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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
(a) An animal may be declared restricted by the chief of police or the attending physician of the victim of an animal bite or scratch may request the declaration, under the following guidelines:
(1) An animal which in a vicious or terrorizing manner approaches in an apparent attitude of attack, or bites, inflicts injury, assaults, or otherwise attacks a person or other animal, upon the streets, sidewalks, or any public or private grounds or places.
(2) No animal may be declared restricted if the injury or damage is sustained to any person or animal who is committing a willful trespass or other tort upon premises occupied by the owner or keeper of the animal, or who was teasing, tormenting, abusing, or assaulting the animal, or was committing or attempting to commit a crime.
(3) An animal that has been previously declared by another jurisdiction if the circumstances leading to the declaration in the other jurisdiction would have been sufficient for a restricted declaration had the events occurred within the city of Sioux Falls.
(b) When the chief of police declares an animal restricted, the chief of police shall notify the owner of the declaration in writing that the animal must be registered as a restricted animal within 15 days after the receipt of the written notice. The notice shall be served either in person or by mailing the notice by certified mail.
(c) The owner of an animal that has been declared restricted shall make application to the animal control office to register the restricted animal and shall comply with the following:
(1) The owner of the animal shall notify animal control of any changes in the following:
A. Ownership of the animal;
B. Name, address, and telephone number of a new owner;
C. Address change of the owner or any change in where the animal is housed;
D. Any change in the health status of the animal; and
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 6' 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 animal control. Minimum standards shall include the following:
A. Fencing materials shall not have openings with a diameter of more than 2". In the case of a wooden fence, the gaps shall not be more than 2".
B. Any gates within the pen or structure shall be lockable and of a 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 sides, the sides shall be imbedded into the ground or concrete;
D. The pen or structure shall protect the animal from the elements; and
E. The pen or structure may be required to have double exterior walls to prevent the insertion of fingers, hands, or other objects.
(5) The animal shall be permanently identified by injecting an identification microchip into the animal using standard veterinarian procedures and practices. The number and the veterinarian who injected the microchip are to be reported to animal control;
(6) A sign provided by or approved by animal control denoting a restricted 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. Said sign must warn the public as follows:
WARNING. RESTRICTED DOG ON THIS PROPERTY. DOG IS ONLY ALLOWED OUT OF HOUSE OR PEN WITH LEASH AND MUZZLE. THIS DOG HAS BEEN DECLARED RESTRICTED UNDER CITY OF SIOUX FALLS ORDINANCE 90.003. REPORT VIOLATIONS TO SIOUX FALLS ANIMAL CONTROL (367-7000).
The sign must also include a picture or symbol that conveys the idea of a vicious dog to small children who cannot read;
(7) The owner shall carry $100,000 animal 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 insurance shall be filed with animal control;
(8) The owner shall present proof of current rabies vaccination and current city license of the animal to animal control; and
(9) The owner shall present proof the animal has been altered to prevent reproduction to animal control.
(d) The restricted animal shall be impounded by animal control at the owner's expense until a time as all provisions of division (c) above are complied with.
(e) If the conditions in division (c) above are not complied with, the animal shall be euthanized in a humane manner and proof of euthanasia filed with animal control.
(f) Any restricted animal not in compliance with this article shall be seized by the animal control officer or any police officer and impounded. If the animal cannot be captured, it may be destroyed. An animal control officer or any police officer may order the owner to deliver the animal to the animal shelter within 24 hours and the owner ordered to appear in court to show cause why this 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 those means as are necessary to impound the animal.
(1992 Code, § 7-3) (Ord. 21-75, passed 4-7-1975; Ord. 78-86, passed 8-25-1986; Ord. 124-95, passed 9-18-1995; Ord. 59-07, passed 4-16-2007; Ord. 95-12, passed 12-4-2012; Ord. 90-17, passed 9-19-2017; Ord. 105-24, passed 12-17-2024) Penalty, see § 10.999
(a) An animal may be declared vicious by the chief of police under the following minimum guidelines:
(1) An animal that in a vicious or terrorizing manner, engages in contributing pack behavior or bites, inflicts injury to, assaults, or otherwise attacks a person or other animal upon the streets, sidewalks, or any public or private grounds or places, resulting in the death of the person or other animal.
(2) An animal that, in a vicious or terrorizing manner, engages in contributing pack behavior or bites, inflicts injury to, assaults, or otherwise attacks a person or other animal resulting in:
A. A bite wound with one to four punctures from a single bite with at least puncture of which estimates indicate that more than 50% of the length of the canine teeth entered the victim’s body;
B. Serious injury to the person or animal; or
C. A Level 4 or higher aggression incident on the Dunbar scale as set forth in § 90.003.2.
(3) An animal that has been previously declared in another jurisdiction if the circumstances leading to the declaration in the other jurisdiction would have been sufficient for a vicious declaration had the events occurred within the city of Sioux Falls.
(4) No animal may be declared vicious if the injury or damage is sustained to any person or animal who is committing a willful trespass or othertort upon premises occupied by the owner or keeper of the animal, or who was teasing, tormenting, abusing, or assaulting the animal, or was committing or attempting to commit a crime.
(b) When the chief of police declares an animal vicious, the chief of police shall notify the owner of the declaration in writing. The notice shall be served either in person or by mailing the notice by certified mail.
(c) It is unlawful for any person to own, harbor, or possess a vicious animal.
(d) Any animal declared vicious shall be euthanized in a humane manner and proof of euthanasia filed with animal control.
(e) Any animal declared vicious shall also have been deemed declared restricted for purposes of any administrative appeal.
(Ord. 90-17, passed 9-19-2017; Ord. 105-24, passed 12-17-2024) Penalty, see § 10.999
Statutory reference:
Vicious dogs, see SDCL 40-34-13 et seq.
(a) Level 1. Animal growls, lunges, or snarls, but no teeth touch skin. Mostly intimidation or threatening behavior.
(b) Level 2. Teeth touch skin but no puncture. May have red mark or minor bruise from the dog’s head or snout, may have minor scratches from paws/nails. Minor surface abrasions or lacerations.
(c) Level 3. Punctures one to three holes, single bite. No tearing or slashes. Victim not shaken side to side, bruising.
(d) Level 3.5. Multiple Level 3 bites.
(e) Level 4. Two to four holes from a single bite, typically contact/puncture from more than canines, which may have considerable bruising, black bruising, tears or slashing wounds indicating animal clamped down and held or shook head from side to side.
(f) Level 5. Multiple bites at Level 4 or above. A concerted, repeated attack causing severe injury.
(g) Level 6. Victim dead.
(Ord. 90-17, passed 9-19-2017; Ord. 105-24, passed 12-17-2024) Penalty, see § 10.999
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