Lincoln County, SD Animal Ordinances: Breed Restrictions (2026)
Key Facts
- Governing section
- County Code § 91.02
- Standard
- behavior-based known propensity to attack/bite, not breed
- Off-premises rule
- muzzled and leashed by family member 16+
- If uncaptured
- animal may be destroyed
- Bite/at-large order
- owner has 24 hours to surrender animal
- Penalty
- Class 2 misdemeanor (§ 91.99)
Summary
Lincoln County, South Dakota does not restrict dogs by breed; instead County Code § 91.02 lets the Sheriff declare any animal vicious based on a known propensity to attack or bite. A vicious animal may leave its owner's premises only muzzled and leashed by an adult family member, and one found loose otherwise is seized and impounded, with a Class 2 misdemeanor penalty under § 91.99.
§ 91.02 VICIOUS ANIMALS. ... (A) An animal is declared to be vicious within the meaning of this chapter when a propensity to attack or bite human beings or other animals shall exist and is known or ought reasonable to be known to the owner. No vicious animal shall be allowed off the premises of its owner unless muzzled and on a leash in charge of the owner or a member of the owner's immediate family over 16 years of age. Any vicious animal which is found off the premises of its owner other than provided herein shall be seized by the Sheriff or other law enforcement officer and impounded. (B) If the animal cannot be captured, it may be destroyed. (C) If the animal has been seen running at large or bites a person and it can be witnessed, the Sheriff or other law enforcement officer may order the owner to deliver the animal to an animal control shelter within 24 hours and the owner ordered to appear in court to show cause why this animal should not be destroyed. ... § 91.99 PENALTY. Violations of this chapter shall be deemed Class 2 misdemeanors.
Full Breakdown
Lincoln County has no breed-specific ordinance; § 91.02, VICIOUS ANIMALS, instead uses a behavior-based declaration. Under division (A), an animal is declared vicious when it has a propensity to attack or bite humans or other animals and that propensity is known, or reasonably should be known, to the owner, regardless of breed. Once declared vicious, the animal cannot leave its owner's premises unless muzzled and on a leash, and only in the charge of the owner or an immediate family member at least 16 years old.
Division (B) allows destruction of the animal if the Sheriff or another law enforcement officer cannot capture it after it is found off premises in violation of those conditions. Division (C) covers an animal that has been seen running at large or that bites someone and can be witnessed: the Sheriff or another officer can order the owner to deliver it to an animal control shelter within 24 hours and require the owner to appear in court to show cause why the animal should not be destroyed.
As with the rest of Chapter 91, § 91.08 puts the Sheriff in charge of enforcement, and § 91.99 sets the penalty for any violation, vicious-animal or otherwise, at a Class 2 misdemeanor. The rule traces to Ordinance 9511-09, adopted November 14, 1995.
Violations & Fines
Letting a declared vicious animal off its owner's premises unmuzzled or unleashed, or letting a family member under 16 handle it, violates § 91.02, and an animal found loose in violation can be seized and, if it cannot be captured, destroyed. An owner who fails to deliver a witnessed biting or at-large animal within the Sheriff's 24-hour order under division (C) must show cause in court why it should not be destroyed; every violation is a Class 2 misdemeanor under § 91.99.
Frequently Asked Questions
Does Lincoln County ban specific dog breeds?
What must I do if my dog is declared vicious?
Can Lincoln County destroy my animal after a bite?
Sources & Official References
Other rules in Lincoln County
How Lincoln County compares: Cities with No Dog Breed Restrictions·Compare Lincoln County to another location·View the South Dakota animal ordinances overview
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