Full Statute Name:  South Dakota Codified Laws. Title 40. Animals and Livestock. Chapter 40-34. Dog Licenses and Regulation

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Primary Citation:  S D C L § 40-34-13 to 16 Country of Origin:  United States Last Checked:  October, 2014 Alternate Citation:  SD ST § 40-34-13 to 16 Date Adopted:  1988
Summary:

This South Dakota statute provides that a vicious dog, defined as any dog which, when unprovoked , in a vicious manner approaches in apparent attitude of attack, or bites, or otherwise attacks a human being including a mailman, meter reader, serviceman, etc. who is on private property by reason of permission of the owner, is a public nuisance.  However, 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.

Statute Text: 

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.

CREDIT(S)

Source: SL 1988, ch 330, § 1.

 

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.

CREDIT(S)

Source: SL 1988, ch 330, § 2.

 

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.

CREDIT(S)

Source: SL 1988, ch 330, § 3.

 

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.

Credits
Source: SL 2014, ch 196, § 1.

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