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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
(A) It shall be unlawful for any person to keep or harbor on any lot or premises four or more dogs of at least three months of age without a kennel license. Prior to issuance of such a license the applicant shall provide information and plans describing the kennel, its location, cleaning practices and other pertinent information. Such kennel shall be kept in a clean and sanitary condition, and not permitted to become stagnant, nauseous or a nuisance. It shall be unlawful for any person to keep a dog or dogs in a dog kennel nearer the house of a neighbor within 50 feet.
(B) The application for license shall be made at the City Finance Office with a fee payable of $10 for each dog exceeding three in number with a maximum fee of $100.
(Ord. 187, passed 7-8-1991) Penalty, see § 90.999
VICIOUS ANIMALS
For the purpose of this chapter, a VICIOUS DOG is:
(A) Any dog, which, when unprovoked, in a vicious or terrorizing manner approaches in apparent attitude of attack, or bites, inflicts injury, assaults or otherwise attacks a human being upon the streets, sidewalks or any public grounds or places; or
(B) Any dog which, on private property, when unprovoked, in a vicious or terrifying manner approaches in apparent attitude of attack, or bite, or inflicts injury, or other wise attacks a mailman, meter reader, serviceman, journeyman, delivery man or other employed person who is on private property by reason of permission of the owner or occupant of such property or who is on private property by reason a course of dealing with the owner of such private property.
(SDCL § 40-34-14)
(C) Every vicious dog and every dog which has the habit of barking or howling in the night, or one that habitually chases and barks at vehicles disturbing and annoying any person or neighborhood, or one that shall injure or destroy any lawn, garden, shrubbery, flowers or vines, is hereby declared to be a public nuisance, and no person shall keep or harbor any such dog.
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