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South Dakota

Consolidated Assistance Animal/Guide Dog Laws

Statute Details
Printable Version
Citation: S D C L 20-13-23.1 - 4, 32-27-7 - 8; 40-1-38 - 40

Citation: SD ST 20-13-23.1 - 4; 32-27-7 - 8; 40-1-38 - 40


Last Checked by Web Center Staff: 12/2013

Summary:  

The following statutes comprise the state's relevant assistance animal and guide dog laws.



Statute in Full:

South Dakota Codified Laws. Title 20. Personal Rights and Obligations. Chapter 20-13. Human Rights.

20-13-23.1. Right of disabled persons to equal treatment in public accommodations

20-13-23.2. Physically disabled, blind or deaf person's right to be accompanied by guide dog without extra charge-Liability for damages-Violation as misdemeanor

20-13-23.3. Repealed by SL 1986, ch 170, § 19

20-13-23.4. Right to keep guide dog in rented or leased residence-Violation as misdemeanor

South Dakota Codified Laws. Title 32. Motor Vehicles. Chapter 32-27. Pedestrians' Rights and Duties.

32-27-7. Duty of motorist to stop for pedestrian carrying cane or guided by dog--Violation as misdemeanor

32-27-8. Rights of blind persons not carrying cane or guided by dog-- Contributory negligence

Links to Harm to a Service Animal Provisions:

40-1-38. Harassment of service animal accompanying disabled person prohibited

40-1-39. Rebuttable presumption of maliciousness

40-1-40. Harassment defined--Malicious act defined

 

 

 

South Dakota Codified Laws. Title 20. Personal Rights and Obligations. Chapter 20-13. Human Rights.

20-13-23.1. Right of disabled persons to equal treatment in public accommodations

Any person with a disability is entitled to reasonably equal accommodations, advantages, facilities, and privileges of all hotels, lodging places, places of public accommodation, amusement or resort, and other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons.

CREDIT(S)

Source: SL 1976, ch 153, § 1; SL 1986, ch 170, § 18.

 

20-13-23.2. Physically disabled, blind or deaf person's right to be accompanied by guide dog without extra charge--Liability for damages--Violation as misdemeanor

Any person who is totally or partially physically disabled, totally or partially blind, or totally or partially deaf may be accompanied by a service animal, especially trained for the purpose, in any of the places listed in § 20-13-23.1 without being required to pay an extra charge for the service animal. However, the person with a disability is liable for any damage done to the premises or facilities by the service animal. Failure of any owner or employee of a place listed in § 20-13-23.1 to comply with the provisions of this section is a Class 2 misdemeanor.

CREDIT(S)

Source: SL 1976, ch 153, § 2; SL 1980, ch 172, § 1; SL 1994, ch 160, § 1; SL 1995, ch 118, § 1.

 

20-13-23.3. Repealed by SL 1986, ch 170, § 19


 

20-13-23.4. Right to keep guide dog in rented or leased residence--Violation as misdemeanor

No landlord may prohibit by lease or otherwise the keeping of a service animal by a person who is totally or partially physically disabled, totally or partially blind, or totally or partially deaf in an apartment or other rented or leased residential property. A violation of this section is a Class 2 misdemeanor.

Source: SDCL § 20-13-23.2 as added by SL 1980, ch 172, § 1; SL 1994, ch 160, § 4; SL 1995, ch 118, § 2.

 

South Dakota Codified Laws. Title 32. Motor Vehicles. Chapter 32-27. Pedestrians' Rights and Duties.

32-27-7. Duty of motorist to stop for pedestrian carrying cane or guided by dog--Violation as misdemeanor

Whenever a pedestrian is crossing or attempting to cross a public street or highway, guided by a guide dog or carrying in a raised or extended position a cane or walking stick which is white in color or white tipped with red, the driver of every vehicle approaching the intersection, or place where such pedestrian is attempting to cross, shall bring his vehicle to a full stop before arriving at such intersection or place of crossing, and before proceeding shall take such precautions as may be necessary to avoid injuring such pedestrian. A violation of this section is a Class 2 misdemeanor.

Source: SL 1949, ch 176, §§ 2, 4; SDC Supp 1960, §§ 44.0318-1, 44.9932; SDCL § 32-27-9; SL 1980, ch 232. 

 

32-27-8. Rights of blind persons not carrying cane or guided by dog-- Contributory negligence

Nothing contained in § 32-27-6 or 32-27-7 shall be construed to deprive any totally or partially blind or otherwise incapacitated person, not carrying such a cane or walking stick or not being guided by a dog, of the rights and privileges conferred by law upon pedestrians crossing streets or highways, nor shall the failure of such totally or partially blind or otherwise incapacitated person to carry a cane or walking stick, or to be guided by a guide dog upon the streets, highways, or sidewalks of this state, be held to constitute nor be evidence of contributory negligence.

Source: SL 1949, ch 176, § 3; SDC Supp 1960, § 44.0318-1.

 

 



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