While South Dakota has no state laws restricting the tethering or chaining of dogs, it’s not a free-for-all, and here’s what you need to know:
Tethering Laws:
- State Level: South Dakota has no specific state ordinances about tethering or chaining dogs.
- Local Ordinances: Some counties and cities within South Dakota have their own rules, so check local regulations where you live. For example, in Ipswich, SD, animals must be “tied, leashed or otherwise controlled” on their owner’s property. It is illegal for a dog to run at large on the streets, alleys, or another person’s property within city limits.
- Leash Length: In Ipswich, a leash is defined as a chain no more than ten feet in length and strong enough to control the dog.
General Animal Cruelty Laws:
- Even without specific tethering laws, general anti-cruelty laws could apply if a dog suffers neglect or cruelty while tethered.
- It is illegal to cruelly confine, chain, or tether an animal.
Dog Bites:
- South Dakota follows the “One-Bite Rule”. This means that an owner is liable for dog bite injuries if they knew the dog was dangerous or potentially a threat. After the first bite, the dog is considered “known to be dangerous,” and the owner is liable for future damages.
Other Considerations:
- Never tether a dog in a way that could choke or injure them.
- Always provide tethered dogs with food, water, and shelter.
- Leaving an animal unattended in a vehicle in a way that endangers its health or safety is illegal.
- If an unvaccinated dog bites someone, the state considers it a potential rabies carrier and may quarantine or euthanize the dog. If the dog does not show symptoms, it will go through a ten-day quarantine.
Comparable Laws in Other States:
Many states have implemented laws regarding how long a dog can be tethered. For example:
- Nevada: No longer than 14 hours.
- Oregon: No longer than 10 hours.
- Massachusetts: No longer than 5 hours.
- Fargo, North Dakota: Chains/tethers must be at least three times the length of the animal and no more than ten pounds. Animals cannot be tethered for more than two consecutive hours, with a two-hour rest period in between, and no more than four two-hour periods in 24 hours.
Sources:
[1] https://www.peta.org/issues/animal-companion-issues/ordinances/fargo-north-dakota/
[2] https://sdlegislature.gov/Statutes/40-1-36
[3] https://www.animallaw.info/topic/table-state-dog-tether-laws
