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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONMENT. Giving up with the intent of never again regaining one's interests in, or rights to, an animal other than placing ownership with a responsible party.
ANIMAL. Any mammal, bird, reptile, amphibian, or fish, except humans.
ANIMAL CONTROL OFFICER. An individual, approved by the governing body, with police authority, whose duty it is to apprehend animals withing the jurisdiction of this chapter whose owner are in violation of this chapter. The police department shall also act as animal control officers.
ANIMAL SHELTER. A building and facilities therein approved by the governing board and the health authority for the impounding of animals.
ANTI-ESCAPE. Any housing, fencing or device which a guard dog cannot go over, under, through or around.
AT LARGE.
(1) An animal when off or away from the premises and not under the control of the owner, possessor, keeper, agent, servant, or a member of its immediate family by a leash.
(2) An animal when on the premises of the owner, possessor, keeper, agent, or servant if not attended by a competent person unless that animal is chained, restrained, enclosed, or confined in a manner preventing it from leaving the premises.
CONTRACTED AGENT. The person, organization, governmental agency or corporation with whom the municipality and/or county contracts to perform animal control functions.
DOMESTIC ANIMAL. Any animal that through long association with man, has been bred to a degree which has resulted in genetic changes affecting the temperament, color, conformation, or other attributes of the species to an extent that makes it unique and different from wild individuals of its kind.
EXPOSED TO RABIES. An animal has been EXPOSED TO RABIES if it has been bitten by, or been exposed to, any animal known to be or suspected of being infected with rabies.
GUARD DOG. Any dog that is utilized to protect commercial property, or is housed unattended on commercial property at any time other than normal business hours, except that such definition shall not apply to pet stores, boarding kennels, veterinary offices and animal shelters.
HANDLER. A person who is responsible for or capable of controlling the operations of a guard dog.
HUMANE SOCIETY INVESTIGATOR. An individual, approved by the governing body, with police authority, whose duty it is to apprehend animals within the jurisdiction of this chapter, whose owners are in violation of this chapter.
IMPOUNDMENT. Taking physical control and custody of an animal.
KENNEL. Any lot or premises or portion thereof where four or more dogs, cats, rabbits, or other household/domesticated animals, six months of age or older, are maintained, boarded, bred or cared for, in return for any compensation, or are kept for the purpose of sale.
NEUTERED DOG/CAT. Any male dog/cat which has undergone surgery to prevent reproduction, whose owner can provide proof of surgery.
OWNER. Any person harboring or keeping an animal and who is the head of the household of the residence of the owner or manager in charge of the establishment or premises at which an animal remains or returns to. An animal shall be deemed harbored if it is fed or sheltered for 20 consecutive days.
(SDCL § 40-12-4)
PET. Any dog, cat, or other species of carnivore kept for domestication or display.
(SDCL § 40-12-4)
RESTRAINT. A leash or chain, not longer than six feet in length, held by a competent person, or enclosing an animal within a vehicle being driven or parked on the streets, or keeping the animal within the property limits of its owner or keeper.
SERVICE ANIMAL. Any dog owned by any state, county or municipal police department or any state of federal law enforcement agency which has been trained to aid law enforcement officers and is actually being used for law enforcement purposes, or any properly trained dog certified by a licensed seeing-eye or hearing-ear dog agency and actually being used by a visually or hearing impaired person.
SHELTER MANAGER. The owner and/or supervisor of the animal shelter, either as an employee of the municipality or a contractor with the municipality. The individual is charged, together with the police department, with the overall enforcement of this chapter, and performs the professional services required in the care, treatment or euthanization of the animals being handled.
SPAYED DOG/CAT. Any female dog/cat which has undergone surgery to prevent conception, whose owners can provide suitable proof of such surgery.
WILD ANIMAL. Any animal(s) other than domestic dogs and cats, which in a wild state are carnivorous or which because of their nature or physical make up are capable of inflicting serious physical harm or death to human beings, including but not limited to: animal(s) which belong to the cat family, snakes which are poisonous or otherwise present a risk of serious physical harm of death to human beings as a result of their nature or physical makeup, and all raccoons, skunks, foxes, bears, coyotes, wolverines, badgers, lions and tigers.
VICIOUS ANIMALS
For the purpose of this chapter, a
VICIOUS DOG is:
(A) Any dog, which, when unprovoked, in a vicious or terrorizing manner approaches in apparent attitude of attack, or bites, inflicts injury, assaults or otherwise attacks a human being upon the streets, sidewalks or any public grounds or places; or
(B) Any dog which, on private property, when unprovoked, in a vicious or terrifying manner approaches in apparent attitude of attack, or bite, or inflicts injury, or other wise attacks a mailman, meter reader, serviceman, journeyman, delivery man or other employed person 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 a course of dealing with the owner of such private property.
(SDCL § 40-34-14)
(C) Every vicious dog and every dog which has the habit of barking or howling in the night, or one that habitually chases and barks at vehicles disturbing and annoying any person or neighborhood, or one that shall injure or destroy any lawn, garden, shrubbery, flowers or vines, is hereby declared to be a public nuisance, and no person shall keep or harbor any such dog.
No dog may be declared vicious if an injury or damage is sustained by any person who was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or who was teasing, tormenting, abusing or assaulting the dog or was committing or attempting to commit a crime.
(SDCL § 40-34-15)
(A) When the animal control officer determines that an animal is vicious, he or she shall notify the owner of such declaration in writing that such animal must be registered as a vicious animal withing five business days after the receipt of such written notice. The notice shall be served either in person or by mailing such notice by certified mail.
(B) The owner of an animal that has been declared vicious shall make application to the animal control office to register such vicious animal and shall comply with the following:
(1) The owner of the animal shall notify the animal control officer of the following:
(a) Ownership of the animal;
(b) Name, address, and telephone number of new owner;
(c) Address change of the owner or of any change in where the animal is housed;
(d) A change in the health status of the animal;
(e) Death of the animal.
(2) If the animal is indoors, the animal shall be under the control of a person over 18 years old.
(3) 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.
(4) If the animal is outdoors and unattended, the animal must be locked in an escape-proof kennel approved by the animal control officer.
(5) The minimum standard for fencing, pens, or similar structures are the following:
(a) Fencing materials shall not have opening 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 in 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 required pen or structure shall have secure sides and a secure top. If the pen or structure has no bottom secured to the side, the sides shall be imbedded into the ground or concrete.
(d) The pen or structure must protect the animal from the elements.
(e) The pen or structure may be required to have double exterior walls to prevent the insertion of fingers, hands or other objects.
(6) The animal shall be permanently identified by injecting an identification microchip into the animal using standard veterinary procedures and practices. The number and the veterinarian who injected the microchip is to be reported to the animal control officer.
(7) A universal sign denoting a vicious animal shall be displayed on the kennel or enclosure and on a place visible from the sidewalk or road adjacent to the property where the animal is kept.
(8) The owner shall carry $100,000 liability insurance 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. Proof of such insurance shall be filed with the animal control officer.
(9) The owner shall present proof of current rabies vaccination and current municipal license of the animal to the animal control officer.
(10) The owner shall present proof to the animal control officer that the animal has been altered to prevent reproduction.
(C) The vicious animal shall be impounded by the animal control officer at the owner's expense until such time as all provisions of division (B) have been complied with.
(D) If the provisions of division (B) have not been met, the animal shall be seized and euthanized in a humane manner.
(E) (1) Any vicious animal found off the premises of its owner, other than provided for in this chapter, shall be seized by the animal control officer or any police officer and impounded. If the animal cannot be captured, it shall be destroyed.
(2) If the animal has been running at large, or bites a person, or bites another animal, that animal control officer or any police officer may order the owner to deliver the animal to the shelter within 24 hours and the owner ordered to appear in court to show cause why the animal shall not be destroyed. If the owner of the animal fails to deliver the animal as ordered, the animal control officer or any police officer shall use such means as necessary to impound the animal.
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