Section 40-1-5 - Officer or agent to take custody of inhumanely treated animal pursuant to warrant orcourt order--Exception--Expenses of care as lien.
40-1-5. Officer or agent to take custody of inhumanely treated animal pursuant to warrant or court order--Exception--Expenses of care as lien. Any peace officer, agent of the board, or agent or officer of any humane society finding an animal inhumanely treated, as defined in § 40-1-2.4, shall, pursuant to a warrant or court order, cause the animal to be impounded or otherwise properly cared for, and the expenses of such impoundment or care shall be a lien on the animal to be paid before the animal may be lawfully recovered. However, a warrant or court order is not necessary if the animal is severely injured, severely diseased, or suffering and any delay in impounding the animal would continue to cause the animal extreme suffering or if other exigent circumstances exist. If any animal is impounded or subjected to other action under this section without a warrant or court order, the officer or agent shall subsequently show cause for the impoundment or other action to the court, and the court shall issue an order ratifying the impoundment or action; or, if sufficient cause for the impoundment or action is not shown, the court shall order the return of the animal to the owner or other appropriate remedy.
Source: SDC 1939, § 40.2202; SL 1991, ch 331, § 15; SL 2006, ch 211, § 8.