Section
General
90.001 Authority
90.002 Definitions
90.003 Animal control officer
90.004 Leash on dogs
90.005 Dog kennels
Vicious Animals
90.020 Ownership of vicious dog
90.021 Vicious dog defined
90.022 Injury to person trespassing; teasing dog; attempting to commit crime
90.023 Determination that animal is a vicious dog
Rabies Control
90.040 Vaccination required
90.041 Report of rabies
90.042 Impoundment of animal that has bitten or attacked
90.043 Confinement of pet after attack upon person
90.044 Confinement of pet bitten by animal suspected of having rabies
90.045 Destruction of animal required
Licensing
90.060 Licensing of dogs and cats required
90.061 Application for license certificate and tag
Miscellaneous Regulations
90.075 Keeping of animals
90.076 Disturbing the peace
90.077 Stray, abandoned or unkept animals
90.078 Number of pets limited
90.079 Responsibility
90.080 Running at large prohibited
90.081 Neglect, abandonment, mistreatment of animal
90.082 Cruelty to animals
90.083 Unattended animals
Impoundment
90.095 Authority to impound
90.096 Notice to owner
90.097 Redemption of animal by person other than owner
90.098 Disposition of unredeemed animals
90.099 Costs
Administration and Enforcement
90.115 Enforcement; authority
90.116 Interference with enforcement
90.117 Failure to comply with a warning ticket
90.118 Record keeping requirements
90.119 Payment of fees and charges; stopping payment or issuing bad check prohibited
90.999 Penalty
GENERAL
This municipality shall have the power to regulate or prohibit the running at large of dogs, animals, and poultry, to establish pounds, appoint poundmasters, and regulate the impounding of animals, and to impose a tax or license on dogs running at large pursuant to SDCL § 9-29-12.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONMENT. Giving up with the intent of never again regaining one's interests in, or rights to, an animal other than placing ownership with a responsible party.
ANIMAL. Any mammal, bird, reptile, amphibian, or fish, except humans.
ANIMAL CONTROL OFFICER. An individual, approved by the governing body, with police authority, whose duty it is to apprehend animals withing the jurisdiction of this chapter whose owner are in violation of this chapter. The police department shall also act as animal control officers.
ANIMAL SHELTER. A building and facilities therein approved by the governing board and the health authority for the impounding of animals.
ANTI-ESCAPE. Any housing, fencing or device which a guard dog cannot go over, under, through or around.
AT LARGE.
(1) An animal when off or away from the premises and not under the control of the owner, possessor, keeper, agent, servant, or a member of its immediate family by a leash.
(2) An animal when on the premises of the owner, possessor, keeper, agent, or servant if not attended by a competent person unless that animal is chained, restrained, enclosed, or confined in a manner preventing it from leaving the premises.
CONTRACTED AGENT. The person, organization, governmental agency or corporation with whom the municipality and/or county contracts to perform animal control functions.
DOMESTIC ANIMAL. Any animal that through long association with man, has been bred to a degree which has resulted in genetic changes affecting the temperament, color, conformation, or other attributes of the species to an extent that makes it unique and different from wild individuals of its kind.
EXPOSED TO RABIES. An animal has been EXPOSED TO RABIES if it has been bitten by, or been exposed to, any animal known to be or suspected of being infected with rabies.
GUARD DOG. Any dog that is utilized to protect commercial property, or is housed unattended on commercial property at any time other than normal business hours, except that such definition shall not apply to pet stores, boarding kennels, veterinary offices and animal shelters.
HANDLER. A person who is responsible for or capable of controlling the operations of a guard dog.
HUMANE SOCIETY INVESTIGATOR. An individual, approved by the governing body, with police authority, whose duty it is to apprehend animals within the jurisdiction of this chapter, whose owners are in violation of this chapter.
IMPOUNDMENT. Taking physical control and custody of an animal.
KENNEL. Any lot or premises or portion thereof where four or more dogs, cats, rabbits, or other household/domesticated animals, six months of age or older, are maintained, boarded, bred or cared for, in return for any compensation, or are kept for the purpose of sale.
NEUTERED DOG/CAT. Any male dog/cat which has undergone surgery to prevent reproduction, whose owner can provide proof of surgery.
OWNER. Any person harboring or keeping an animal and who is the head of the household of the residence of the owner or manager in charge of the establishment or premises at which an animal remains or returns to. An animal shall be deemed harbored if it is fed or sheltered for 20 consecutive days.
(SDCL § 40-12-4)
PET. Any dog, cat, or other species of carnivore kept for domestication or display.
(SDCL § 40-12-4)
RESTRAINT. A leash or chain, not longer than six feet in length, held by a competent person, or enclosing an animal within a vehicle being driven or parked on the streets, or keeping the animal within the property limits of its owner or keeper.
SERVICE ANIMAL. Any dog owned by any state, county or municipal police department or any state of federal law enforcement agency which has been trained to aid law enforcement officers and is actually being used for law enforcement purposes, or any properly trained dog certified by a licensed seeing-eye or hearing-ear dog agency and actually being used by a visually or hearing impaired person.
SHELTER MANAGER. The owner and/or supervisor of the animal shelter, either as an employee of the municipality or a contractor with the municipality. The individual is charged, together with the police department, with the overall enforcement of this chapter, and performs the professional services required in the care, treatment or euthanization of the animals being handled.
SPAYED DOG/CAT. Any female dog/cat which has undergone surgery to prevent conception, whose owners can provide suitable proof of such surgery.
WILD ANIMAL. Any animal(s) other than domestic dogs and cats, which in a wild state are carnivorous or which because of their nature or physical make up are capable of inflicting serious physical harm or death to human beings, including but not limited to: animal(s) which belong to the cat family, snakes which are poisonous or otherwise present a risk of serious physical harm of death to human beings as a result of their nature or physical makeup, and all raccoons, skunks, foxes, bears, coyotes, wolverines, badgers, lions and tigers.
(A) No owner or any person harboring or keeping an animal shall permit such animal to run off his or her premises and not under his or her control by a leash.
(B) Any animal which is found off of the premises of the owner, keeper or possessor shall be seized by a law enforcement officer and impounded. The owner, keeper or possessor of the animal, if he or she can be found within the limits of the city, shall be given notice, either verbally or written, that the animal shall be claimed within 48 hours from the time the notice is received. If the owner, keeper or possessor cannot conveniently be found, notice need not be given. If the owner, keeper or possessor of the animal claims the same within said 48-hour period, said owner keeper or possessor shall reimburse the city for any costs incurred in the keeping of the animal.
(C) If any animal is not so claimed by its owner within said time, the animal shall be forthwith destroyed and the costs of the keeping of the animal assessed to the owner, be immune from any liability claims which may result from the disposal of any animal under this section.
(D) No person shall willfully or negligently maltreat or abuse or neglect in a cruel or inhumane manner, any animal or fowl.
(E) No person shall harbor or keep any stray animals. Animals known to be strayed shall be reported to the law enforcement department immediately, and any stray animals may be destroyed by the city forthwith without notice to any person.
(F) It shall be unlawful for any person to keep or have within the city limits a dog that habitually or repeatedly chases, snaps at, attacks or barks at pedestrians, bicyclists or vehicles, or turns over garbage containers or damages gardens, flowers, vegetables or conducts itself in such a manner as to be a public nuisance.
(G) When proved that a dog has destroyed, damaged or abused property of another person, the owner, keeper or possessor of such dog shall be strictly liable for any damages which occur.
(H) The keeping of animals or fowls on any lot in the city shall not be on a commercial basis or on a scale reasonably objectionable to the adjacent property owners.
(I) ANIMAL shall be defined as follows: any dog, cat, horse, cow, goat, sheep, rabbits, fowl, chickens, guinea fowl, ducks, geese, turkey or other domestic fowl except pigeons, falcons or hawks, in the possession of a state and federal handler within the city.
(Ord. 175, passed - -; Ord. 175, passed 10-2-1989) Penalty, see § 90.999
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