South Dakota

TITLE V


ANIMALS

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5A.00  Definitions

Unless the context otherwise indicates, the following are the definitions of terms in this title.


          (a)  Animal - Animals which, because of their size or temperament, may threaten persons or property if allowed to run at 

                large, including, but not limited to, cows, bulls, horses, mules, donkeys, sheep or goats.

          (b)  Cat - Felis catus, commonly known as a domestic cat, or any hybrids and includes both male and female.


          (c)  Dog – Canis lupus familiaris, commonly known at the domesticated dog, or any hybrids and includes both male and

                female

          (d)  At Large – A dog, cat or other animal shall be deemed AT LARGE within the meaning of this chapter when the animal is
                either:
         

                    (1)  On the premises of a person, firm or corporation other than the owner, without the consent of the owner or

                          occupant of the premises;


                    (2)  In or upon a vehicle without the consent of the owner or possessor of the vehicle;


                    (3)  In a park, cemetery, public or private school grounds or public place and not under the control of the owner by

                          means of a leash not to exceed ten feet in length, or is accompanied by and under the control and direction of a 

                          competent owner and obedient to that owner’s command and is within two of the dog’s body length from the

                          person; 
         

                    (4)  On a public street, alley or other right-of-way, except when under the control of the owner by means of a leash not

                           to exceed ten feet in length or is accompanied by and under the control and direction of a competent owner and

                           obedient to that owner’s command and is within two of the dog’s body length from the person.

          (e)  “Dangerous” dog, cat or other animal -


                    (1)  Any dog, cat or other animal, that, without intentional provocation, bites or attacks humans or other animals;


                    (2)  Any dog, cat or other animal, with a propensity, tendency, or disposition to attack, cause injury or otherwise   

                          endanger the safety of human beings or domestic animals.


                    (3)  Any dog, cat or other animal with a propensity to attack or bite human beings known, or ought to reasonably be

                          known to the owner. 

          (f)  Leash – A cord, rope or chain not more than 10 feet in length by which a dog, cat or other animal is controlled by the

               person accompanying it.


          (g)  Licensed Dog or Cat - A dog or cat whose owner has met all the requirements of this chapter relating to license.


          (h)  Unlicensed Dog or cat - A dog or cat whose owner has not met all the requirements of this chapter relating to license.


          (I)  Officer - includes any official with the power and authority of an officer of the law.


          (j)  Owner - Any person, firm or corporation, or legal entity having a possessory property right in a dog, cat or other animal; or

               who harbors, keeps, cares for, exercises control over, or knowingly permits such dog, cat or other animal, to remain on

               premises occupied by such person(s), or who creates the appearance of owning such dog, cat or other animal.  An owner

               or occupant of any premises on which a dog, cat or other animal, remains or to which it customarily returns daily for a

               period of 10 days is presumed to be harboring or keeping the dog, cat or other animal.