Title 40, ANIMALS AND LIVESTOCK

Any resident of South Dakota who purchases, and at the time of purchase makes full payment in cash therefor, South Dakota eggs, poultry, poultry products, or dairy products, shall not be deemed a dealer at wholesale within the meaning of this chapter. Source: SL 1955, ch 5 , § 2;…

Cooperative associations having not more than forty percent of nonmember patrons shall not be deemed dealers at wholesale within the meaning of this chapter. Source: SL 1955, ch 5 , § 2; SDC Supp 1960, § 4.2402 (3); SL 1963, ch 9 , § 2.

Any dealer at wholesale, as defined in this chapter, in addition to securing a license from the secretary of agriculture and natural resources, if such be required by the laws of this state, shall execute and file with the secretary a bond to the State of South Dakota with sureti…

The secretary of agriculture and natural resources, when he is of the opinion that any bond theretofore given by any dealer at wholesale is inadequate for the proper protection of the public, may require the dealer at wholesale to give additional bonds in such amounts as from tim…

For the purpose of fixing or changing the amount of bonds required by § 40-33-7 , the secretary of agriculture and natural resources may require from a dealer at wholesale verified statements of his business, and if the dealer at wholesale fails to furnish such information or to …

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 21-10-9 . Source: SL 1988, ch 330 , § 1.

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.

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…

Domesticated fur - bearing animals are fur - bearing animals pen bred for more than two generations or all fur - bearing animals purchased from a breeder outside the state and brought into the state. All other fur - bearing animals are wild fur - bearing animals. Documentation is…

Domesticated fur - bearing animals are the subject of private ownership, the title to the same being in the person breeding or purchasing the same. Source: SDC 1939, § 25.0806.

For the purposes of all classification and administration of the statutes of the State of South Dakota, executive orders, administrative orders, and regulations pertaining to domestic fox, rabbit, mink, chinchilla, karakul, and all other fur - bearing animals raised in captivity …

The Department of Game, Fish and Parks shall cooperate and enter into cooperative agreements with the United States Fish and Wildlife Service or any other agency in the control and disposition of coyotes, feral dogs, fox, and other wild animals in this state that are injurious to…

There is created a special fund in the Office of the State Treasurer to be known as the state animal damage control fund. Source: SL 1943, ch 42 , § 8; SL 1945, ch 36 , § 4; SDC Supp 1960, § 25.1102; SL 1983, ch 292 , § 11.

Each county shall annually appropriate a sum equal to an assessment on all cattle and sheep based on the most current United States Department of Commerce census of agriculture, and the money shall be remitted to the state treasurer for deposit in the state animal damage control …

The county auditors shall, on or before the fifteenth of June and November, present one - half of the appropriation, made pursuant to § 40-36-11 , to the state remittance center, to be placed in the state animal damage control fund. Source: SL 1945, ch 36 , § 3; SDC Supp 1960, § …

Funds from the state animal damage control fund may be expended by the Game, Fish and Parks Commission for the control of wild animals, as defined in § 40-36-1 . Source: SDC 1939, § 25.1001 as added by SL 1963, ch 141 , § 1; SL 1966, ch 71 ; SL 1974, ch 274 , § 3; SL 1978, ch 288…

The following bounties may be paid from the state animal damage control fund to any resident of this state who possesses a resident small game license or a resident predator/varmint license and who kills, within the boundaries of this state, including parks and monuments, the fol…

A landowner or occupant does not have to possess a resident small game license or a resident predator/varmint license in order to receive the bounties specified in § 40-36-15 for the killing of the predatory animals specified by that section within the confines of the owner's or …

Any resident of this state in order to claim a bounty provided by § 40-36-15 , shall within ten days after killing any such animal mentioned in § 40-36-15 , present and deliver the complete skin of such animal to the auditor of the county of this state in which the animal was kil…

If the auditor has any doubt or question as to any skin delivered pursuant to § 40-36-17 he shall refer such skin to the conservation officer for investigation. After the conservation officer's investigation, he shall return the skin to the auditor with the recommendation that su…

The Game, Fish and Parks Commission shall, by regulation, provide the method of marking the skin accepted for bounty payment for the purpose of identification. Source: SDC 1939, § 25.1002 as enacted by SL 1961, ch 123 , § 2; SL 1963, ch 141 , § 2.

If, pursuant to § 40-36-18 , the county auditor determines that a bounty should not be paid on any skin, he shall issue and deliver to such claimant a certificate to that effect, and in such event the claimant must within ten days commence an action in a court of competent jurisd…

If the county auditor is satisfied that a bounty claim presented under § 40-36-17 is regular and valid, the claimant shall present an affidavit in which he shall state under oath the facts relevant thereto, including the killing, the place where such animal was killed, a statemen…

The bounty claim, consisting of the affidavit, shall then be presented to the Game, Fish and Parks Commission for final approval or disapproval and such commission shall carefully examine such claim and all facts relevant thereto to determine whether there is any fraud or irregul…

In the event of approval of a bounty claim by the Game, Fish and Parks Commission, such claim shall be presented to the state auditor, who shall issue his warrant therefor upon the state predatory animal control fund and mail the same to the claimant. Source: SDC 1939, § 25.1002;…

In the event of disapproval of any bounty claim by the Game, Fish and Parks Commission the claimant shall have the right to appeal therefrom within ten days in the manner provided by law. Source: SDC 1939, § 25.1002 as enacted by SL 1961, ch 123 , § 2; SL 1968, ch 104 , § 1.

It is a Class 2 misdemeanor for any person to attempt to bounty a skin from an animal that has died from natural causes, or that has been killed by agents or employees of the United States Fish and Wildlife Service or any other agency engaged in eradicating predatory animals. Sou…

Except as provided by § 40-36-16 , it is a Class 2 misdemeanor for any person to hunt, take, or kill predatory animals without possessing a resident small game license or a resident predator/varmint license. It is a Class 1 misdemeanor for any person to falsify any bounty claim, …

Any person who shall drive, bait, entice, or bring from outside this state, or breed or rear any of the animals mentioned in § 40-36-15 , for the purpose of procuring bounties thereon, commits a petty offense. Source: SL 1943, ch 42 , § 13; SDC Supp 1960, § 25.9910; SL 1977, ch 1…

Any person who shall make false claim for bounty as provided for in §§ 40-36-15 to 40-36-25 , inclusive, shall be deemed guilty of perjury and shall be punished in the manner provided for the crime of perjury by the laws of this state. Source: SL 1899, ch 136 , § 7; RPolC 1903, §…

The Department of Agriculture and Natural Resources may enter into cooperative agreements with other governmental agencies, counties, associations, corporations, or individuals if such cooperation is necessary to promote the control and disposition of animals pursuant to § 40-36-…

The secretary of game, fish and parks shall establish a program to continue prairie dog control on private lands at the written request and with the cooperation of the participating landowner. The program is to be funded from revenues in the state animal damage control fund. Sour…

A complete audit shall be made of the state predatory animal control fund, showing receipts and expenditures made by the state auditor. Such audit shall be made by the Department of Legislative Audit of the state. Source: SL 1943, ch 42 , § 9; SL 1945, ch 36 , § 5; SDC Supp 1960,…

Any unused balance in the state predatory animal control fund shall not revert but shall be carried over, from year to year, and applied to the payment of bounty claims in subsequent years. Source: SL 1943, ch 42 , § 9; SL 1945, ch 36 , § 5; SDC Supp 1960, § 25.1103.