(a) An animal may be declared vicious by the chief of police under the following guidelines:
(1) An animal which in a vicious or terrorizing manner bites, inflicts injury, 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 which in a vicious or terrorizing manner bites, inflicts injury, assaults, or otherwise attacks a person or other animal resulting in a Level 4 or higher on the Dunbar scale 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 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.
(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 dog.
(d) Any dog declared vicious shall be euthanized in a humane manner and proof of euthanasia filed with animal control.
(e) Any dog declared vicious shall also have been deemed declared restricted for purposes of any administrative appeal.
(Ord. 90-17, passed 9-19-2017) Penalty, see § 10.999
Statutory reference:
Vicious dogs, see SDCL 40-34-13 et seq.