40-1-1 Definition of terms.
Definition of terms.
Terms used in chapters 40-1 and 40-2, mean:
"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;
"Animal," any mammal, bird, reptile, amphibian, or fish, except humans;
"Board," the South Dakota Animal Industry Board;
"Cruelty," to intentionally, willfully, and maliciously inflict gross physical abuse on an
animal that causes prolonged pain, that causes serious physical injury, or that results in
the death of the animal;
"Dangerous animal," 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 law
enforcement officer, is a threat to the physical well-being of other owned animals or
"Humane killing," to cause the death of an animal in a manner to limit the pain or
suffering of the animal as much as reasonably possible under the circumstances;
"Impound," to take physical control and custody of an animal;
"Livestock," any agricultural or commercial animal owned, bred, or raised for profit, but
not including dogs, cats, rabbits, or other household pets;
"Mistreat," to cause or permit the continuation of unjustifiable physical pain or suffering
of an animal;
"Neglect," to fail 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;
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"Proper enclosure," a secure confinement in an 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.
SDC 1939, § 40.2201; SL 1991, ch 331, § 1; SL 2014, ch 194, § 1.
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