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9-29-11 Cruelty to animals.
Every municipality shall have power to prohibit and punish cruelty to animals.
40-1-1 Definition of terms.
Terms used in chapters 40-1 and 40-2, mean:
(1) "Abandonment," giving 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 board;
(4) "Captive wild animal," any wild animal held in man-made confinement or physically altered to limit movement and facilitate capture;
(5) "Domestic animal," any animal that through long association with man, has been bred to a degree which has resulted in genetic changes affecting the temperament, color, conformation or other attributes of the species to an extent that makes it unique and different from wild individuals of its kind;
(6) "Exotic animal," any animal not occurring naturally in the United States either currently or historically;
(7) "Impoundment," taking physical control and custody of an animal;
(8) "Non-domestic animal," any animal that is not domestic;
(9) "Other livestock," any agricultural or commercial animal owned, bred or raised for profit, but not including dogs, cats, rabbits or other household pets;
(10) "Wild animal," any animal not in captivity, other than a domestic animal; and
(11) "Zoological animal," any animal in any zoo or intended to be used in a zoo.
40-1-2.2 Mistreatment, torture or cruelty of animals defined.
For the purposes of this chapter and chapter 40-2, the mistreatment, torture or cruelty of
an animal is any act or omission whereby unnecessary, unjustifiable or unreasonable
physical pain or suffering is caused, permitted or allowed to continue including acts of
mutilation.
40-1-2.3 Neglect defined.
For the purposes of this chapter and chapter 40-2, the neglect of an animal is the failure
to provide food, water, protection from the elements, adequate sanitation, adequate
facilities or care generally considered to be standard and accepted for an animal's health
and well-being consistent with the species, breed, physical condition and type of animal.
40-1-2.4 Inhumane treatment defined.
For the purposes of this chapter and chapter 40-2, the inhumane treatment of an animal is
any act of mistreatment, torture, cruelty, neglect, abandonment, mutilation or inhumane
slaughter of an animal that is not consistent with generally accepted training, use and
husbandry procedures for the species, breed, physical condition and type of animal.
40-1-2.5 Dangerous animal defined.
For the purposes of this chapter and chapter 40-2, a dangerous animal is any animal that,
by itself or by environmental circumstances, at the determination of the board, any agent
or officer of a humane society or any peace officer after investigation, is a threat to
the physical well-being of other owned animals or humans.
40-1-2.6 Proper enclosure defined.
For the purposes of this chapter and chapter 40-2, a proper enclosure is a secure
confinement, as determined by the board, any agent or officer of a humane society or any
peace officer indoors or in a securely enclosed or locked facility, suitable to prevent a
dangerous animal from escaping and to prevent any physical threat to the well-being of any
other animal or human, while not constituting inhumane treatment.
40-1-5 Officer or agent to take custody of inhumanely treated animal -- Expenses of care
as lien.
Any peace officer, agent of the board or agent or officer of any humane society finding an
animal inhumanely treated, as defined in s 40-1-2.4, shall cause the animal to be
impounded or otherwise properly cared for, and the expenses of such impoundment or care
shall be a lien on the animal to be paid before the animal may be lawfully recovered.
40-1-5.1 Liability of owner or caretaker for impounded animal.
The owner or caretaker of an animal impounded or cared for pursuant to s 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 s 40-1-5 as
it deems reasonable. The payment shall be on vouchers, as other claims against the county
or municipality are paid. Expenses may be recovered in a civil action against the owner
unless the expenses are paid within thirty days after notice and demand.
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 Notice by officer to euthanize fatally injured or diseased animal -- Court order
-- Violation as misdemeanor.
Any animal injured or diseased past recovery shall be euthanized in a manner prescribed in
rule by the board within twelve hours, by the owner or person in possession of the animal,
after having been notified by any peace officer, any agent or officer of any humane
society or any agent of the board to euthanize the animal. A violation of this paragraph
is a Class 1 misdemeanor. Any court having jurisdiction of a penal charge under the
provisions of this chapter may order the euthanasia of any such animal.
40-1-14 Corporate responsibility for knowledge and acts of agents.
For the purposes of ss 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
corporation as well as such agents or employees.
40-1-16 Scientific experiments not prohibited -- Guidelines.
Nothing in this chapter may be construed to interfere with any properly conducted
scientific experiments or investigations, which experiments or investigations are
performed by personnel following guidelines established by the National Institute of
Health and the United States Department of Agriculture. Any experiments or scientific
investigation and facilities used under this section shall be open to inspection by the
board.
40-1-17 Exemptions from chapter -- Destruction of dangerous animals.
The acts and conduct of persons who are lawfully engaged in any of the activities
authorized by Title 41 or laws for the destruction or control of certain animals known to
be dangerous or injurious to life, limb, or property, and persons who properly kill any
animal used for food and sport hunting, trapping and fishing as authorized by the South
Dakota department of game, fish and parks, are exempt from the provisions of this chapter.
40-1-20 Poisoning animal of another as misdemeanor.
Except as specifically provided for in this chapter, no person may intentionally
administer poison to any animal which 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 misdemeanor. This section may not be construed to
prevent euthanasia by a licensed veterinarian with proper authority from the animal's
owner nor may it prevent acts of euthanasia authorized by this chapter. This section may
not be construed to prevent animal control activities conducted by municipalities or
counties, separately or through contract with a humane society, in accordance with
chapters 36-12 and 34-20B.
40-1-21 Killing or injuring 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 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 with proper authority from the animal's owner nor may it prevent acts of
euthanasia authorized by this chapter. This section may not be construed to prohibit
euthanasia conducted by the municipality or under a municipality's animal control
activities. This section may not be construed to prohibit activities conducted under
chapter 40-34.
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
manner that, after investigation by the board, any peace officer, or any officer or agent
of a humane society, it is not a dangerous animal. The ownership or possession of a
dangerous animal in violation of this section is a Class 1 misdemeanor.
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 or agent of a humane society, agent
of the board or peace officer may enter, search and investigate premises, take testimony
from owner and witnesses and seize, impound or euthanize a dangerous animal.
40-1-25 Administration and enforcement of livestock provisions -- Promulgation of rules.
The South Dakota Animal Industry 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 ss 40-1-2.5, 40-1-2.6, 40-1-23 and 40-1-24. The board may issue
orders for the execution of the powers conferred upon it by this chapter. 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 standards and accepted food, water, protection from the elements, sanitation facilities and care;
(4) Procedures and methods for impoundment;
(5) Methods for transferring ownership of impounded animals;
(6) Methods of investigating reported inhumane treatment;
(7) Methods for contracting with peace officers, humane societies or others to serve as agents for the board;
(8) Methods for certifying the proper training for agents of the board;
(9) Procedures and criteria for the euthanasia of animals pursuant to s 40-1-13; and
(10) Procedures for dealing with dangerous animals.
40-1-26 Proper care for impounded animals -- Livestock excepted.
No person may impound or permit any animal to be in any building, enclosure, lane, street,
square or lot without proper care and attention for more than twelve consecutive hours.
This section does not apply to cattle, horses, sheep, swine or other livestock.
40-1-27 Inhumane treatment as misdemeanor.
No person owning or responsible for the care of an animal may inhumanely treat such
animal. A violation of this section is a Class 1 misdemeanor.
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.
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 s 40-1-28.
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.
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.
40-1-32 Liability of parent or guardian for violation by minor.
A parent or guardian is civilly liable for any violation of this chapter committed by a
minor in their custody.
40-1-33 Noninterference with veterinarian or accepted agricultural pursuits.
Nothing in this chapter and 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.
40-1-34 Disposition of impounded animals.
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 described in chapter 40- 2;
(3) Euthanizing;
(4) Sold through public auction;
(5) Transferring ownership to a suitable caretaker or facility as prescribed in rule by the board; or
(6) Any other disposition as determined by the board, any agent or officer of a humane society or any peace officer in accordance with rules promulgated pursuant to s 40-1-25.
40-1-35 Contract to enforce livestock provisions.
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.
40-1-37 Use of weapons or tranquilizing agents to control dangerous animals.
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 this chapter.
40-2-1 Incorporation of society -- Number of incorporators.
Any three or more citizens of this state who have heretofore or who shall hereafter
incorporate as a body corporate under the general laws for incorporation in this state,
for the purpose of preventing cruelty to animals, may avail themselves of the privileges
of this chapter.
40-2-2 Bylaws of society -- Matters covered.
Any such incorporated society may make and adopt bylaws not inconsistent with the laws of
this state governing the admission of associates and members, providing for all meetings
and for assistant and district or local officers, and the organization of branch
societies; providing also for means and systems for the effectual attainment of the
objects contemplated by this chapter, for the regulation and management of its business
affairs, and for the effectual working of the society; prescribing also the duties of all
its officers.
40-2-3 Law enforcement powers of humane society agent -- Arrests for violations.
Any member, officer, or agent of any such society so incorporated who shall by the
secretary of such society be duly authorized in writing and confirmed by the board of
directors, and if within a municipal corporation, approved by the mayor or president of
the board of such municipality, and if within a county beyond the limits of a municipal
corporation, approved by the circuit judge and sworn in the same manner as are peace
officers, may interfere to prevent the inhumane treatment of any animal pursuant to s
40-2-4 and may use such force as may be necessary to prevent such inhumane treatment and
to that end may summon to his aid any peace officer. He may make arrests for the violation
of any of the provisions of chapter 40-1, in accordance with the provisions of s 40-2-4 in
the same manner as other peace officers. Such member, officer, or agent shall, when making
such arrest, exhibit the badge adopted by the society of which he is a member, officer, or
agent.
40-2-4 Limitation on activities.
Except as provided in chapter 40-1, the activities of any humane society incorporated
pursuant to this chapter for the prevention of inhumane treatment of animals, as provided
in chapter 40-1 or this chapter, are limited to animals other than cattle, horses, sheep,
swine and other livestock.
40-2-5 Contract for animal control services.
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 county or municipality.
Reviewed by AAHS in September 2001.
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