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(a) A guard dog permit must be obtained for each commercial property where guard dogs are to be used. Procedures for permit application, for inspection of guard dog facilities and for issuance of dog identification tags will be established by the animal control officer, or his or her designee. Permits for both permanent and temporary locations may be transferred to a new location operated by the same business firm during the license year. However, the transfers shall not be effective until the animal control officer, or his or her designee, has inspected and approved the required facilities at the new location, and the information required in this section for permit applications has been recorded. Five working days’ advance notification shall be required by the animal control officer, or his or her designee, for permit transfers.
(b) Permit applications shall include the following information:
(1) The business name, address and telephone number of the commercial property where guard dogs are to be used;
(2) The name, address and telephone number of the handler who can be reached at any time of the day or night;
(3) The number of dogs to be used and a general description of their use;
(4) The location where the dogs are to be housed; and
(5) Any other information that the animal control officer, or his or her designee, deems necessary by rule and regulation. Permit holders shall notify the animal control officer, or his or her designee, if any information recorded as part of the permit application is changed during the course of the period for which the permit is issued.
(c) The animal control officer, or his or her designee, shall inspect the facilities where the guard dog is to be used and housed when the guard dog permit is applied for and when it is renewed.
(d) If the inspection reveals that the requirements of this subchapter are met, a fee of $100 shall be paid and a guard dog license and special guard dog identification tags for the approved commercial property shall be issued by the animal control officer, or his or her designee. The permit shall be displayed at the approved commercial property and an identification tag shall be affixed to the collar of each dog used. Holders of the guard dog permit shall be exempt from the license fee requirements of § 90.075 for their guard dogs.
(e) The guard dog permit shall be valid for the period of one year and must be renewed annually within 30 days after the renewal date. The renewal fee shall be $100.
(f) The guard dog permit must be obtained prior to housing or utilizing guard dogs at the commercial property.
(1992 Code, § 7-81) (Ord. 12-80, passed 3-3-1980)
Whenever there is a guard dog on the premises, the standards of this section in addition to the other requirements of this subchapter shall be complied with.
(a) Housing must have anti-escape fences completely surrounding it or be an anti-escape building sufficient to house guard dogs.
(b) All gates and entrances to the area where the guard dog is housed, used or trained must be kept locked when the handler is not present.
(c) Where guard dogs are used outside buildings, the area must be enclosed by at least a six-foot chain-link fence or other enclosure of equal security, to which anti-escape devices have been added. The adequacy of the fencing shall be subject to the approval of the animal control officer or his or her designee.
(d) In order to control noise, the animal control officer, or his or her designee, may require a sight barrier which breaks the dog’s line of sight.
(e) In buildings where the guard dogs are used, exterior glass must be adequate to prevent the dog from jumping through it. Additional protective measures may be required by the animal control officer, or his or her designee.
(f) The building and yard in which a guard dog is used must be posted with guard dog signs, approved by the animal control officer, or his or her designee, that shall not be more than 200 feet apart, and shall be at all property corners and at every entrance into the area.
(g) For guard dogs either transported or utilized in vehicles, adequate measures must be taken to prevent the public from accidental contact with the guard dog.
(h) A handler is required to be physically present while guard dogs are being utilized at temporary sites which do not comply with this subchapter.
(i) All guard dogs will be leashed and muzzled when on a public street.
(1992 Code, § 7-82) (Ord. 12-80, passed 3-3-1980)
HOBBY BEEKEEPING
(a) No person shall establish or maintain any hive or colony unless the city issues a permit allowing the applicant to establish and maintain a colony on the property he/she owns. Exception: If the principal use of the property is a college, university, post high school, middle school, high school, or zoo, the application shall require authorization from the property owner or authorized agent. The permit will be valid for one year.
(b) Permits are nontransferable and do not run with the land.
(c) By signing the permit, the applicant acknowledges that he or she shall defend and indemnify the city against any and all claims arising from his/her hobby beekeeping. If the principal use of the property is a college, university, post high school, middle school, high school, or zoo, the property owner or authorized agent shall also acknowledge that they shall defend and indemnify the city against any and all claims arising from the hobby beekeeping on the subject property.
(d) The fee for the initial permit shall be $50. For each subsequent permit, there shall be a $25 renewal fee. The Sioux Falls Zoo and Aquarium shall not be required to pay for the initial permit or any subsequent permit.
(e) No permit shall be issued unless the applicant has registered his or her apiaries with the state as required by SDCL ch. 38-18, and complies with the applicable provisions of this code and SDCL ch. 38-18.
(f) The applicant must show proof of having successfully completed a beekeeping class not more than one year prior to the initial application. The beekeeping class must be from an organization approved by the city.
(g) Hobby beekeeping shall only be allowed on property that meets one of the following zoning classifications:
(1) A DD or AD1 form in any eligible zoning district.
(2) A OPEN2 form in the REC or S-2 Institutional Campus zoning district.
(3) A OPEN3 form in the AG zoning district.
(4) A BCF1 or BCF3 form in the S-1 General Institutional or S-2 Institutional Campus zoning district whose principal use is a college, university, post high school, middle school, or high school.
(5) A property in the S-2 Institutional Campus zoning district with no form established that is located within the boundaries of a school campus.
(h) If the property is a DD or AD1 form, the initial application must be accompanied by a written consent of 80% of property owners of all property situated within 100 feet of the applicant's property, and 100% of all property owners abutting the applicant's property. In all other forms, the hive(s) must be located at least 100 feet from any property not owned or controlled by the applicant or authorized agent.
(i) Beekeepers are subject to annual inspections conducted by animal control.
(Ord. 106-19, passed 11-5-2019; Ord. 99-22, passed 8-16-2022; Ord. 73-24, passed 8-20-2024)
(a) Honeybee colonies shall be kept in hives with removable frames, which must be kept in sound and usable conditions.
(b) Each beekeeper must ensure that a convenient source of water is available within ten feet of each colony at all times that the colonies remain active outside the hive, and the water shall be maintained so as not to become stagnant.
(c) Each beekeeper must ensure that no wax comb or other material that might encourage robbing by other honeybees is left upon the grounds of the apiary lot. Such materials once removed from the site shall be handled and stored in sealed containers, or placed within a building or other vermin-proof container.
(d) Each beekeeper shall maintain his or her beekeeping equipment in good condition, including keeping the hives painted if they have been painted but are peeling or flaking, and securing unused equipment from weather, potential theft or vandalism, and occupancy by swarms.
(e) A sign provided by animal control shall be displayed on a place clearly visible from the closest sidewalk, circulation area, parking lot or right- of-way to the hive(s), or in a location designated by the city. Said sign must warn the public as follows: BEE HIVE ON THIS PROPERTY. REPORT VIOLATIONS TO SIOUX FALLS ANIMAL CONTROL (605-367-7000). Hives located at the Sioux Falls Zoo and Aquarium are exempt from this requirement.
(Ord. 106-19, passed 11-5-2019; Ord. 99-22, passed 8-16-2022; Ord. 73-24, passed 8-20-2024)
(a) Hive placement. The beehive(s) must not be located in the front yard of a property whose primary form is a DD or AD1 form. The beehives must be no closer than 25 feet to an occupied building on another lot. The hives shall be located at least ten feet from a property line. All hives shall be placed appropriately on the lot so as to inhibit access to the hive from adjacent properties and to prevent interference with the movements of persons on adjacent properties, sidewalks, circulation areas, parking lots, or in the public right-of-way. The front of the hive shall face away from the closest property line, sidewalk, and/or right-of-way, whichever is closest.
(b) Flyway barriers. A flyway barrier must be installed in front of the hive if the hive is located less than 25 feet from the property line in the DD and AD1 forms. A flyway barrier is not required if the hive is located at least ten feet off the ground.
(c) Security fence. Except in the OPEN3, DD and AD1 forms, a hive must be enclosed by a fence at least ten feet from the front of the hive and four feet from the other sides in accordance to Chapter 160. This requirement may be waived by Animal Control. A fence is not required if the hive(s) is located at least ten feet off the ground.
(Ord. 106-19, passed 11-5-2019; Ord. 99-22, passed 8-16-2022)
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