TITLE 40
ANIMALS AND LIVESTOCK

CHAPTER 34
DOG LICENSES AND REGULATION

40-34-1.   Killing of dog lawful when disturbing domestic animals.

It shall be lawful for any person to kill any dog found chasing, worrying, injuring, or killing poultry or domestic animals except on the premises of the owners of said dog or dogs.

40-34-2.   Liability of owner for damages by dog disturbing domestic animals -- Property subject to execution -- Violation as misdemeanor.

Any person owning, keeping, or harboring a dog that chases, worries, injures or kills any poultry or domestic animal is guilty of a Class 2 misdemeanor and is liable for damages to the owner thereof for any injury caused by the dog to any such poultry or animal. All property except such as is absolutely exempt, is subject to execution issued upon a judgment for such damages and costs.

40-34-3.   Joint liability of owners for damages by dogs in packs -- Right of contribution among dog owners.

In case dogs owned by different persons participate in the chasing, worrying, injuring, or killing of poultry or domestic animals, the owners of the respective dogs may be sued jointly for damages caused thereby in a joint action against the owners of such dogs, and a joint verdict, decision, and judgment may be rendered against the owners of such dogs. In case of joint liability for same, which joint liability is paid, the owner of the dogs jointly liable may have contribution among themselves in an appropriate action in which the respective damages committed by their respective dogs may be prorated.

40-34-12.   Destruction by owner or tenant of dog harming big game.

A landowner or tenant may destroy any dog that pursues, injures or kills any big game animal on lands owned or controlled by that owner or tenant without incurring any liability.

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