§ 90.041 REPORT OF RABIES.

   Any person who knows of an animal infected with rabies shall report the same to the animal control officer with a description of the animal and the name and address of the owner, if known.

§ 90.042 IMPOUNDMENT OF ANIMAL THAT HAS BITTEN OR ATTACKED.

   (A)   When an owner of an animal has been notified that animal has bitten or attacked any person, within 24 hours, that owner shall place the animal under the care and control of the animal control officer for a period of not less than ten days.

   (B)   At the end of the ten-day period, the animal control officer shall examine that confined animal and if cleared, the animal may be reclaimed by the owner. The owner is to pay all expenses incident to the confinement and examination.

   (C)   If, during confinement, the animal shows signs of rabies or it is known that animal has been exposed to rabies, then that animal may be confined in excess of the ten-day period and for as long a period as is necessary to determine a diagnosis.

   (D)   Any animal that has bitten or attacked and cannot be captured, may be destroyed in such a way as not to destroy the head so that it may be submitted to a laboratory for a rabies examination.

   (E)   (1)   Within 24 hours of the bite, if an owner of the animal that has bitten or attacked can provide proof of a current rabies vaccination given within 30 days prior to the date of the bite or attack, then he or she may prevent the euthanization of the animal by order of the health authority or a veterinarian from the board of health.

      (2)   Any animal that has bitten any person may be euthanized by order or the health authority, if in its opinion and based on sound medical judgements, a greater risk is present if the animal is not euthanized. The health authority shall take into consideration the following factors:

         (a)   History of the animal, including its exposure to rabies;

         (b)   Vaccination record of the animal;

         (c)   Health of animal;

         (d)   Nature, seriousness and location of bite;

         (e)   Circumstances surrounding the bite, including whether or not the bitten animal provoked it;

         (f)   Tolerance of person bitten to vaccination treatments.

§ 90.043 CONFINEMENT OF PET AFTER ATTACK UPON PERSON.

   The department may serve written notice upon the owner of any dog or cat which has attacked or bitten a person to confine the animal at the owner's expense upon his premises or at a municipal pound or other place designated in the notice for a period of at least ten days after the animal has attacked or bitten any person. The department may examine the animal at any time within the ten-day period of confinement to determine whether such animal shows symptoms of rabies. In the case of any pet other than a dog or cat, which has attacked or bitten a person, the department may serve written notice upon the owner of such animal that the owner shall have the animal euthanized immediately and submit the brain to an approved laboratory for rabies examination.

(SDCL § 40-12-5)

§ 90.044 CONFINEMENT OF PET BITTEN BY ANIMAL SUSPECTED OF HAVING RABIES.

   The department may serve written notice upon the owner of a dog or cat known to have been bitten by an animal known or suspected of being affected by rabies, requiring the owner to confine such dog or cat for a period of not less than six months. However, if such dog or cat had been properly treated with an antirabic vaccine, confinement shall be for a period of not less than three months. In the case of any pet other than a dog or cat, the department may serve written notice upon the owner of such animal that the owner shall have the animal euthanized immediately.

(SDCL § 40-12-6)

§ 90.045 DESTRUCTION OF ANIMAL REQUIRED.

   If the animal control officer determines that rabies exists in any animal, the board may kill such animal and any animal there is reason to believe an animal or person has been bitten by any animal affected with rabies.

LICENSING

§ 90.060 LICENSING OF DOGS AND CATS REQUIRED.

   Each owner of a dog or cat that is the age of six months or over, within 30 days of the acquisition of the animal or within 30 days of the animal turning that age, shall have that animal licensed. Proof of rabies immunization and the proper fee shall be required at the time application for such licenses is made.

§ 90.061 APPLICATION FOR LICENSE CERTIFICATE AND TAG.

   (A)   Every owner of a dog or cat residing within the municipality shall submit an application for a license for each animal owned that is six months of age or older. A renewal application shall be submitted within one year of the issuance of the initial application and annually thereafter.

   (B)   Upon proper receipt of the application, a certificate and tag shall be issued to the owner of the animal. The certificate shall be in possession of the owner and the license shall be affixed to the licenses animal at all times. If there is a change of ownership, loss or death of the animal, the owner shall notify animal control of the event within ten days.