Section
General Provisions
90.001 Definitions
90.002 Running at large prohibited
90.003 Restricted animals
90.003.1 Vicious animals
90.003.2 Dunbar aggression assessment scale
90.003.3 Immediate notice of bite
90.003.4 Duty to give information, render aid
90.004 Disturbing the peace
90.005 Cruelty to animals; right of entry
90.006 Stray or abandoned animals
90.007 Poisoning
90.008 Keeping of animals
90.009 Responsibility
90.010 Abandoning of animal
90.011 Enforcement
90.012 Failure to comply with warning ticket
90.013 Trapping of animals
90.014 Hunting prohibited
90.015 Number of pets limited
90.016 Deer feeding prohibited
90.017 Exemption for police dogs
90.018 Community cat initiative
90.019 Sioux Falls Area Humane Society approval
Rabies Control
90.030 Cooperation of joint agencies
90.031 Vaccination required
90.032 Impounded animals
90.033 Impounding for observation
90.034 Keeping rabid animals
90.035 Report of suspected case; generally
90.036 Report of suspected case; veterinarians
90.037 Report of suspected case; physicians
90.038 Destruction of rabid animals
90.039 Muzzling proclamation
Impounding
90.050 Enforcement
90.051 Interference with performance of duties
90.052 Animal shelter
90.053 Authority
90.054 Costs
90.055 Notice to owner
90.056 Redemption by person other than owner
90.057 Disposition of unredeemed animals
90.058 Impounding by private persons
90.059 Records generally
90.060 Record of bites
90.061 Injured animals
90.062 Each violation a separate offense
Licensing
90.075 Licensing of dogs and cats required
90.076 Application for license certificate and tag
90.077 License fee schedule
90.078 Licensing of animals and fowl
Guard Dogs
90.090 Permits; required
90.091 Permits; application; transfers; inspections; fee; tags; term
90.092 Housing, facilities and handling
90.093 Exclusions
Hobby Beekeeping
90.100 Permit required
90.101 Standards of practice
90.102 Location of hives
90.103 Colony densities
90.104 Nuisance prohibited
90.105 Compliance with all applicable laws
90.106 Penalties
90.107 Spraying
Cross-reference:
Application of traffic regulations to persons riding animals, see § 71.004
Diseases of animals, see § 92.123
Duty of driver of vehicle upon striking animal, see § 72.036
Examples of nuisances, see § 92.071
Health and sanitation, see ch. 92
Licenses, see ch. 110
Noise control, see ch. 93
Pest control, see ch. 120
Rendering of animal matter, see § 92.008
GENERAL PROVISIONS
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
ANIMAL CONTROL OFFICER.
A person designated by the chief of police to work with law enforcement officials in the enforcement of this chapter.
ANIMAL SHELTER.
A building and facilities therein approved by the chief of police and the health authority for the impounding of animals.
ANTI-ESCAPE.
Any housing, fencing, or device that a guard dog cannot go over, under, through, or around.
APIARY. Any place where one or more colonies of honeybees are kept.
APPARENT ATTITUDE OF ATTACK.
Threatening and overtly aggressive actions of an animal that places a reasonable person in imminent fear of bodily injury, including, but not limited to, snarling, growling, elevated or exaggerated noise, combined with an attack-ready body position when the animal is approached.
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 his or her 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 the animal is chained, restrained, enclosed, or confined in a manner preventing it from leaving the premises.
BEEKEEPER. A person who owns or has charge of one or more colonies of honeybees.
CHIEF OF POLICE. The chief officer of the city police department or his or her designee.
COLONY. The honeybees in any hive, including queens, workers, and drones.
COMMERCIAL PROPERTY.
(1) A portion of land or building zoned for or utilized for commercial or business uses, within the city, including temporary sites.
(2) Any vehicle utilized for commercial or business purposes within the city.
COMMUNITY CAT. A cat that is feral.
COMMUNITY CAT CAREGIVER. A person who, in accordance with this section, is approved by the Sioux Falls Area Humane Society, and provides care to a community cat, including, food, shelter and/or medical care, while not being considered the owner, harborer, controller, or keeper of the community cat.
CONTRIBUTING PACK BEHAVIOR. Actions of an animal, including but not limited to biting, that aid, aggravate, or incite other animals to bite, and the behavior, when considered on its own, would place a reasonable person in fear of serious injury or death.
DOMESTIC ANIMAL.
Any animal that through long association with man has been bred to a degree that 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.
EARTIPPING. The removal of the one-quarter-inch tip of a community cat’s ear, performed while the cat is under anesthesia, to identify the community cat as being sterilized and vaccinated for rabies.
EXOTIC ANIMAL.
Any animal not occurring naturally in the United States either currently or historically. Alleged domestication of any exotic animal shall not affect its status under this definition.
FERAL ANIMAL. Any domestic animal that has gone wild.
FLYWAY BARRIER. A solid fence, wall, dense vegetation, or combination thereof that is at least six feet in height that requires the bees to fly over, rather than through the barrier.
FOWL.
Chickens, ducks, geese, turkeys, pheasants, quail, partridge, guineas, or other like domestic birds.
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 the definition shall not apply to pet stores, boarding kennels, veterinary offices, and animal shelters.
HANDLER.
A person who is responsible for and capable of controlling the operations of a guard dog.
HEALTH AUTHORITY.
The health officer of the city or his or her authorized representative.
HIVE. Any frame hive, box hive, box, barrel, log gum, skep, or any other container that may be used as a domicile for honeybees.
HOBBY BEEKEEPER. A person who engages in hobby beekeeping.
HONEYBEES. Any insect stage of the common honeybee, Apis mellifera L. This definition excludes African subspecies and Africanized hybrids.
HOUSING.
Any location where the guard dog is kept when not being utilized for protection purposes.
LEASH.
A cord, thong, or chain, not to exceed six feet in length, by which an animal is controlled by the person accompanying it.
LIVESTOCK.
Any species of animal other than fowl commonly used for food, fiber, or draft purposes.
NONDOMESTIC ANIMAL.
Any animal that is not domestic.
OWNER.
Any person harboring or keeping an animal and who is the head of the household of the residence or any adult residing thereat if any head of household is not present, or the person, owner, or manager in charge of the establishment or premises at which an animal remains or returns to.
PET.
Any domestic animal kept in or near a household for the primary purpose of companionship for member(s) of the household and/or companionship for other such animals. This includes dogs, cats, guinea pigs, hamsters, rats, mice, ferrets, birds other than fowl, reptiles, amphibians, invertebrates, and species that a reasonable person would consider a pet. Fowl, rabbits, and livestock are not pets. The keeping of fowl, rabbits, or livestock including, but not limited to, swine, cattle, cows, sheep, horses, mules, or goats shall not be governed by this section of the code but shall be governed by other applicable sections of this code.
SERIOUS INJURY. Physical injury, which creates a substantial risk of death, causes serious and prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily organ.
SLAUGHTER.
The act of killing fowl, rabbits, livestock, or any other animal for the purpose of food.
STRAY OR ABANDONED ANIMAL. A domestic animal which, for the time being, has no identified owner. A feral animal is not a stray animal.
TRAP-NEUTER-RETURN. The process of humanely trapping, sterilizing, vaccinating for rabies, eartipping, microchipping a community cat, and returning them to their original location.
UNNATURAL FOOD SOURCE.
Any amount of grain, fruit, vegetables, nuts, hay, salt, mineral, food blocks, or other similar edible material which has the effect of attracting deer for the purpose of eating the material.
UNNATURAL FOOD SOURCE
does not include growing plants or the natural remainders of the growing plants.
(1992 Code, § 7-1) (Ord. 21-75, passed 4-7-1975; Ord. 12-80, passed 3-3-1980; Ord. 78-86, passed 8-25-1986; Ord. 59-07, passed 4-16-2007; Ord. 16-13, passed 4-2-2013; Ord. 80-14, passed 11-4-2014; Ord. 106-19, passed 11-5-2019; Ord. 99-22, passed 8-16-2022; Ord. 105-24, passed 12-17-2024; Ord. 106-24, passed 12-17-2024)
Cross-reference:
Definitions and rules of construction generally, see § 10.002
(a) Except on property designated by the city as an animal off-leash area, it shall be unlawful for any person to have any animal which is owned, kept, harbored, or allowed to be habitually in or upon the premises occupied by him or her or under his or her control to be at large and to go in or upon the private premises of others or upon any public property.
(b) Any person convicted of subsection (a) more than two times in a 12-month period shall be considered a reckless owner. Any fine for a reckless owner shall, at a minimum, be double the usual fine for animal running at large. For purposes of this section, each prior conviction must occur on a separate date than the present charge and any other prior conviction.
(c) Community cats shall not be impounded for solely being at large.
(1992 Code, § 7-2) (Ord. 21-75, passed 4-7-1975; Ord. 40-03, passed 5-12-2003; Ord. 90-17, passed 9-19-2017; Ord. 106, passed 12-17-2024) Penalty, see § 10.999
Statutory reference:
Power to regulate or prohibit the running at large of animals, see SDCL 9-29-12
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