(A) (1) An animal may be declared to be vicious by the animal control officer for the following reasons:
(a) 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 any public ground or place;
(b) An animal which, on private property, in a vicious or terrifying manner, approaches in an apparent attitude of attack, or bites, inflects injury, or otherwise attacks a 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 in the of course of dealing with the owner or occupant of such property;
(c) Any animal of a known propensity or tendency, or otherwise threatens the safety of human beings or animals; and
(d) No animal 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.
(2) When the animal control 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.
(B) The owner of an animal that has been declared vicious shall make application to the animal control officer to register said 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, address, and telephone number of a new owner;
(c) Address change of the owner or any change in where the animal is housed; and/or
(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 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. Minimum standards shall include the following:
(a) Fencing material shall not have openings with a diameter of more than two inches;
(b) Any gates within 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 does not have the 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 may be 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 animal is kept.
(5) The kennel or structure shall be inspected annually by the animal control officer. All expenses incurred for said inspection will be the responsibility of the owner.
(6) 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 animal control officer annually.
(7) The owner of the animal 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 the provisions in division (B) above are complied with.
(D) If the conditions in division (B) above are not met within a period of 30 days, the animal shall be euthanized by the Humane Society. All costs associated with impoundment, compliance with division (C) above herein, and euthanasia shall be paid by the owner.
(6) The owner or caretaker of a vicious animal shall immediately notify the animal control officer if the animal should become loose or attacks a human or animal.
(7) 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 damage sustained by any person caused by an attack by the animal.
(8) Any vicious animal found off the premises of the owner, other than provided by this section, shall be seized by the animal control officer and impounded. If the animal cannot be captured, the animal control office may have the animal destroyed. If the animal was seen off the property or if it bites a person or animal, the animal will be delivered to the Humane Society within 24 hours and the owner to appear in court to show cause why this animal should not be destroyed. The animal control officer shall use such means as necessary to impound the animal. The owner shall bear all cost of impoundment and board.
(Ord. 627, passed 9-12-2016) Penalty, see § 90.99
Statutory reference:
Related provisions, see SDCL §§ 9-29-3, 9-29-12, 9-29-13