State
South Dakota dog laws: leash, licensing, bites and breed rules
South Dakota lets counties and cities run leash and licence rules, bars local breed-specific rules, and treats a vicious dog as a public nuisance.
Leashes and licensing
| Leash law | No statewide leash law. County commissioners may regulate, restrain or prohibit dogs running at large. |
|---|---|
| Licensing | Set locally. Counties may impose a dog licence or tax on dogs not already licensed under a municipal ordinance, with a graduated fee for owners of more than ten dogs. |
Health and bites
| Rabies vaccination | The state rabies chapter has no general vaccination mandate. The department may order a dog or cat that bit a person confined for at least ten days at the owner's expense. |
|---|---|
| Bite liability | One-bite rule (common law). No dog-bite statute; a victim can sue for scienter (the owner knew of dangerous tendencies) or for ordinary negligence. |
| Dangerous dogs | The vicious-dog provisions set no registration or insurance requirement. A vicious dog (unprovoked attack on a person in public, or on a worker lawfully on private property) is a public nuisance, and the owner faces nuisance remedies. |
Other rules
| Breed-specific rules | State law bars any local government from enacting or enforcing an ordinance or policy specific to a dog's breed or perceived breed; rules covering all dogs are allowed. |
|---|---|
| Tethering | No statewide tethering law |
| Dogs in hot cars | An owner or caretaker may not leave a dog, cat or other small animal unattended in a parked vehicle in a way that endangers it. Peace officers and humane society agents may use reasonable force to remove it and are not liable for the damage. |
| Animal cruelty felony | Cruelty (intentional, willful, malicious gross physical abuse causing prolonged pain, serious injury or death) is a Class 6 felony; neglect or mistreatment is a Class 1 misdemeanor. |
Main statutes
- S.D. Codified Laws ch. 40-34
- S.D. Codified Laws 40-12-5
- S.D. Codified Laws 40-1-1
- S.D. Codified Laws 40-1-2.4
- S.D. Codified Laws 40-1-36
This is a general summary of South Dakota state law about dogs. It is information, not legal advice. Reviewed November 2026.
Leashes and licensing
South Dakota has no statewide leash law and no statewide dog licence. Instead, the county commissioners of each county have the power to regulate, restrain or prohibit the running at large of dogs, and to impose a licence or tax on dogs that are not already licensed or taxed under a city ordinance. A county may set a graduated fee when a person keeps more than ten dogs. Counties may also run animal control programs and pounds and contract with cities to do so. In practice, whether your dog must be leashed or licensed depends on where you live.
Separately, state law protects livestock and poultry. Any person may lawfully kill a dog found chasing, worrying, injuring or killing poultry or domestic animals away from the dog owner's premises, and an owner is liable for damage a dog does by disturbing domestic animals.
Rabies vaccination
The state's rabies chapter lets the Animal Industry Board require animals to be muzzled, caged, tied or confined in places where rabies exists. It does not set a general age or schedule for vaccinating dogs, so check local rules for any vaccination requirement. After a bite, the Department of Health may serve written notice on the owner of a dog or cat that has attacked or bitten a person to confine the animal, at the owner's expense, at home or at a pound or other designated place, for at least ten days. A dog or cat known to have been bitten by a rabid or suspected rabid animal may be confined for six months, or three months if properly treated with a rabies vaccine.
Dangerous dogs and bites
South Dakota's vicious-dog provisions set no registration or insurance requirement. Its "vicious dog" provision covers a dog that, unprovoked, in a vicious or terrorizing manner approaches in an apparent attitude of attack, bites or otherwise attacks a person on streets, sidewalks or public grounds, or attacks a mail carrier, meter reader, deliveryperson or similar worker who is on private property with permission. Someone who owns or keeps such a dog commits a public nuisance and can face the usual nuisance remedies. A dog cannot be declared vicious if the injured person was trespassing, teasing, tormenting or assaulting the dog, or committing a crime.
For civil claims, South Dakota has no dog-bite statute. Courts apply a common-law rule: an injured person can recover if the owner knew or had reason to know of a dangerous tendency, and a person can also sue for ordinary negligence without proving the dog was vicious.
Breed-specific rules
No local government may enact, maintain or enforce any ordinance, policy, resolution or other enactment that is specific to the breed or perceived breed of a dog. Local rules that apply to all dogs remain allowed.
Tethering and hot cars
South Dakota has no statewide tethering law. An owner or caretaker may not leave a dog, cat or other small animal unattended in a parked vehicle in a manner that endangers it. Peace officers and humane society agents may use reasonable force to remove the animal and cannot be held civilly or criminally liable for the damage. Neglecting, abandoning or mistreating an animal is a Class 1 misdemeanor, while cruelty, meaning intentional, willful and malicious gross physical abuse that causes prolonged pain, serious injury or death, is a Class 6 felony.
Where to check your local rule
Counties and cities often have stricter leash, licence and number-of-dogs rules, though not breed rules. Check your city or county animal control website or ordinance code. If your dog has bitten someone or been reported, talk to a lawyer or the animal-control office.
Sources
This is general information about state law, not legal advice. Cities and counties often set stricter rules, and laws change. For a particular situation, ask a lawyer or your local animal control office.
Profile last reviewed November 8, 2026