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