(A) The owner or custodian of an animal shall not allow the animal to create a nuisance by making loud noises any time of the night or day.
(B) A nuisance shall constitute an ongoing problem over several days and/or at several intervals throughout a 24-hour period, for any length of time. The Police Department shall have the authority to use all reasonable means to abate such nuisance, including, but not limited to, requiring that the owner make bona fide efforts to quiet his or her animal and impoundment of the animal when the owner is absent from the premises. A notice advising the owner of the impoundment shall be left on the premises. No summons nor complaint shall be issued unless there are at least two or more complaining witnesses from separate households, who shall have sighed such complaint. The Police Department or animal control officer that has investigated and documented the complaint of a single complainant and observed the behavior of the animal complained of, with regard to its frequent, habitual, and continued loud noises, may satisfy the requirement for the second complaining witness and may also testify to his or her observations at trial.
(C) An animal or several animals contained upon one property constitute a nuisance when loud noises are made by the animal or animals, either consistently throughout the day or night, or, at intervals over the course of a day or night.
(D) (1) Complaints by citizens about animals violating division (B) above shall be made in writing, signed by the complaining party, and delivered or mailed to the Police Department.
(2) Upon receipt of two or more signed complaints from separate households within any 14-day period, the animal control officer or Police Department shall provide written notice to the residents of the property complained of that the animal must be quieted, or the animal may be impounded by the city and the residents cited for violation of this section.
(3) One of the two required complaining parties may be the animal control officer or police officer.
(E) If the resident is absent from the premises at the time of impounding for violation of division (C) above, a notice advising of the impoundment shall be left on the resident’s premises.
(Ord. 627, passed 9-12-2016)
Statutory reference:
Related provisions, see SDCL § 9-29-13