South Dakota Codified Laws 20-13-23.2. Disability–Service Animal–Liability–Violation as misdemeanor
Any person who is totally or partially physically disabled, totally or partially blind, totally or partially deaf, or has a psychiatric disability or mental disability may be accompanied by a service animal, especially trained for the purpose, in any of the places listed in § 20-13-23.1 without being required to pay an extra charge for the service animal.
A service animal trainer may be accompanied by a service animal in training wearing a collar and leash, harness, or cape that identifies the animal as a service animal in training, in any of the places listed in § 20-13-23.1 subject to any conditions and limitations established by law and applicable to service animals, without being required to pay an extra charge for the service animal in training.
Attorney's Note
Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 2 misdemeanor | up to 30 days | up to $500 |
Terms Used In South Dakota Codified Laws 20-13-23.2
- Person: includes one or more individuals, partnerships, associations, limited liability companies, corporations, unincorporated organizations, mutual companies, joint stock companies, trusts, agents, legal representatives, trustees, trustees in bankruptcy, receivers, labor organizations, public bodies, public corporations, and the State of South Dakota, and all political subdivisions and agencies thereof. See South Dakota Codified Laws 20-13-1
However, the person with a disability or a service animal trainer is liable for any damage done to the premises or facilities by the service animal or service animal in training. Failure of any owner or employee of a place listed in § 20-13-23.1 to comply with the provisions of this section is a Class 2 misdemeanor.
Source: SL 1976, ch 153, § 2; SL 1980, ch 172, § 1; SL 1994, ch 160, § 1; SL 1995, ch 118, § 1; SL 2020, ch 71, § 1.