premises or at a city pound or other place designated in the notice for a period of at least ten days after the animal has attacked or bitten any person. The department may examine the animal at any time within the ten-day period of confinement to determine whether such animal shows symptoms of rabies. In the case of any pet other than a dog or cat, which has attacked or bitten a person, the department may serve written notice upon the owner of such animal that the owner shall have the animal euthanized immediately and submit the brain to an approved laboratory for rabies examination. Any owner who fails to comply with a written notice served pursuant to this section is guilty of a Class 1 misdemeanor.

Source: SL 1988, ch 324, § 2; SL 1990, ch 325, § 211.

 

40-12-6.   Confinement of pet bitten by animal suspected of having rabies--Violation as misdemeanor.

 The department may serve written notice upon the owner of a dog or cat known to have been bitten by an animal known or suspected of being affected by rabies, requiring the owner to confine such dog or cat for a period of not less than six months. However, if such dog or cat had been properly treated with an antirabic vaccine, confinement shall be for a period of not less than three months. In the case of any pet other than a dog or cat, the department may serve written notice upon the owner of such animal that the owner shall have the animal euthanized immediately. Any owner who fails to comply with a written notice served pursuant to this section is guilty of a Class 1 misdemeanor.

Source: SL 1988, ch 324, § 3; SL 1990, ch 325, § 212.

Title 41. Game, Fish, Parks and Forestry. Chapter 41-8. Hunting and Trapping Seasons and Methods.

41-8-15. Dogs prohibited in hunting big game--Exception--Violation

No dog may be used in hunting big game animals except as follows:

(1) A dog may be used in the hunting of mountain lions during established hunting seasons in the manner and under such conditions as provided by rules promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26; and

(2) A dog that is leashed and under the control of a handler may be used to track and retrieve any big game animal that is wounded or presumed dead, if the handler complies with the conditions and restrictions prescribed in this chapter and the rules promulgated pursuant to this chapter.

A violation of this section is subject to § 41-8-18.

Credits

Source: SDC 1939, § 25.0702; SL 1943, ch 96; SL 1967, ch 89, § 2; SL 1991, ch 337, § 45; SL 2003, ch 220, § 2; SL 2013, ch 211, § 1. 

 

Title 41. Game, Fish, Parks and Forestry. Chapter 41-15. Enforcement Powers and Procedures.

41-15-14. Seizure and disposition of contraband game, fish and unlawful devices

The Department of Game, Fish and Parks has charge of the seizure and disposition of any game bird, game animal, and fish, taken, killed, transported, or possessed contrary to law, and of any dog, gun, seine, net, boat, light, or other instrumentality unlawfully used or held with intent to use in pursuing, taking, attempting to take, concealing, or disposing of any such game bird, game animal, or fish.

CREDIT(S)

Source: SDC 1939, § 25.0107 (6); SL 2009, ch 206, § 88.

 

Title 41. Game, Fish, Parks and Forestry. Chapter 41-17. State Parks.

41-17-18.1. Permitting dogs at large as misdemeanor

Any person who permits a dog to run at large in a state park is guilty of a Class 2 misdemeanor.

CREDIT(S)

Source: SDC Supp 1960, § 25.1315 as enacted by SL 1966, ch 73, § 2; SDCL § 41-17-17; SL 1968, ch 107; SL 1977, ch 190, § 611.

 

Title 40. Animals and Livestock. Chapter 40-1. Cruelty, Abuse and Injury to Animals.

40-1-41. Inspection of commercial breeding operation for dogs and cats

A veterinarian licensed in the State of South Dakota shall be in attendance during any portion of an investigation of a commercial breeding operation that is conducted on the premises of the commercial breeding operation. For purposes of this section the term, commercial breeding operation, means any person engaged in the business of breeding dogs or cats who sells, exchanges, or leases dogs or cats in return for consideration or who offers to do so, whether or not the dogs or cats are bred, raised, trained, groomed, or boarded by the person. Any person who owns or harbors three or fewer unaltered dogs or cats for breeding purposes that are at least six months of age is not a commercial breeding operation. Any person who sells, exchanges, or leases thirty or fewer dogs or cats in a twelve-month period is not a commercial breeding operation if all such dogs or cats are sold, exchanged, or leased to a final owner rather than for later retail sale or brokered trading. Any person knowingly selling, exchanging, or leasing any dogs or cats for later retail sale or for brokered trading is a commercial breeding operation.

CREDIT(S)

Source: SL 2006, ch 211, § 7.


 



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