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(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
Unless recommended by the chief of police or health authority, it shall be unlawful for any person to willfully or maliciously administer or cause to be administered poison of any sort whatsoever to any animal on the property of another, with the intent to injure or destroy the animal, or to willfully or maliciously place any poison or poisoned food where such is accessible to any animal.
(1992 Code, § 7-7) (Ord. 21-75, passed 4-7-1975; Ord. 59-07, passed 4-16-2007) Penalty, see § 10.999
(a) The keeping of animals on any personal land in the city shall not be on a scale creating a nuisance.
(b) Domestic fowl of the order Galliformes in the genus of Gallus (chickens) and animals of the order Lagomorpha in the family of Leporidae (rabbits and hares):
(1) A maximum of six animals may be kept on personal land in the city.
(2) The maximum number may be increased by obtaining a license issued by the city pursuant to § 90.078.
(3) Roosters are prohibited.
(c) Domestic fowl of the order of Gallinaceous birds (fowl-like birds that are not chickens) and the order Anseriformes (water fowl):
(1) Every owner or keeper of domestic fowl other than chickens shall obtain a license issued by the city pursuant to § 90.078.
(2) Roosters are prohibited.
(d) It is considered a nuisance and shall be unlawful for any person to keep and maintain (other than the care and treatment of injured or abandoned birds and animals by people licensed for that purpose) or to sell native fur bearers, bears, mountain lions, bobcats, lynx, panthers, endangered species, exotic animals, or venomous snakes.
(e) Nothing in this section shall be deemed to prohibit the keeping of (Felis catus) the domestic cat, (Mustela putorius furo) the European polecat otherwise known as the ferret, or (Canis familiaris) the domestic dog, as long as all provisions of ordinance are followed.
(f) It shall be unlawful for livestock to be kept within the city limits, except that such livestock may be kept on property that is classified as AG, Agricultural District under the zoning ordinance of the city of Sioux Falls. This section shall not apply to livestock kept as a part of any research, educational institution, stockyard, or temporarily exhibited.
(g) Slaughter of animals is prohibited. This prohibition shall not include slaughter as part of any research, educational instruction, stockyard, or slaughterhouse.
(h) This section shall not apply to any circus or menagerie property licensed by the city or to the Great Plains Zoo.
(1992 Code, § 7-8) (Ord. 21-75, passed 4-7-1975; Ord. 22-80, passed 3-31-1980; Ord. 122-95, passed 9-18-1995; Ord. 16-13, passed 4-2-2013; Ord. 90-17, passed 9-19-2017) Penalty, see § 10.999
(a) No person shall create or maintain any condition or operate any equipment or keep any animal, fowl, pet or insect under his or her jurisdiction in a way that the condition or operation causes or is likely to cause the transmission of diseases from animals or insects to man.
(b) The Great Plains Zoo shall not be governed by this chapter.
(c) No owner, keeper, caretaker or attendant of an animal shall allow an animal to defecate on public or private property other than his or her own. If the animal does defecate upon public or private property, the owner, keeper, caretaker or attendant must immediately and thoroughly clean the fecal matter from the property.
(d) Anyone walking an animal on public or private property other than his or her own must carry with him or her visible means of cleaning up any fecal matter left by the animal. Animals used in parades or involved in law enforcement are exempt from this section.
(1992 Code, § 7-9) (Ord. 21-75, passed 4-7-1975; Ord. 121-95, passed 9-18-1995) Penalty, see § 10.999
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