(A) Animals to be kept under restraint. No person being the owner of any animal shall fail to keep such animal securely confined upon his or her own property or premises, except when under the control of a competent person 14 years of age or older.
(B) Nuisances. Any animal within the city which habitually barks, yowls, chases or annoys animals, vehicles or persons, or which damages or destroys property or habitually runs at large, is hereby declared a nuisance, and the Animal Control Officer or any police officer may proceed to abate such nuisance as set forth in division (C)(2) below.
(C) Confinement of biting dogs or cats.
(1) Any animal which has ever bitten or scratched any person or animal so as to break the skin, to the knowledge of the person owning, keeping, having charge of, sheltering, feeding, harboring or taking care of such animal, must be kept in a secure kennel with either concrete floor or chain link fence buried at least 20 inches underground with a covered roof, or be accompanied by a person at least 14 years of age who, by means of a leash, has such animal firmly under control at all times.
(2) The owner or keeper of any animal which has been declared a nuisance or having bitten, attacked, assaulted or assisted in causing a serious bodily injury to a person, shall pay a fine in an amount as set by the City Council from time to time and a law enforcement officer or animal control officer is empowered to impound the animal at their discretion. However, If the animal cannot be captured without undue risk to the safety of the public, law enforcement, or an animal control officer, it may be immediately euthanized in a manner whereby the head is not damaged.
(a) SERIOUS BODILY INJURY is defined as bodily injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ or mental faculty.
(b) An animal that causes a serious bodily injury to a person may be humanely euthanized by a licensed veterinarian after the expiration of a five-day waiting period, exclusive of Sundays and holidays, unless:
1. The animal was being used to protect persons or property and the attack occurred in a properly marked enclosure that is designed to prevent the animal’s escape, and the injured person was trespassing within said enclosure;
2. The animal was not being used to protect persons or property; however, the attack occurred in an enclosure designed to prevent the animal’s escape;
3. The animal was being used for law enforcement purposes and the attack occurred during an arrest or other law enforcement purpose; and
4. The attack occurred while the animal was defending a person from an assault or in the protection of property from damage or theft.
(c) Prior to humanely euthanizing said animal by a licensed veterinarian, the city shall provide at least three days’ prior verbal notice to the animal’s owner, who shall then have the right to request a hearing in Magistrate Court to show cause why said animal should not be humanely euthanized by a licensed veterinarian as a dangerous animal. The animal’s owner shall make a written request for a hearing, which can be filed at either the Police Department or City Hall. Once a written request has been made, the County Court Clerk should be notified and a hearing be scheduled at the next Magistrate Court date. If such a request is filed, the city shall take no further action to said animal until after the hearing, except in an emergency to protect public safety. The Judge may either confirm the proposed action by the city or make any other appropriate order regarding said animal. If the Judge confirms the proposed action by the city, the animal will be humanely euthanized by a licensed veterinarian with the full cost of euthanasia to be paid by the owner of the animal.
(D) Confinement of female dog or cat in heat. Every female dog or cat in heat shall be kept confined in a building or secure enclosure, or in a veterinary hospital, or boarding kennel, in such manner that such female dog or cat cannot come into contact with another like animal, except for breeding purposes as intended by the owner.
(E) Animals at large, dangerous or vicious animals, humane euthanasia.
(1) In accordance with SDCL § 40-34-14, this chapter defines a
VICIOUS DOG as:
(a) Any dog which, when unprovoked, in a vicious or terrorizing manner approaches a person in apparent attitude of attack, or the dog bites, inflicts injury, assaults or otherwise attacks a person upon the streets, sidewalks or any public grounds or places within the city limits; and/or
(b) Any dog which, on private property, when unprovoked, in a vicious or terrifying manner approaches a person in an apparent attitude of attack, or the dog bites, inflicts injury, assaults or otherwise attacks a mailman, meter reader, serviceman, journeyman, delivery man or other employed person who is on private property with expressed or implied permission of the owner or occupant of such property or a person who is on private property with permission from the owner to be on said property or by a clear recognizable pattern of dealings between the parties and the private property.
(2) In accordance to SDCL § 40-34-15, no dog may be declared vicious if an injury or damage is sustained to 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.
(3) It shall be unlawful for any person or persons to permit any animal to run at large within the limits of the city, whether the animal is licensed or unlicensed.
(4) If any animal attacks or attempts to attack any person or any other animal while such animal is at large or under the control of another person, then such animal shall be conclusively presumed to be a dangerous animal or an animal of dangerous propensities and tendencies. Attack or attempting to attack shall include biting or attempting to bite.
(5) Any dangerous or vicious animal, or an animal having dangerous or vicious propensities and tendencies, found at large after the owner thereof has previous knowledge or notice that such animal is dangerous or vicious, or has dangerous or vicious propensities and tendencies, may be humanely euthanized by a licensed veterinarian as set forth in division (C)(2) above.
(Prior Code, § 4-A-07) (Ord. 973, passed 7- -2001; Ord. 1126, passed 2–12-2013; Ord. 1183, passed 11-20-2017) Penalty, see § 90.99