reglab/housing_qa huggingface dataset:
SD Codified L § 40-1-11 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 01 - Cruelty Abuse And Injury To Animals|Section 40-1-11 - Entry by officer of place where animal fight conducted--Arrest of persons present.

40-1-11. Entry by officer of place where animal fight conducted--Arrest of persons present.Any law enforcement officer may enter any place where there is any sport or exhibition of the fighting of animals or where preparations are being made for such sport or exhibition, and without a warrant arrest any person there present. Source: SDC 1939, §40.2210; SL 1991, ch 331, §24; SL 2014, ch 194, §11.
SD Codified L § 40-1-11.1 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 01 - Cruelty Abuse And Injury To Animals|Section 40-1-11.1 - Seizure of fighting animals and related paraphernalia--Disposition.

40-1-11.1. Seizure of fighting animals and related paraphernalia--Disposition.Any law enforcement officer making an arrest for a violation of §40-1-10.1 shall take possession of all animals and all paraphernalia, implements, or other property or things used or employed, or about to be employed, in the violation of any of the provisions of §40-1-10.1. The provisions of chapters 23A-35 and 23A-37 apply to the search and seizure of violations of §40-1-10.1 and apply to the disposition of seized paraphernalia, implements, or other property or things used or employed, or about to be employed, in violation of §40-1-10.1. For the purposes of this section, animals seized pursuant to a violation of §40-1-10.1 are contraband and property of an illegal nature and may be destroyed pursuant to §23A-37-9. Source: SL 1985, ch 317, §2; SL 2014, ch 194, §12.
SD Codified L § 40-1-12 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 01 - Cruelty Abuse And Injury To Animals|Section 40-1-12 - Allowing fatally injured or diseased animal to suffer needlessly prohibited--Violation as misdemeanor.

40-1-12. Allowing fatally injured or diseased animal to suffer needlessly prohibited--Violation as misdemeanor.No person may keep any animal which is injured or diseased, past recovery, or unfit for any useful purpose and in suffering, or intentionally abandon to die any sick or disabled animal. A violation of this section is a Class 1 misdemeanor. Source: SDC 1939, §40.2206; SL 1977, ch 190, §448; SL 1991, ch 186, §7; SL 1991, ch 331, §27.
SD Codified L § 40-1-13 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 01 - Cruelty Abuse And Injury To Animals|Section 40-1-13 - Euthanasia of fatally injured or diseased animal--Notice to euthanize--Violation as misdemeanor.

40-1-13. Euthanasia of fatally injured or diseased animal--Notice to euthanize--Violation as misdemeanor.Any animal injured or diseased past recovery shall be euthanized within twelve hours in a manner prescribed in rule by the board, by the owner or person in possession of the animal, after having been notified by any law enforcement officer, any agent or officer of any humane society, or any agent of the board to euthanize the animal. A violation of this section is a Class 1 misdemeanor. Source: SDC 1939, §40.2206; SL 1991, ch 186, §8; SL 1991, ch 331, §§25, 27; SL 2014, ch 194, §13.
SD Codified L § 40-1-14 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 01 - Cruelty Abuse And Injury To Animals|Section 40-1-14 - Corporate responsibility for knowledge and acts of agents.

40-1-14. Corporate responsibility for knowledge and acts of agents.For the purposes of §§40-1-1 to 40-1-17, inclusive, knowledge and acts of agents of, and persons employed by, any corporation in regard to animals transported, owned, or employed by or in custody of such corporation, shall be held to be the knowledge and acts of such corporation as well as such agents or employees. Source: SDC 1939, §40.2201 (4).
SD Codified L § 40-1-16 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 01 - Cruelty Abuse And Injury To Animals|Section 40-1-16 - Regulated scientific experiments permitted--Inspection.

40-1-16. Regulated scientific experiments permitted--Inspection.Nothing in this chapter may be construed to interfere with any properly conducted scientific experiments or investigations performed by personnel following guidelines, regulations, or requirements established by the United States Department of Agriculture and the United States Department of Health and Human Services. Any experiments or scientific investigation and facilities used under this section shall be open to inspection by the board. Source: SDC 1939, §40.2211; SL 1991, ch 331, §28; SL 2014, ch 194, §14.
SD Codified L § 40-1-17 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 01 - Cruelty Abuse And Injury To Animals|Section 40-1-17 - Exemptions from chapters 40-1 and 40-2.

40-1-17. Exemptions from chapters 40-1 and 40-2.Nothing in this chapter or chapter 40-2 may be construed to interfere with an animal under the direct and proper care of a licensed veterinarian or with persons engaged in standard and accepted agricultural pursuits or animal husbandry practices.In addition, the following are exempt from the provisions of this chapter and chapter 40-2:(1)Any usual and customary practice;(a)In the production of food, feed, or fiber, including all aspects of the livestock industry;(b)In the boarding, breeding, competition, exhibition, feeding, raising, service work, showing, training, transportation, and use of animals; or(c)In the harvesting of animals for food or byproducts;(2)Any humane killing of an animal;(3)Any lawful hunting, trapping, fishing, or other activity authorized by the South Dakota Department of Game, Fish and Parks;(4)Any lawful pest, vermin, predator, and animal damage control, including the disposition of wild animals;(5)Any reasonable action taken by a person for the destruction or control of an animal known to be dangerous, a threat, or injurious to life, limb, or property; and(6)Any actions taken by personnel or agents of the board, the Department of Agriculture and Natural Resources, Department of Game, Fish and Parks, or the United States Department of Agriculture in the performance of duties as prescribed by law. Source: SDC 1939, §40.2211; SL 1991, ch 331, §30; SL 2014, ch 194, §15; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
SD Codified L § 40-1-20 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 01 - Cruelty Abuse And Injury To Animals|Section 40-1-20 - Intentionally poisoning animal of another--Misdemeanor--Exceptions.

40-1-20. Intentionally poisoning animal of another--Misdemeanor--Exceptions.Except as specifically provided for in this chapter, no person may intentionally administer poison to any animal that belongs to another, nor intentionally expose any poisonous substance so that it may be taken by an animal which belongs to another. A violation of this section is a Class 1 misdemeanor. This section may not be construed to prevent euthanasia by a licensed veterinarian with proper authority from the animal's owner nor may it prevent acts of euthanasia authorized by this chapter. This section may not be construed to prevent animal control activities conducted by municipalities or counties. Source: SDC 1939, §13.1428; SL 1977, ch 190, §452; SL 1991, ch 331, §31; SL 2014, ch 194, §16.
SD Codified L § 40-1-21 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 01 - Cruelty Abuse And Injury To Animals|Section 40-1-21 - Killing, injuring, or mistreating animal of another as misdemeanor--Authorized euthanasia excepted.

40-1-21. Killing, injuring, or mistreating animal of another as misdemeanor--Authorized euthanasia excepted.No person may intentionally kill any animal of any age or value, the property of another, nor intentionally injure or mistreat any such animal. A violation of this section is a Class 1 misdemeanor. This section may not be construed to prevent euthanasia by a licensed veterinarian with proper authority from the animal's owner nor may it prevent acts of euthanasia authorized by this chapter. This section may not be construed to prohibit euthanasia conducted by the municipality or under a municipality's animal control activities. This section may not be construed to prohibit activities conducted under chapter 40-34. Source: SDC 1939, §13.1426; SL 1977, ch 190, §453; SL 1991, ch 331, §32; SL 2014, ch 194, §17.
SD Codified L § 40-1-23 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 01 - Cruelty Abuse And Injury To Animals|Section 40-1-23 - Potentially dangerous animal--Enclosure--Accompaniment by owner or caretaker--Restraint--Violation as misdemeanor.

40-1-23. Potentially dangerous animal--Enclosure--Accompaniment by owner or caretaker--Restraint--Violation as misdemeanor.The owner or caretaker of a potentially dangerous animal shall keep such animal in a proper enclosure. If a potentially dangerous animal is not in a proper enclosure, it shall be directly accompanied by its owner or caretaker and confined or restrained in such a manner that, after investigation by the board, any peace officer, or any officer or agent of a humane society, it is not a dangerous animal. The ownership or possession of a dangerous animal in violation of this section is a Class 1 misdemeanor. Source: SL 1991, ch 331, §7.
SD Codified L § 40-1-24 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 01 - Cruelty Abuse And Injury To Animals|Section 40-1-24 - Authority of officer or agent to control dangerous animal--Seizure, impoundment, or euthanasia authorized.

40-1-24. Authority of officer or agent to control dangerous animal--Seizure, impoundment, or euthanasia authorized.Any peace officer, officer or agent of a humane society, or agent of the board may use all necessary means to control a dangerous animal so as not to immediately jeopardize the health or safety of themselves or others. Any officer or agent of a humane society, agent of the board, or peace officer may enter, search, and investigate premises, take testimony from owner and witnesses and seize, impound, or euthanize a dangerous animal. Source: SL 1991, ch 331, §8.
SD Codified L § 40-1-25 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 01 - Cruelty Abuse And Injury To Animals|Section 40-1-25 - Administration and enforcement of provisions regarding livestock and dangerous animals--Promulgation of rules.

40-1-25. Administration and enforcement of provisions regarding livestock and dangerous animals--Promulgation of rules.The board shall administer and enforce the provisions of this chapter concerning cattle, horses, sheep, swine, and other livestock. In addition, the board may address situations involving dangerous animals, including nonlivestock animals, under the provisions of §§40-1-23 and 40-1-24. The board may issue orders for the execution of the powers conferred upon it by this chapter. The board may promulgate rules, pursuant to chapter 1-26, which may address cattle, horses, sheep, swine, and other livestock and dangerous animals, and which shall include:(1)Procedures for filing complaints;(2)Reasons for and methods of euthanizing animals;(3)Specific standards and accepted food, water, protection from the elements, sanitation facilities, and care;(4)Procedures and methods for impoundment;(5)Methods for transferring ownership of impounded animals;(6)Methods of investigating reported inhumane treatment;(7)Methods for contracting with law enforcement officers, humane societies, or others to serve as agents for the board;(8)Methods for certifying the proper training for agents of the board;(9)Procedures and criteria for the euthanasia of animals pursuant to §40-1-13; and(10)Procedures for dealing with dangerous animals. Source: SL 1991, ch 331, §9; SL 1993, ch 306; SL 2014, ch 194, §18.
SD Codified L § 40-1-28 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 01 - Cruelty Abuse And Injury To Animals|Section 40-1-28 - Inspection of premises authorized.

40-1-28. Inspection of premises authorized.The board, any peace officer, or any agent or officer of a humane society may enter and inspect any premises necessary to carry out the provisions of this chapter. Source: SL 1991, ch 331, §17.
SD Codified L § 40-1-29 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 01 - Cruelty Abuse And Injury To Animals|Section 40-1-29 - Investigation procedure.

40-1-29. Investigation procedure.The board, any peace officer, or any agent or officer of a humane society may administer oaths, take statements, access memoranda, papers, and other documents, articles, and instruments, and may compel the disclosure by witnesses of all facts known to them relative to the matters under investigation pursuant to §40-1-28. Source: SL 1991, ch 331, §18.
SD Codified L § 40-1-30 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 01 - Cruelty Abuse And Injury To Animals|Section 40-1-30 - Records of complaints--Public inspection.

40-1-30. Records of complaints--Public inspection.Complaints of record made to the board, any peace officer, or any agent or officer of a humane society and results of investigations may be closed to public inspection except as provided by court order during investigatory and administrative process. Source: SL 1991, ch 331, §19.
SD Codified L § 40-1-31 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 01 - Cruelty Abuse And Injury To Animals|Section 40-1-31 - Liability of officer or agent.

40-1-31. Liability of officer or agent.No agent of the board, peace officer, or agent or officer of a humane society may be held liable as a result of reasonable actions taken pursuant to this chapter. Source: SL 1991, ch 331, §20.
SD Codified L § 40-1-32 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 01 - Cruelty Abuse And Injury To Animals|Section 40-1-32 - Liability of parent or guardian for violation by minor.

40-1-32. Liability of parent or guardian for violation by minor.A parent or guardian is civilly liable for any violation of this chapter committed by a minor in their custody. Source: SL 1991, ch 331, §26.
SD Codified L § 40-1-34 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 01 - Cruelty Abuse And Injury To Animals|Section 40-1-34 - Disposition of impounded animals.

40-1-34. Disposition of impounded animals.An animal impounded under this chapter shall, within reasonable time at the direction of the board, any agent or officer of a humane society, or any peace officer be disposed of by:(1)Returning to the owner or caretaker;(2)Transferring ownership to a humane society as described in chapter 40-2;(3)Euthanizing;(4)Sold through public auction;(5)Transferring ownership to a suitable caretaker or facility as prescribed in rule by the board; or(6)Any other disposition as determined by the board, any agent or officer of a humane society, or any peace officer in accordance with rules promulgated pursuant to §40-1-25. Source: SL 1991, ch 331, §34.
SD Codified L § 40-1-35 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 01 - Cruelty Abuse And Injury To Animals|Section 40-1-35 - Contract to enforce livestock provisions.

40-1-35. Contract to enforce livestock provisions.The board may contract with a humane society incorporated pursuant to chapter 40-2 to enforce the provisions of this chapter concerning cattle, horses, sheep, swine, and other livestock. Source: SL 1991, ch 331, §35.
SD Codified L § 40-1-36 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 01 - Cruelty Abuse And Injury To Animals|Section 40-1-36 - Unattended animals in standing or parked vehicles--Authority to remove--Liability for removal.

40-1-36. Unattended animals in standing or parked vehicles--Authority to remove--Liability for removal.No owner or caretaker may leave a dog, cat, or other small animal unattended in a standing or parked vehicle in a manner that endangers the health or safety of such animal. Reasonable force may be used to remove such animal by any peace officer or agent or officer of any humane society. No such person may be held civilly or criminally liable for any damage caused by removing such animal from a vehicle. Source: SL 1991, ch 331, §37.
SD Codified L § 40-1-37 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 01 - Cruelty Abuse And Injury To Animals|Section 40-1-37 - Use of weapons or tranquilizing agents to control dangerous animals.

40-1-37. Use of weapons or tranquilizing agents to control dangerous animals.Any agent of the board, any peace officer, or any agent or officer of a humane society may use weapons, tranquilizing agents, or similar items in controlling dangerous animals, impounding animals, or handling animal problems if such use is in accordance with the provisions of this chapter. Source: SL 1991, ch 331, §38.
SD Codified L § 40-1-38 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 01 - Cruelty Abuse And Injury To Animals|Section 40-1-38 - Harassment of service animal accompanying disabled person prohibited.

40-1-38. Harassment of service animal accompanying disabled person prohibited.No person may maliciously beat, injure, attempt to injure, harass, intimidate, entice, distract, or otherwise interfere with any service animal accompanying a person with a disability if the service animal is being controlled by the person and the service animal is wearing a harness or other control device normally used for service animals accompanying or leading persons with disabilities. A violation of this section is a Class 2 misdemeanor. Source: SL 1995, ch 234, §1.
SD Codified L § 40-1-39 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 01 - Cruelty Abuse And Injury To Animals|Section 40-1-39 - Rebuttable presumption of maliciousness.

40-1-39. Rebuttable presumption of maliciousness.In a prosecution for a violation of §40-1-38, evidence that the defendant initiated or continued conduct as described in §40-1-38 after being requested to discontinue that conduct or similar conduct by a person with a disability being served or assisted by the service animal gives rise to a rebuttable presumption that the conduct was initiated or continued maliciously. A conviction and imposition of a sentence under §§40-1-38 to 40-1-40, inclusive, does not prevent a conviction and imposition of a sentence under any other applicable provision of law. Source: SL 1995, ch 234, §2.
SD Codified L § 40-1-40 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 01 - Cruelty Abuse And Injury To Animals|Section 40-1-40 - Harassment defined--Malicious act defined.

40-1-40. Harassment defined--Malicious act defined.For purposes of §§40-1-38 to 40-1-40, inclusive, harass means to engage in any conduct directed toward a service animal that is likely to impede or interfere with the animal's performance of its duties or that places the person with a disability who is being served or assisted by the animal in danger of injury. For purposes of §§40-1-38 to 40-1-40, inclusive, maliciously means actions conducted with the intent to assault, beat, harass, or injure a service animal; actions conducted with the intent to impede or interfere with duties performed by a service animal; actions conducted with the intent to disturb, endanger, or cause emotional distress to a person being served or assisted by a service animal; actions conducted with knowledge that the actions will, or are likely to, harass or injure a service animal; actions conducted with knowledge that the actions will, or are likely to, impede or interfere with duties performed by a service animal; and actions conducted with the knowledge that the actions will, or are likely to, disturb, endanger, or cause emotional distress to a person with a disability being served or assisted by a service animal. Source: SL 1995, ch 234, §3.
SD Codified L § 40-2-1 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 02 - Humane Societies|Section 40-2-1 - Incorporation of society--Number of incorporators--Authorization by county to exercise statutory privileges and authority.

40-2-1. Incorporation of society--Number of incorporators--Authorization by county to exercise statutory privileges and authority.Any three or more citizens of this state organized pursuant to chapter 47-22 as a nonprofit corporation in this state, for the purpose of preventing cruelty to animals, may avail themselves of the privileges of this chapter through an animal control officer subject to the limitations in §§40-2-6 and 40-2-7. The board of county commissioners in each county may grant authority to exercise the privileges and authority granted by this section to one or more qualified nonprofit corporations for a period of up to three years based upon ability to fulfill the purposes of this chapter. Source: SDC 1939, §40.2203; SL 2006, ch 211, §1; SL 2014, ch 194, §22.
SD Codified L § 40-2-4 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 02 - Humane Societies|Section 40-2-4 - Limitation on activities.

40-2-4. Limitation on activities.Except as provided in chapter 40-1, the activities of any humane society incorporated pursuant to this chapter for the prevention of neglect, abandonment, mistreatment, or cruelty to animals, as provided in chapter 40-1 or this chapter, are limited to animals other than cattle, horses, sheep, swine, and other livestock. Source: SL 1991, ch 331, §39; SL 2014, ch 194, §24.
SD Codified L § 40-2-5 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 02 - Humane Societies|Section 40-2-5 - Contract for animal control services.

40-2-5. Contract for animal control services.Nothing in chapter 40-1 or this chapter may prohibit any county or municipality from contracting with an incorporated society to provide animal control services, to enforce county or municipal ordinances or to enforce the provisions of chapter 40-1 within the jurisdiction of the county or municipality. Source: SL 1991, ch 331, §41.
SD Codified L § 40-2-6 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 02 - Humane Societies|Section 40-2-6 - Animal control officers--Appointments--Judicial authorization.

40-2-6. Animal control officers--Appointments--Judicial authorization.The board of directors of a humane society incorporated pursuant to §40-2-1 may appoint society members to act as animal control officers. The appointment shall be in writing. The appointment is effective in a particular county only if an appointee obtains written authorization from a circuit court judge having jurisdiction in the county in which the appointee seeks to enforce this chapter or chapter 40-1. To obtain judicial authorization, an appointee seeking judicial authorization shall provide evidence satisfactory to the judge that the appointee has experience, education, or training that has prepared the appointee to assume the powers granted to animal control officers pursuant to §40-2-7. The board of directors shall review appointments every three years and may revoke an appointment at any time by filing a certified revocation with the circuit court that approved the appointment. Any authorization may not exceed three years or trustee termination, whichever occurs first. Source: SL 2006, ch 211, §2.