South Dakota

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State v. Fifteen Impounded Cats

Under a statute that allowed an officer to impound animals without a warrant if exigent circumstances exist, fifteen unconfined cats, who were roaming around a vehicle, were impounded. At a hearing to ratify the impoundment, the court found a large number of unconfined cats that obstructed the defendant's view for driving constituted exigent circumstances under SDCL 40-1-5. After a motion was granted to transfer ownership of the cats to a local humane society for adoption, the defendant appealed. The appeals court affirmed the lower court’s decision.

SD - Veterinary - Chapter 36-12. Veterinarians.

These are the state's veterinary practice laws.  Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners.

SD - Vehicle - SDCL § 41-1-12. Euthanasia of animal injured in motor vehicle accident Any person who has seriously injured a wildlife animal or who comes upon a wildlife animal that has been seriously injured in a motor vehicle accident may euthanize the animal if that person has the means, skill, and will to euthanize humanely.
SD - Trust - 55-1-21. Trust for care of designated animal.

South Dakota's pet trust law was enacted in 2006. The trust terminates when no living animal is covered by the trust. A governing instrument shall be liberally construed to bring the transfer within this section.

SD - Trap - 41-8-28. Trap robbing or injury as misdemeanor

This South Dakota law provides that any person who steals, damages or destroys a trap of another, or who steals, damages, or destroys animals, animal carcasses, or the pelts thereof, held fast by such traps, is guilty of a Class 1 misdemeanor.

SD - Predator Control - Chapter 40-36. Predatory Animal and Reptile Control.

These South Dakota statutes pertain to predatory animal and reptile control. The Department of Game, Fish and Parks and the United States Fish and Wildlife Service work together to control coyotes, feral dogs, fox, prairie dogs, and other wild animals that are injurious to livestock, poultry, game, land, and the public health. Bounties may be paid for coyotes, if the bounty hunter has a license.

SD - Marion - Breed - 9.0312 Vicious or Diseased Animals.

In Marion, South Dakota, it is unlawful to keep, maintain or have in their possession or under their control any vicious animal, which includes Pit Bulls, Doberman Pincers, and Rottweilers.  Police are authorized to impound any vicious dog or kill it without impounding it. A violation is a misdemeanor.

SD - Lost Property - Chapter 43-41. Lost and Found Property.

These statutes comprise South Dakota's lost property provisions.

SD - Licenses - 40-34-5. Running at large prohibited by county--County license or tax on dogs

This South Dakota statute provides that the board of county commissioners of each of the counties 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.

SD - Hunting - 41-1-8. Interference with lawful hunting, trapping, or fishing prohibited--Violation as misdemeanor

This South Dakota law reflects the state's hunter harassment provision. The law prohibits a person from intentionally interfering with any person or group of persons lawfully engaged in the process of taking or attempting to take any game or fish. This includes actions specifically intended to harass and any activity intended to scare or disturb game with the specific intent of preventing their lawful taking. Violation is a Class 2 misdemeanor.