South Dakota Codified Laws
Chapter 02 - Humane Societies
Section 40-2-7 - Enforcement by law enforcement officer or animal control officer--Powers.

40-2-7. Enforcement by law enforcement officer or animal control officer--Powers.
Any law enforcement agency may enforce the provisions of this chapter or chapter 40-1. An animal care and control agency may enforce the provisions of this chapter or chapter 40-1 in a county or municipality if the legislative authority of the county or municipality has entered into a contract with the agency to enforce the provisions of this chapter and chapter 40-1. An animal control officer enforcing this chapter or chapter 40-1 shall comply with the same constitutional and statutory restrictions concerning the execution of police powers imposed on a law enforcement officer who enforces this chapter, chapter 40-1, and other criminal laws. An animal control officer has the following enforcement powers when enforcing this chapter:
(1)The power to issue citations based on probable cause to offenders for misdemeanor and felony violations of this chapter or chapter 40-1;
(2)The power to request that a law enforcement officer arrest and take into custody any person the animal control officer has probable cause to believe has committed or is committing a violation of this chapter or chapter 40-1. An animal control officer may make an oral complaint to a prosecuting attorney or a law enforcement officer to initiate an arrest. The animal control officer causing the arrest shall file with the arresting agency a written complaint within twenty-four hours of the arrest, excluding Sundays and legal holidays, stating the alleged act or acts constituting a violation;
(3)The power to carry protective devices, other than firearms, for personal protection;
(4)The power to prepare affidavits in support of search warrants and to execute search warrants when accompanied by law enforcement officers to investigate violations of this chapter or chapter 40-1, and to seize evidence of those violations.

Source: SL 2006, ch 211, ยง3.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 40 - Animals and Livestock

Chapter 02 - Humane Societies

Section 40-2-1 - Incorporation of society--Number of incorporators--Authorization by county to exercise statutory privileges and authority.

Section 40-2-4 - Limitation on activities.

Section 40-2-5 - Contract for animal control services.

Section 40-2-6 - Animal control officers--Appointments--Judicial authorization.

Section 40-2-7 - Enforcement by law enforcement officer or animal control officer--Powers.

Section 40-2-8 - Animal care and control agency defined.

Section 40-2-9 - Animal control officer defined.