(A) An animal may be declared to be vicious by the Animal Control Officer, the City Council, or the attending physician of the victim of an animal bite or scratch may request such declaration, under the following guidelines:
(1) An animal which, in a vicious or terrorizing manner, approaches in an apparent attitude of attack, or bites, inflicts injury, assaults, or otherwise attacks, a person or other animal upon the streets, sidewalks, or any public grounds or places;
(2) An animal which, on private property, in a vicious or terrifying manner, approaches in an apparent attitude of attack, or bites, or inflicts injury, or otherwise attacks, a postal worker, meter reader, service person, delivery person, or other employed person, or other animal who is on private property by reason of permission of the owner or occupant of such property or who is on private property by reason of a course of dealing with the owner or occupant of such private property; and
(3) No animal may be declared vicious if the injury or damage is sustained to any person or animal who is committing a willful trespass or other tort upon premises occupied by the owner or keeper of the animal, or who was teasing, tormenting, abusing, or assaulting the animal or was committing or attempting to commit a crime.
(B) When an animal is declared to be vicious, the Animal Control Officer shall notify the owner of such declaration in writing that such animal must be registered as a vicious animal within five business days after the date of such written notice. Said notice may be served in person or by mailing such notice by certified mail, return receipt requested.
(C) The owner of an animal that has been declared vicious shall make application to the Animal Control Officer to register such vicious animal and shall comply with the following:
(1) The owner of the animal shall notify the Animal Control Officer of any changes in the following:
(a) Ownership of the animal;
(b) Name, street address, and telephone number of new owner;
(c) Address change of the owner or any change in where the animal is housed;
(d) Any change in the health status of the animal; or
(e) Death of the animal.
(2) Whenever the animal is indoors, the animal shall be under the control of a person over the age of 18 years old.
(3) Whenever the animal is outdoors and attended, the animal shall be muzzled, on a leash no longer than six feet in length and under the control of a person over the age of 18 years old.
(4) If the animal is outdoors and unattended, the animal must be locked in a fully-enclosed escape-proof kennel approved in advance by the Animal Control Officer. Minimum standards to qualify as a fully-enclosed escape-proof kennel shall include the following:
(a) Fencing materials shall not have openings with a diameter of more than two inches; in the case of a wooden fence the gaps shall not be more than two inches;
(b) Any gates within such pen or structure shall be lockable and of such design to prevent the entry or children or the escape of the animal;
(c) The required pen or structure shall have secure sides and a secure top. If the pen or structure has no bottom secured to the sides, the sides shall be imbedded into the ground or concrete;
(d) The pen or structure may be required to have double exterior walls to prevent the insertion of fingers, hands, or other objects; and
(e) The pen shall protect the animal from the elements.
(5) The animal shall be permanently identified by injecting an identification microchip into the animal using standard veterinarian procedures and practices. The number and the veterinarian who injected the animal shall be provided to the Animal Control Officer.
(6) A universal sign denoting a vicious animal shall be displayed prominently on the kennel or enclosure and on a place visible from the sidewalk or road adjacent to the property where the animal is kept.
(7) The owner shall carry liability insurance with liability limits of not less than $100,000 per occurrence and covering the medical and/or veterinary costs resulting from the vicious actions or any other damage the animal may do or cause to be done. Written proof of such insurance coverage shall be provided to the Animal Control Officer upon request.
(8) The owner shall present proof of current rabies vaccination and current city license of the animal to the Animal Control Officer upon request.
(9) The owner shall cause the animal to be spayed or neutered to prevent reproduction. The owner shall provide proof that the animal has been spayed or neutered to prevent reproduction to the Animal Control Officer upon request.
(D) The vicious animal shall be impounded by the Animal Control Officer at the owner’s expense until such time as all the requirements of divisions (C)(1) through (C)(9), inclusive, are met.
(E) If the requirements in division (C)(1) through (C)(9), inclusive, are not complied with, the animal shall be euthanized in a humane manner and proof of euthanasia shall be filed with the Animal Control Officer.
(F) (1) A vicious animal found off the premises of its owner, other than as provided for in this chapter, shall be seized by the Animal Control Officer or any law enforcement officer and impounded, at the owner’s expense. If the animal cannot be captured, it may be destroyed. If the animal has been running at large, or bites a person, or bites another animal, the Animal Control Officer or any law enforcement officer may order the owner to deliver the animal to an animal shelter within 24 hours and the owner shall be ordered to appear in court to show cause why this animal shall not be destroyed.
(2) If the owner of the animal fails to deliver the animal as ordered, the Animal Control Officer or any law enforcement officer shall use such means as are necessary to impound the animal.
(Prior Code, § 2.0104) Penalty, see § 90.999
Statutory reference:
Vicious dogs, see SDCL § 40-34-13 et seq.