6-1-1: DEFINITIONS:

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them:

 

AT LARGE OR RUNNING AT LARGE:	An animal shall be deemed to be running at large when off or away from the owner’s premises and not under the complete control of the animal’s owner, possessor, keeper, agent, servant, or a member of the owner’s immediate family by a leash, verbal command, or remote pet collar. However, an animal present at a public gathering of ten (10) or more people, not including leash free parks, must be restrained by a leash and not by verbal command or remote pet collar. An animal is not to be deemed running at large if it is within the vehicle of the animal’s owner, possessor, keeper, agent, servant, or a member of the owner’s immediate family, or if the animal is within a posted leash free park as designated by the park and recreation board of the City of Mitchell.
COMPLETE CONTROL:	A state where an animal is restrained by leash, verbal command, or remote pet collar from taking an action which is not desired by the animal’s owner, possessor, keeper, agent, servant, or a member of the owner’s immediate family and such restraint does actually prevent the animal from taking an undesired action. For verbal commands and remote pet collars to be deemed to be restraining the animal, the animal shall behave as if on a leash short enough to prevent trespass onto the private property of another, and in no event longer than fifty feet (50'). Examples of undesired actions include, but are not limited to, straying too far from the animal’s handler, not following handler commands, and making contact with another person without consent. An animal is not under complete control if the animal is the aggressor in an incident where the animal is declared to be a restricted animal or vicious animal.
LEASH:	A cord, thong or chain by which an animal is controlled by the person accompanying it.
OWNER:	Any person harboring or keeping an animal and who is the head of the household of the residence or the owner or manager in charge of the establishment or premises at which an animal remains or returns to is the owner of the animal within the meaning of this chapter.
PET CONTROL OFFICER:	The person designated by the city council to be responsible for the enforcement of this chapter and who shall work with other law enforcement officials in the enforcement of this chapter.
REMOTE PET COLLAR:	A collar worn by an animal that when signaled by remote control delivers an electrical shock to the animal. (1984 Code § 6-1; amd. Ord. 2395, 3-19-2012; Ord. O2022-08, 7-5-2022)

 

6-1-2: RABIES CONTROL:

   A.   Cooperation With County, State And Federal Officials: The city shall cooperate with the state department of health, the state livestock sanitary guard, the U.S. fish and wildlife service, the U.S. public health service, the U.S. department of agriculture, state and local veterinary associations and any other county, state or federal agency concerned with the control of rabies in a combined effort to reduce rabies in wildlife and domestic animals. The city shall institute such additional measures for the control of rabies as may be deemed necessary. (1984 Code § 6-14)

   B.   Vaccination Required:

      1.   An animal shall be considered unvaccinated after the expiration of thirteen (13) months following the date of its latest rabies vaccination; provided, however, that if a licensed veterinarian shall issue a certificate certifying the effective period of a vaccination, the animal shall not be considered unvaccinated until after the expiration of the certified effective period of the vaccination.

      2.   Any owner acquiring a dog, cat or other animal by purchase, gift, birth or otherwise, shall have such animal vaccinated against rabies within one month following acquisition or when the animal reaches the age of six (6) months. (1984 Code § 6-15)

   C.   Impounded Animals: Any impounded animal shall not be released by the pet control officer or his agent to any person until such animal has been vaccinated against rabies; provided, however, no animal so impounded shall be vaccinated if the owner can present a certificate of current vaccination. (1984 Code § 6-16)

   D.   Impounding For Observation:

      1.   When any person owning or harboring a dog, cat or other animal which is not currently vaccinated for rabies, or for which the owner cannot produce a current certificate of vaccination issued by a licensed veterinarian, has been notified that said animal has bitten any person, the animal must be impounded at the city impound facility for the period of ten (10) days, under the observation of a licensed veterinarian, with the expense of such impoundment and observation to be borne by the owner of the animal. (Ord. 1745, 8-2-1993)

      2.   If it is determined by the licensed veterinarian at the end of the ten (10) day impoundment period that the animal is not rabid, and provided the animal is not determined to be a dangerous dog under article A of this chapter, the animal may be returned to its owner, subject to the owner: a) paying impound charges and all other expenses incident to the observation of the animal; b) the animal is properly vaccinated for rabies; and c) any other provisions or requirements of law, including licensing, are fully complied with, otherwise the animal shall be disposed of. (Ord. 1745, 8-2-1993; amd. 2005 Code)

      3.   Upon the advice of a licensed veterinarian or medical doctor, the chief of police may order and require that the animal be immediately destroyed, and that the head or other organs or parts, as required for the diagnosis of rabies, be sent to an appropriate laboratory for an expedited determination of whether or not the animal committing the bite is infected with rabies.

      4.   Any animal impounded or placed for observation, showing active signs of rabies, suspected of having rabies or known to have been exposed to rabies, shall be subject to the control and direction, including disposition as necessary, of the licensed veterinarian conducting the observation and impoundment. (Ord. 1745, 8-2-1993)

   E.   Keeping Rabid Animals: No person shall knowingly harbor or keep any animal infected with rabies or any animal known to have been bitten by an animal known to have been infected with rabies. (1984 Code § 6-18)

   F.   Reports Of Suspected Cases:

      1.   Any person who shall suspect that any animal in the city is infected with rabies shall report said animal to the pet control officer or other proper city official, describing the animal and giving the name and address of the owner if known. (1984 Code § 6-19)

      2.   Veterinarians within the city receiving information or reports of suspected rabies in wild or domestic animals shall report such information to the pet control officer or other proper city official. (1984 Code § 6-20)

      3.   Immediately upon treatment of any person bitten by an animal, physicians within the city shall report such information to the pet control officer or other proper city official. (1984 Code § 6-21)

   G.   Destruction Of Rabid Animals: Any rabid animal may be destroyed by the pet control officer or a veterinarian upon written authorization of the proper city official. (1984 Code § 6-22)

   H.   Muzzling Proclamation; Authority Of City: Whenever the proper city official shall have determined that there is danger of the existence or spread of rabies in the city, he shall make the facts known to the mayor, in writing. The mayor, upon receipt of said facts, may, by proclamation, in the interest of public safety and general welfare of the citizenry, order all animals muzzled when off the premises of the owner. Forty eight (48) hours after the publication of said proclamation, all animals found off the premises of the owner, unmuzzled, shall be seized and impounded or may be immediately destroyed if all reasonable efforts to seize said animals fail. All animals seized and impounded shall be held for observation for ten (10) days and, if cleared by a licensed veterinarian, may be claimed by the owner, and the owner must pay the expenses incidental thereto. Any animal not claimed may be disposed of in a humane manner. (1984 Code § 6-23; amd. 2005 Code)

6-1-3: ANIMALS AT LARGE 1 :

   A.   Running At Large Prohibited: The owner of an animal shall not permit such animal to run at large within the city. Whenever an animal is found running at large, the same shall constitute prima facie evidence that the owner permitted it to run at large.

   B.   No Pet Areas: The city finds that animal defecation within certain areas within the public grounds and parks within the city, which are subject to concentrated use by the public, constitutes a public nuisance. Accordingly, the park and recreation board shall have authority, in their discretion, to designate areas within city park property as no pet areas, and post such areas as no pet areas as shall be required to give reasonable notice to the public. The golf and cemetery board shall have authority, in their discretion, to designate areas of city property within and adjacent to the cemetery and golf course and on the bike and pedestrian paths that run adjacent to the golf course and cemetery, as no pet areas or as areas that will have restrictions placed upon pet conduct, and post such areas as shall be required to give reasonable notice to the public of those restrictions. Any other area of public property within the city designated by the city council as a no pet area shall also be posted as shall be required to give reasonable notice to the public. It shall be unlawful for any person to permit any animal under his ownership or control to be present upon any park or public ground designated as a no pet area, or be engaged in prohibited pet conduct and for which signs providing reasonable notice to the public are posted. Any person who violates this subsection by causing or permitting the presence of an animal in an area so designated and posted as a no pet area or allows his/her pet to violate the pet conduct prohibited shall, upon conviction, be subject to the general penalty in section 1-4-1 of this code. (Ord. 2286, 7-21-2008)

 

Notes

1	1. See subsections 8-3-5C and 8-6-2H4 of this code.

6-1-4: PROHIBITED ACTS AND CONDITIONS:

   A.   Animal Noises 1 : No owner or person in custody of any animal shall allow such animal to make frequent, repetitive, or continuous noise which unreasonably disturbs or interferes with peace, comfort, and repose of a property owner or possessor, except that such noise shall be exempt when originating from lawfully operated animal shelters, kennels, pet shops, and veterinary clinics. (Ord. 2554, 10-17-2016)

   B.   Cruelty To Animals: No person shall wilfully or negligently maltreat, abuse, or neglect, in a cruel or inhumane manner, any animal or fowl. (1984 Code § 6-5)

   C.   Stray, Abandoned Or Unkept Animals: No person shall harbor or keep any stray animals. Animals known to be strays shall be immediately reported to the pet control officer. (1984 Code § 6-6)

   D.   Poisoning Of Animals: Unless recommended by the proper city official, it shall be unlawful for any person to wilfully or maliciously administer or cause to be administered poison of any sort whatsoever to any animal, the property of another, with the intent to injure or destroy such animal or to wilfully or maliciously place any poison or poisoned food where the same is accessible to any such animal. (1984 Code § 6-7)

   E.   Nuisance Animals: No person shall keep or maintain any animal or animals, including fowl, within the city or within its jurisdictional limits on the scale or basis which causes, creates or constitutes a nuisance. Pursuant to South Dakota Codified Laws 9-29-13, the city council may consider any specific case or circumstance in respect to the keeping of an animal or animals within the jurisdictional limits if the city, and pursuant to such state law authority may by resolution declare the existence of a public nuisance and require abatement of the same. (Ord. 1745, 8-2-1993)

   F.   Keeping Of Animals In Unoccupied Structures: No person shall, within the city, keep or maintain any animal in or upon an enclosed and unoccupied structure and upon premises which is not the residence of the owner unless prior consent therefor shall have been obtained, in writing, from the proper city official. The proper city official shall not give his consent therefor unless the owner or person seeking such consent is satisfied that a health and sanitation nuisance will not be created and that the safety and protection of the public is adequately provided for. The proper city official may withdraw his consent upon notice to the owner or person in possession of the premises, if said official deems, at any time, that a health and sanitation nuisance is created or that the safety and protection of the public is not adequately provided for. (1984 Code § 6-9)

   G.   Abandoning Animals: No person shall abandon an animal in the city. (1984 Code § 6-10)

   H.   Fowl: No person shall allow any ducks, geese, chickens or other domestic fowl to run at large, nor shall any person keep enclosed or housed any domestic fowl within the distance of one hundred feet (100') of any occupied dwelling or building, or within any residential area of the city. No person owning or in control or possession of any pigeons within the city shall suffer, allow or permit the same or any of them to roam or fly at large within the city. (Ord. 1745, 8-2-1993)

   I.   Keeping Livestock Within City:

      1.   No person shall keep any horse, cow, goat or sheep or erect or maintain any building or enclosure for use in keeping any of such animals within one hundred feet (100') of any dwelling house or building used for human habitation other than that of the owner of such animals.

      2.   No person shall keep or maintain any building or enclosure where livestock is kept unless the same be, at all times, kept in a clean and sanitary condition.

      3.   No person shall place, keep or maintain any live hogs within the city except such hogs as are kept in the yards or pens of the railway companies for shipping purposes or in pens, houses or yards of the stockyards, packinghouses or butcher shops and kept for the purpose of immediate shipment or slaughter. However, a household may keep one hog per dwelling unit as a household pet so long as such hog has been bred for human companionship, the hog weighs no more than two hundred (200) pounds, and does not otherwise violate any animal control or nuisance ordinances of the city. (1984 Code § 6-12)

   J.   Picketing Of Animals: No person shall, within the city, stake out or tether any domestic animal in such a manner as to permit such animal to go upon any street, alley or sidewalk or to approach within one hundred feet (100') of any dwelling, house or building used for human habitation other than that of the owner or keeper of such animal; except, that a small household pet may be tethered by its owner within one hundred feet (100') of another's dwelling house or building; provided, such small household pet does not create a nuisance. (Ord. 1592, 4-18-1988)

   K.   Animal Feces: No owner, keeper, caretaker or attendant of an animal shall allow the animal to defecate on public or private property other than his own. If such animal does defecate upon public or private property, the owner, keeper, caretaker or attendant must immediately and thoroughly clean the fecal matter from such property. Any person who violates this subsection shall, upon conviction of such violation, be subject to the general penalty in section 1-4-1 of this code. (Ord. 1902, 5-4-1998; amd. Ord. O2022-15, 10-17-2022)

 

Notes

1	1. See subsection 5-5-4B5 of this code.

6-1-5: ENFORCEMENT AND IMPOUNDMENT:

   A.   Enforcement: It shall be the duty of the pet control officer to carry out and enforce all of the provisions of this chapter, and no person shall hinder, delay or obstruct the pet control officer, his assistant or any law enforcement officer when engaged in capturing, securing or impounding any animal. (1984 Code §§ 6-24, 6-25)

   B.   Pet Shelter Established: The city council shall, by resolution, establish and maintain facilities to be used for a pound within the city or may contract with any private sector for the establishment and maintenance of a pound. Such public pound shall be under the charge of the chief of police or his designated representative. (1984 Code § 6-26)

   C.   Authority To Impound: Any police officer or any other person of proper authority is hereby authorized and empowered to impound any animal found within the city in violation of any provision of this chapter. (1984 Code § 6-27)

   D.   Costs For Impoundment: Before any person may redeem any animal from impoundment, he shall first pay the redemption fee as shall be established from time to time by resolution of the city council. (Ord. 1864, 1-6-1997)

   E.   Notice Of Impoundment: The owner of any animal impounded under the provisions of this section, if his identity and location can be obtained by reasonable means, shall be notified, within twenty four (24) hours, that his animal has been impounded. (1984 Code § 6-29)

   F.   Redemption By Person Other Than Owner: If the owner of any animal impounded under the provisions of this section shall fail to redeem such animal within three (3) days, not counting Saturdays, Sundays and holidays, after such impounding, any other person, subject to the discretion of the chief of police or such other person as he shall designate, may redeem or adopt such animal from the pet shelter and be the lawful owner thereof. (Ord. 2109, 12-15-2003)

   It shall be unlawful for any person to fraudulently adopt an otherwise unredeemed animal for the purpose of avoiding the payment of redemption fees otherwise chargeable against the owner of the animal, whether such fraudulent redemption is committed by the owner of the animal or by another person for the purpose of returning the animal to its prior owner.

   G.   Disposition Of Unredeemed Animals: All animals impounded under the provisions of this section and remaining unredeemed after five (5) consecutive days, not counting Sundays and holidays, of the impounding, unless impounded for a longer specified time, may be disposed of by any humane means. (Ord. 1864, 1-6-1997)

   H.   Impoundment By Private Persons: The pet control officer shall not receive any animal into the impoundment facilities from any person unless such person shall leave his full name and place of residence, which shall be registered in a proper book kept by the pet control officer. It shall be unlawful for any person to give any false information or statement concerning the owner, keeper or harborer of any animal brought into the impoundment facilities or impounded therein. (1984 Code § 6-32)

   I.   Records Kept:

      1.   Impoundment Records: The pet control officer shall keep an accurate record of all animals received at the shelter and released, including the date and from whom received and description of the animal and the name and address of the person receiving the animal. He shall also keep an accurate count and description of animals destroyed. (1984 Code § 6-33)

      2.   Record Of Animal Bites: The pet control officer shall keep an accurate record of all animal bites and shall use forms supplied by the proper city official. The forms shall be made out in duplicate and filled out in detail with one copy sent to the proper city official and the other copy kept on file by the pet control officer for his record. (1984 Code § 6-34)

   J.   Injured Animals:

      1.   Unlicensed Animals: In those instances when an animal without identification is injured, and the owner cannot be found, it will be the duty of the pet control officer to determine if that animal, for humane reasons due to the extent of the injury and the suffering, shall be destroyed. The city and/or pet control officer shall not be held liable in any way for this humane act.

      2.   Licensed Animals: In those instances where an injured animal with a license tag issued by the pet control officer is picked up, it shall be delivered to a licensed veterinarian. All expenses of the city and the veterinarian charges and fees must be paid by the pet owner. (1984 Code § 6-35; amd. Ord. O2020-14, 12-7-2020)

6-1-6: VIOLATIONS AND PENALTIES:

A violation of any provision of this chapter is a separate offense and is punishable as provided in the general penalty in section 1-4-1 of this code. (Ord. 1745, 8-2-1993; amd. 2005 Code)

ARTICLE A. RESTRICTED AND VICIOUS ANIMALS

SECTION:

6-1A-1: Definitions

6-1A-2: Determinations Of Restricted Animals And Vicious Animals

6-1A-3: Additional Provisions Relating To Restricted Animals

6-1A-4: Prohibited Acts

6-1A-5: Exceptions

6-1A-6: Enforcement; Penalties

6-1A-7: Miscellaneous Provisions