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South Dakota
Anti-Cruelty Statutes

SOUTH DAKOTA CODIFIED LAWS
TITLE 9. MUNICIPAL GOVERNMENT
CHAPTER 9-29. GENERAL POLICE POWERS AND VIOLATIONS

9-29-11 Cruelty to animals.
Every municipality shall have power to prohibit and punish cruelty to animals.

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TITLE 40. ANIMALS AND LIVESTOCK
CHAPTER 40-1. CRUELTY, ABUSE AND INJURY TO ANIMALS
40-1-1 Definition of terms.
Terms used in chapters 40-1 and 40-2, mean:

(1) "Abandonment," giving 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;

(2) "Animal," any mammal, bird, reptile, amphibian or fish, except humans;

(3) "Board," the South Dakota animal industry board;

(4) "Captive wild animal," any wild animal held in man-made

confinement or physically altered to limit movement and facilitate capture;
(5) "Domestic animal," any animal that through long association with man, has been bred to a degree which has resulted in genetic changes affecting the temperament, color, conformation or other attributes of the species to an extent that makes it unique and different from wild individuals of its kind;

(6) "Exotic animal," any animal not occurring naturally in the United States either currently or historically;

(7) "Impoundment," taking physical control and custody of an animal;

(8) "Non-domestic animal," any animal that is not domestic;

(9) "Other livestock," any agricultural or commercial animal owned, bred or raised for profit, but not including dogs, cats, rabbits or other household pets;

(10) "Wild animal," any animal not in captivity, other than a domestic animal; and

(11) "Zoological animal," any animal in any zoo or intended to be used in a zoo.

40-1-2. Overwork, torture, starving or cruelty to animal prohibit ed.
40-1-2.2 Mistreatment, torture or cruelty of animals defined.
For the purposes of this chapter and chapter 40-2, the mistreatment, torture or cruelty of an animal is any act or omission whereby unnecessary, unjustifiable or unreasonable physical pain or suffering is caused, permitted or allowed to continue including acts of mutilation.

40-1-2.3 Neglect defined.
For the purposes of this chapter and chapter 40-2, the neglect of an animal is the failure 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.

40-1-2.4 Inhumane treatment defined.
For the purposes of this chapter and chapter 40-2, the inhumane treatment of an animal is any act of mistreatment, torture, cruelty, neglect, abandonment, mutilation or inhumane slaughter of an animal that is not consistent with generally accepted training, use and husbandry procedures for the species, breed, physical condition and type of animal.

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