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(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.
No dog may be declared vicious if an injury or damage is sustained by 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.
(SDCL § 40-34-15)
(A) When the animal control officer determines that an animal is vicious, he or she shall notify the owner of such declaration in writing that such animal must be registered as a vicious animal withing five business days after the receipt of such written notice. The notice shall be served either in person or by mailing such notice by certified mail.
(B) The owner of an animal that has been declared vicious shall make application to the animal control office to register such vicious animal and shall comply with the following:
(1) The owner of the animal shall notify the animal control officer of the following:
(a) Ownership of the animal;
(b) Name, address, and telephone number of new owner;
(c) Address change of the owner or of any change in where the animal is housed;
(d) A change in the health status of the animal;
(e) Death of the animal.
(2) If the animal is indoors, the animal shall be under the control of a person over 18 years old.
(3) If the animal is outdoors and attended, the animal shall be muzzled, on a leash no longer than six feet and under the control of a person over 18 years of age.
(4) If the animal is outdoors and unattended, the animal must be locked in an escape-proof kennel approved by the animal control officer.
(5) The minimum standard for fencing, pens, or similar structures are the following:
(a) Fencing materials shall not have opening with a diameter of more than two inches; in the case of a wooden fence, the gaps shall not be more than two inches.
(b) Any gates within in such pen or structure shall be lockable and of such design to prevent the entry of children or the escape of the animal.
(c) The required pen or structure shall have secure sides and a secure top. If the pen or structure has no bottom secured to the side, the sides shall be imbedded into the ground or concrete.
(d) The pen or structure must protect the animal from the elements.
(e) The pen or structure may be required to have double exterior walls to prevent the insertion of fingers, hands or other objects.
(6) The animal shall be permanently identified by injecting an identification microchip into the animal using standard veterinary procedures and practices. The number and the veterinarian who injected the microchip is to be reported to the animal control officer.
(7) A universal sign denoting a vicious animal shall be displayed on the kennel or enclosure and on a place visible from the sidewalk or road adjacent to the property where the animal is kept.
(8) The owner shall carry $100,000 liability insurance covering the medical and/or veterinary costs resulting from the vicious actions or any other damage the animal may do or cause to be done. Proof of such insurance shall be filed with the animal control officer.
(9) The owner shall present proof of current rabies vaccination and current municipal license of the animal to the animal control officer.
(10) The owner shall present proof to the animal control officer that the animal has been altered to prevent reproduction.
(C) The vicious animal shall be impounded by the animal control officer at the owner's expense until such time as all provisions of division (B) have been complied with.
(D) If the provisions of division (B) have not been met, the animal shall be seized and euthanized in a humane manner.
(E) (1) Any vicious animal found off the premises of its owner, other than provided for in this chapter, shall be seized by the animal control officer or any police officer and impounded. If the animal cannot be captured, it shall be destroyed.
(2) If the animal has been running at large, or bites a person, or bites another animal, that animal control officer or any police officer may order the owner to deliver the animal to the shelter within 24 hours and the owner ordered to appear in court to show cause why the animal shall not be destroyed. If the owner of the animal fails to deliver the animal as ordered, the animal control officer or any police officer shall use such means as necessary to impound the animal.
RABIES CONTROL
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