40-1-1. Definition of terms. 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 humans; (3)”Board,” the South Dakota Animal Industry […]
40-1-10.1. Animal fighting exhibitions or for amusement or gain prohibited–Felony or misdemeanor. 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 […]
40-1-11. Entry by officer of place where animal fight conducted–Arrest of persons present. 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 […]
40-1-11.1. Seizure of fighting animals and related paraphernalia–Disposition. 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 §40-1-10.1. The provisions […]
40-1-12. Allowing fatally injured or diseased animal to suffer needlessly prohibited–Violation as misdemeanor. 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. […]
40-1-13. Euthanasia of fatally injured or diseased animal–Notice to euthanize–Violation as misdemeanor. 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 […]
40-1-14. Corporate responsibility for knowledge and acts of agents. 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 […]
40-1-16. Regulated scientific experiments permitted–Inspection. 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 Department of Health and Human Services. Any experiments or scientific investigation and facilities […]
40-1-17. Exemptions from chapters 40-1 and 40-2. 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 exempt from the provisions […]
40-1-2.3. Neglect, abandonment, or mistreatment of animal–Misdemeanor. No person owning or responsible for the care of an animal may neglect, abandon, or mistreat the animal. A violation of this section is a Class 1 misdemeanor. Source: SL 1991, ch 331, §3; SL 2014, ch 194, §3.
40-1-2.4. Cruelty to animals–Felony. 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.
40-1-20. Intentionally poisoning animal of another–Misdemeanor–Exceptions. 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 a Class 1 […]
40-1-21. Killing, injuring, or mistreating animal of another as misdemeanor–Authorized euthanasia excepted. 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 […]
40-1-23. Potentially dangerous animal–Enclosure–Accompaniment by owner or caretaker–Restraint–Violation as misdemeanor. 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 […]
40-1-24. Authority of officer or agent to control dangerous animal–Seizure, impoundment, or euthanasia authorized. Any peace officer, officer or agent of a humane society, or agent of the board may use all necessary means to control a dangerous animal so as not to immediately jeopardize the health or safety of themselves or others. Any officer […]
40-1-25. Administration and enforcement of provisions regarding livestock and dangerous animals–Promulgation of rules. 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 40-1-24. The board may […]
40-1-28. Inspection of premises authorized. 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.
40-1-29. Investigation procedure. 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 under investigation pursuant to §40-1-28. Source: SL […]
40-1-30. Records of complaints–Public inspection. 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, §19.
40-1-31. Liability of officer or agent. 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.
