Title 40 — ANIMALS AND LIVESTOCK

Source: SL 1985, ch 317 , § 2; SL 2014, ch 194 , § 12.

Terms used in chapters 40-1 and 40-2 , mean: (1) "Abandon," to give up with the intent of never again regaining one's interests in, or rights to, an animal other than placing ownership with a responsible party; (2) "Animal," any mammal, bird, reptile, amphibian, or fish, except h…

No person may: (1) Own, possess, keep, or train any animal with the intent to engage the animal in an exhibition of fighting with another animal; (2) For amusement or gain cause any animal to fight with another animal or cause any animal to injure another animal; or (3) Permit th…

Any law enforcement officer may enter any place where there is any sport or exhibition of the fighting of animals or where preparations are being made for such sport or exhibition, and without a warrant arrest any person there present. Source: SDC 1939, § 40.2210; SL 1991, ch 331…

Any law enforcement officer making an arrest for a violation of § 40-1-10.1 shall take possession of all animals and all paraphernalia, implements, or other property or things used or employed, or about to be employed, in the violation of any of the provisions of §

No person may keep any animal which is injured or diseased, past recovery, or unfit for any useful purpose and in suffering, or intentionally abandon to die any sick or disabled animal. A violation of this section is a Class 1 misdemeanor. Source: SDC 1939, § 40.2206; SL 1977, ch…

Any animal injured or diseased past recovery shall be euthanized within twelve hours in a manner prescribed in rule by the board, by the owner or person in possession of the animal, after having been notified by any law enforcement officer, any agent or officer of any humane soci…

For the purposes of §§ 40-1-1 to 40-1-17 , inclusive, knowledge and acts of agents of, and persons employed by, any corporation in regard to animals transported, owned, or employed by or in custody of such corporation, shall be held to be the knowledge and acts of such corporatio…

40-1-17 Exemptions from chapters 40-1 and 40-2 . 40-1-18 40-1-18 , 40-1-19. Repealed by SL 1977, ch 190 , §§ 450, 451 40-1-20 Intentionally poisoning animal of another--Misdemeanor--Exceptions. 40-1-21 Killing, injuring, or mistreating animal of another as misdemeanor--Authorized…

Nothing in this chapter may be construed to interfere with any properly conducted scientific experiments or investigations performed by personnel following guidelines, regulations, or requirements established by the United States Department of Agriculture and the United States De…

Nothing in this chapter or chapter 40-2 may be construed to interfere with an animal under the direct and proper care of a licensed veterinarian or with persons engaged in standard and accepted agricultural pursuits or animal husbandry practices. In addition, the following are ex…

40-1-2.3 Neglect, abandonment, or mistreatment of animal--Exception--Penalty. 40-1-2.4 Cruelty to animals--Felony. 40-1-2.5 40-1-2.5 , 40-1-2.6. Repealed by SL 2014, ch 194 , §§ 5, 6. 40-1-3 40-1-3 , 40-1-4. Repealed by SL 1977, ch 190 , §§ 442, 443 40-1-5 Impoundment of neglecte…

No person owning or responsible for the care of an animal may neglect, abandon, or mistreat the animal, except that any person may abandon a feral cat for which the person assumed responsibility with the sole purpose of spaying or neutering the cat. A violation of this section is…

No person may subject an animal to cruelty. A violation of this section is a Class 6 felony. Source: SL 1991, ch 331 , § 4; SL 2014, ch 194 , § 4. 40-1-2.5, 40-1-2.6. Repealed by SL 2014, ch 194 , §§ 5, 6. 40-1-3, 40-1-4. Repealed by SL 1977, ch 190 , §§ 442, 443

Except as specifically provided for in this chapter, no person may intentionally administer poison to any animal that belongs to another, nor intentionally expose any poisonous substance so that it may be taken by an animal which belongs to another. A violation of this section is…

No person may intentionally kill any animal of any age or value, the property of another, nor intentionally injure or mistreat any such animal. A violation of this section is a Class 1 misdemeanor. This section may not be construed to prevent euthanasia by a licensed veterinarian…

40-1-24 Authority of officer or agent to control dangerous animal--Seizure, impoundment, or euthanasia authorized. 40-1-25 Administration and enforcement of provisions regarding livestock and dangerous animals--Promulgation of rules. 40-1-26 40-1-26 , 40-1-27. Repealed by SL 2014…

The owner or caretaker of a potentially dangerous animal shall keep such animal in a proper enclosure. If a potentially dangerous animal is not in a proper enclosure, it shall be directly accompanied by its owner or caretaker and confined or restrained in such a manner that, afte…

The board may promulgate rules, pursuant to chapter 1-26 , which may address cattle, horses, sheep, swine, and other livestock and dangerous animals, and which shall include: (1) Procedures for filing complaints; (2) Reasons for and methods of euthanizing animals; (3) Specific st…

The board shall administer and enforce the provisions of this chapter concerning cattle, horses, sheep, swine, and other livestock. In addition, the board may address situations involving dangerous animals, including nonlivestock animals, under the provisions of §§ 40-1-23 and

The board, any peace officer, or any agent or officer of a humane society may enter and inspect any premises necessary to carry out the provisions of this chapter. Source: SL 1991, ch 331 , § 17.

The board, any peace officer, or any agent or officer of a humane society may administer oaths, take statements, access memoranda, papers, and other documents, articles, and instruments, and may compel the disclosure by witnesses of all facts known to them relative to the matters…

Complaints of record made to the board, any peace officer, or any agent or officer of a humane society and results of investigations may be closed to public inspection except as provided by court order during investigatory and administrative process. Source: SL 1991, ch 331 , § 1…

No agent of the board, peace officer, or agent or officer of a humane society may be held liable as a result of reasonable actions taken pursuant to this chapter. Source: SL 1991, ch 331 , § 20.

A parent or guardian is civilly liable for any violation of this chapter committed by a minor in their custody. Source: SL 1991, ch 331 , § 26. 40-1-33. Repealed by SL 2014, ch 194 , § 21.

40-1-34 Disposition of impounded animals. 40-1-35 Contract to enforce livestock provisions. 40-1-36 Unattended animals in standing or parked vehicles--Authority to remove--Liability for removal. 40-1-37 Use of weapons or tranquilizing agents to control dangerous animals. 40-1-38 …

An animal impounded under this chapter shall, within reasonable time at the direction of the board, any agent or officer of a humane society, or any peace officer be disposed of by: (1) Returning to the owner or caretaker; (2) Transferring ownership to a humane society as describ…

The board may contract with a humane society incorporated pursuant to chapter 40-2 to enforce the provisions of this chapter concerning cattle, horses, sheep, swine, and other livestock. Source: SL 1991, ch 331 , § 35.

No owner or caretaker may leave a dog, cat, or other small animal unattended in a standing or parked vehicle in a manner that endangers the health or safety of such animal. Reasonable force may be used to remove such animal by any peace officer or agent or officer of any humane s…

Any agent of the board, any peace officer, or any agent or officer of a humane society may use weapons, tranquilizing agents, or similar items in controlling dangerous animals, impounding animals, or handling animal problems if such use is in accordance with the provisions of thi…

No person may maliciously beat, injure, attempt to injure, harass, intimidate, entice, distract, or otherwise interfere with any service animal accompanying a person with a disability if the service animal is being controlled by the person and the service animal is wearing a harn…

In a prosecution for a violation of § 40-1-38 , evidence that the defendant initiated or continued conduct as described in § 40-1-38 after being requested to discontinue that conduct or similar conduct by a person with a disability being served or assisted by the service animal g…

For purposes of §§ 40-1-38 to 40-1-40 , inclusive, harass means to engage in any conduct directed toward a service animal that is likely to impede or interfere with the animal's performance of its duties or that places the person with a disability who is being served or assisted …

Repealed by SL 2017, ch 182 , § 1.

Any law enforcement officer, agent of the board, or agent or officer of any humane society finding an animal neglected, abandoned, mistreated, or subjected to cruelty, may, pursuant to a warrant or court order, cause the animal to be impounded and properly cared for, and the expe…

The owner or caretaker of an animal impounded or cared for pursuant to § 40-1-5 is liable for the expense of services rendered. The governing body of the county or municipality that has rendered such services may recover such sums for services pursuant to § 40-1-5 as it deems rea…

Repealed by SL 2014, ch 194 , §§ 8, 9. 40-1-10.1 Animal fighting exhibitions or for amusement or gain prohibited--Felony or misdemeanor. 40-1-11 Entry by officer of place where animal fight conducted--Arrest of persons present. 40-1-11.1 Seizure of fighting animals and related pa…

Any three or more citizens of this state organized pursuant to chapter 47-22 as a nonprofit corporation in this state, for the purpose of preventing cruelty to animals, may avail themselves of the privileges of this chapter through an animal control officer subject to the limitat…

Except as provided in chapter 40-1 , the activities of any humane society incorporated pursuant to this chapter for the prevention of neglect, abandonment, mistreatment, or cruelty to animals, as provided in chapter 40-1 or this chapter, are limited to animals other than cattle, …

Nothing in chapter 40-1 or this chapter may prohibit any county or municipality from contracting with an incorporated society to provide animal control services, to enforce county or municipal ordinances or to enforce the provisions of chapter 40-1 within the jurisdiction of the …

The board of directors of a humane society incorporated pursuant to § 40-2-1 may appoint society members to act as animal control officers. The appointment shall be in writing. The appointment is effective in a particular county only if an appointee obtains written authorization …

Any law enforcement agency may enforce the provisions of this chapter or chapter 40-1 . An animal care and control agency may enforce the provisions of this chapter or chapter 40-1 in a county or municipality if the legislative authority of the county or municipality has entered …

For the purposes of this chapter and chapter 40-1 , an animal care and control agency is any municipal or county animal control agency or authority authorized to enforce municipal or county ordinances regulating the care, control, licensing, or treatment of animals within the mun…

For the purposes of this chapter and chapter 40-1 , an animal control officer is any person employed, contracted, or appointed pursuant to § 40-2-7 by an animal care and control agency or humane society to aid in the enforcement of ordinances or laws regulating the care and contr…

The State Animal Industry Board is continued as a board of state government. The terms "board" or "state board" when used throughout chapters 40-3 to 40-17 , inclusive, refer to the State Animal Industry Board unless a different intention is clear. Source: SDC 1939, § 40.0101; SL…

The State Animal Industry Board is assigned to the South Dakota Department of Agriculture and Natural Resources only to the extent that the board shall report to the Department of Agriculture and Natural Resources. The board retains responsibility for employment of all personnel …

In Title 40, the terms "livestock," "domestic animals," and "nondomestic animal" include poultry, unless a different intention is clearly implied. The term "poultry" includes chickens, turkeys, ducks, geese, and any other game bird raised in captivity, excluding pigeons and doves…

The executive secretary of the Animal Industry Board shall act as state veterinarian and shall secure all information he can obtain regarding the existence of contagious, infectious, or transmissible diseases of livestock and execute all orders, rules, and regulations made by the…

The South Dakota State University shall furnish the services of its veterinary diagnostic laboratory to the Animal Industry Board, and it shall make diagnostic examinations of all diseased animals or of such material as may be forwarded to it by the board. Source: SDC 1939, § 40.…

40-3-15 Publication of bulletins by board. 40-3-16 Access to property and inspections by board. 40-3-17 Examination of witnesses by board--Administration of oaths--Subpoena power. 40-3-18 Fees and mileage of witnesses before board. 40-3-19 Enforcement of board orders by sheriff o…