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(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
The owner, keeper, possessor, caretaker, or attendant of an animal that bites, inflicts injury to, assaults, or otherwise attacks a person or other animal shall immediately by the quickest means of communication give notice of such incident to animal control or the police department and remain on the scene until the responding animal control officer or police officer has indicated the person may leave.
(Ord. 95-12, passed 12-4-2012; Ord. 90-17, passed 9-19-2017)
The owner, keeper, possessor, caretaker, or attendant of an animal that bites, inflicts injury to, assaults, or otherwise attacks a person or other animal shall immediately stop and give his or her name and address and shall render to any person injured reasonable assistance.
(Ord. 95-12, passed 12-4-2012; Ord. 90-17, passed 9-19-2017)
(a) The owner or custodian of an animal shall not allow the animal to create a disturbance by making loud noises any time of the night or day.
(b) Any animal control officer or police officer may remove and impound any animal which is disturbing the peace when the owner of the animal cannot be located. A notice advising the owner of the impoundment shall be left on the premises.
(c) Any person having custody or control of any female dog or cat in heat shall be required to keep the dog or cat confined in a building, secure enclosure, veterinary hospital or boarding kennel so that it cannot attract or come into contact with another animal on public or private property except for controlled breeding purposes.
(1992 Code, § 7-4) (Ord. 21-75, passed 4-7-1975; Ord. 78-86, passed 8-25-1986)
No person shall maltreat or abuse or neglect any animal or fowl. Any animal control officer finding an animal or fowl mistreated as described in this section shall have the power to lawfully enter the premises where the animal is kept and demand to examine the animal and to take possession of the animal, when in his or her opinion, the animal requires humane treatment.
(1992 Code, § 7-5) (Ord. 21-75, passed 4-7-1975; Ord. 78-86, passed 8-25-1986) Penalty, see § 10.999
Statutory reference:
Cruelty to animals, see SDCL ch. 40-1
Municipal authority to prohibit and punish cruelty to animals, see SDCL 9-29-11
(a) No person shall harbor or keep any stray animals. Animals known to be strays shall be immediately reported to the animal control officer.
(b) No person shall put out any food for the purpose of feeding or attracting any stray or abandoned animal. The placing of food to capture stray or abandoned animals by animal control officers or for the purpose of turning the animal over to animal control is not prohibited.
(1992 Code, § 7-6) (Ord. 21-75, passed 4-7-1975; Ord. 90-17, passed 9-19-2017; Ord. 106-24, passed 12-17-2024) Penalty, see § 10.999
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