Section 40-1-1 - Definition of terms

40-1-1. Definition of terms.Terms used in chapters 40-1 and 40-2, mean:(1)'Abandon,' to give 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)'Cruelty,' to intentionally, willfully, and maliciously inflict gross physical abuse on an animal that causes prolonged pain, that causes serious physical injury, or that results in the death of the animal;(5)'Dangerous animal,' any animal that, by itself or by environmental circumstances, at the determination of the board, any agent or officer of a humane society, or any law enforcement officer, is a threat to the physical well-being of other owned animals or humans;(6)'Humane killing,' to cause the death of an animal in a manner to limit the pain or suffering of the animal as much as reasonably possible under the circumstances;(7)'Impound,' to take physical control and custody of an animal;(8)'Livestock,' any agricultural or commercial animal owned, bred, or raised for profit, but not including dogs, cats, rabbits, or

nces;(7)'Impound,' to take physical control and custody of an animal;(8)'Livestock,' any agricultural or commercial animal owned, bred, or raised for profit, but not including dogs, cats, rabbits, or other household pets;(9)'Mistreat,' to cause or permit the continuation of unjustifiable physical pain or suffering of an animal;(10)'Neglect,' to fail 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;(11)'Proper enclosure,' a secure confinement in an enclosed or locked facility suitable to prevent a dangerous animal from escaping and to prevent any physical threat to the well-being of any other animal or human. Source: SDC 1939, §40.2201; SL 1991, ch 331, §1; SL 2014, ch 194, §1.