Title 40 — ANIMALS AND LIVESTOCK

Source: SL 1988, ch 330 , § 1.

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.

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.

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.

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.

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

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, s…

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 attem…

No local government, as defined in § 6-1-12 , may enact, maintain, or enforce any ordinance, policy, resolution, or other enactment that is specific as to the breed or perceived breed of a dog. This section does not impair the right of any local government unit to enact, maintain…

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 exc…

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 verdi…

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 …

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…

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. 40-34-7. Repealed by SL 1991, ch 186 , § 29

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: S…

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 purpo…