(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) Penalty, see § 10.999