(A)
Any dog who has bitten a person or who has the propensity to attack or bite human beings is hereby defined to be fierce, dangerous, and vicious. No dog with the above mentioned propensities shall be allowed to run at large upon the premises of any person other than the owner. If such an animal is found to be running at large, it shall be impounded, and shall not be released except upon the approval of the Chief of Police, after the payment of fees set forth to cover the costs of impounding.
(B) No dog may be declared vicious if the injury or damage is sustained to any person or animal who was tormenting, abusing or assaulting the animal or who was trespassing on the property by committing or attempting to commit a crime.
(C) When the animal control officer or police officer declares an animal to be vicious; the officer shall notify the owner of such declaration in writing that such animal must be registered as a vicious animal. Said notice shall be served either in person or by mailing such notice by certified mail.
(D) The owner of an animal that has been declared vicious shall make application to the animal control officer or Police Department to register said vicious animal and shall comply with the following:
(1) The owner of the animal shall notify the animal control officer or Police Department of any changes in the following:
(a) Ownership of the animal;
(b) Name, address and telephone number of a new owner;
(c) Address change of the owner or any change in where the animal is housed; and
(d) Any change in the health status of the animal or death of the animal.
(2) If the animal is outdoors and attended, the animal shall be muzzled, on a leash no longer than six feet and under the control of a person over 18 years of age.
(3) If the animal is outdoors and unattended, the animal must be locked in an escape-proof kennel approved by the animal control officer or Police Department. Minimum standards shall include the following:
(a) Fencing material shall not have openings with a diameter of more than two inches;
(b) Any gates with such pen or structure shall be lockable and of such design to prevent the entry of children or the escape of the animal;
(c) The pen or structure shall have secure sides and top. If the pen or structure has no bottom secured to the sides, the sides shall be embedded in the ground or concrete;
(d) The pen or structure shall protect the animal from the elements; and
(e) The pen or structure maybe required to have a double exterior wall to prevent the insertion of fingers or other objects.
(4) A universal sign denoting a vicious animal shall be displayed on the pen or structure visible from the sidewalk/street and adjacent to the property where the dog is kept.
(5) The owner shall carry $100,000 liability insurance covering the medical and/or veterinary costs resulting from the vicious animal's actions or any other damage the animal may do. Proof of insurance shall be filed with the Burke Police Department annually.
(E) The vicious animal shall be impounded by the Police Department, at the owner's expense until such time as the provisions in division (D) are complied with.
(F) If the conditions in division (D) are not met within a period of 30 days, the animal shall be euthanized. All costs associated with impoundment, compliance with division (D) herein, and euthanasia shall be paid by the owner.
(G) The owner or caretaker of a vicious animal shall immediately notify the animal control officer or Police Department if the animal should become loose or attacks a human or animal.
(H) If the vicious animal is owned by a minor, the parent/guardian of the minor shall be responsible for the compliance of all the regulations imposed and liable for all injuries or damages sustained by any person caused by an attack by the animal.
(I) Any dog with the above mentioned propensities which cannot be impounded safely may be immediately destroyed by any police officer acting in the line of duty.
(Prior Code, § 2-2-11) (Ord. 90.38, passed 12-11-2023) Penalty, see § 90.99
Statutory reference:
Related provisions, see SDCL §§ 9-29-3, 9-29-12, 9-29-13