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40-34 DOG LICENSES AND REGULATION
CHAPTER 40-34

DOG LICENSES AND REGULATION

40-34-1      Killing of dog lawful when disturbing domestic animals.
40-34-2      Liability of owner for damages by dog disturbing domestic animals--Property subject to execution--Violation as misdemeanor.
40-34-3      Joint liability of owners for damages by dogs in packs--Right of contribution among dog owners.
40-34-4      Dogs at large declared nuisance by county commissioners--Abatement.
40-34-5      Running at large prohibited by county--County license or tax on dogs.
40-34-6      Graduated fee for county dog license.
40-34-7      Repealed.
40-34-8      Pound program--Animal control services defined.
40-34-9      Animal control program in counties--Impounding of animals--Contracts with municipalities.
40-34-10      Sources of funds for animal control program.
40-34-11      Destruction by law enforcement officer of dog harming big game.
40-34-12      Destruction by owner or tenant of dog harming big game.
40-34-13      Ownership of vicious dog as public nuisance.
40-34-14      Vicious dog defined.
40-34-15      Injury to person trespassing, teasing dog, or attempting to commit crime.
40-34-16      Ordinance specific as to breed of dog prohibited.


40-34-1 Killing of dog lawful when disturbing domestic animals.
     40-34-1.   Killing of dog lawful when disturbing domestic animals. 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.


40-34-2 Liability of owner for damages by dog disturbing domestic animals--Property subject to exe...
     40-34-2.   Liability of owner for damages by dog disturbing domestic animals--Property subject to execution--Violation as misdemeanor. 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 except such as is absolutely exempt, is subject to execution issued upon a judgment for such damages and costs.

Source: SDC 1939, § 40.1312; SL 1991, ch 186, § 28.


40-34-3 Joint liability of owners for damages by dogs in packs--Right of contribution among dog ow...
     40-34-3.   Joint liability of owners for damages by dogs in packs--Right of contribution among dog owners. 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 verdict, decision, and judgment may be rendered against the owners of such dogs. In case of joint liability for same, which joint liability is paid, the owner of the dogs jointly liable may have contribution among themselves in an appropriate action in which the respective damages committed by their respective dogs may be prorated.

Source: SDC 1939, § 40.1312.


40-34-4 Dogs at large declared nuisance by county commissioners--Abatement.
     40-34-4.   Dogs at large declared nuisance by county commissioners--Abatement. 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 subject to the provisions of §§ 21-10-5, 21-10-6, and 21-10-9.

Source: SL 1964, ch 30, § 1.


40-34-5 Running at large prohibited by county--County license or tax on dogs.
     40-34-5.   Running at large prohibited by county--County license or tax on dogs. 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 any person within the county.

Source: SL 1964, ch 30, § 1.


40-34-6 Graduated fee for county dog license.
     40-34-6.   Graduated fee for county dog license. 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
     40-34-7.   Repealed by SL 1991, ch 186, § 29


40-34-8 Pound program--Animal control services defined.
     40-34-8.   Pound program--Animal control services defined. 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: SL 1975, ch 100, § 4.


40-34-9 Animal control program in counties--Impounding of animals--Contracts with municipalities.
     40-34-9.   Animal control program in counties--Impounding of animals--Contracts with municipalities. 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 purposes of providing animal control may contract with a municipality having a pound or a humane society established pursuant to chapter 40-2.

Source: SL 1975, ch 100, § 2.


40-34-10 Sources of funds for animal control program.
     40-34-10.   Sources of funds for animal control program. 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.


40-34-11 Destruction by law enforcement officer of dog harming big game.
     40-34-11.   Destruction by law enforcement officer of dog harming big game. 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.


40-34-12 Destruction by owner or tenant of dog harming big game.
     40-34-12.   Destruction by owner or tenant of dog harming big game. 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.


40-34-13 Ownership of vicious dog as public nuisance.
     40-34-13.   Ownership of vicious dog as public nuisance. 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.


40-34-14 Vicious dog defined.
     40-34-14.   Vicious dog defined. 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, sidewalks, or any public grounds or places; or
             (2)      Any dog which, on private property, when unprovoked, in a vicious or terrifying manner approaches in apparent attitude of attack, or bites, or inflicts injury, or otherwise attacks a mailman, meter reader, serviceman, journeyman, delivery man, or other employed person who is on private property by reason of permission of the owner or occupant of such property or who is on private property by reason of a course of dealing with the owner of such private property.

Source: SL 1988, ch 330, § 2.


40-34-15 Injury to person trespassing, teasing dog, or attempting to commit crime.
     40-34-15.   Injury to person trespassing, teasing dog, or attempting to commit crime. 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 attempting to commit a crime.

Source: SL 1988, ch 330, § 3.


40-34-16 Ordinance specific as to breed of dog prohibited.
     40-34-16.   Ordinance specific as to breed of dog prohibited. 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, or enforce any form of regulation that applies to all dogs.

Source: SL 2014, ch 196, § 1.


Title 40

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