(A) The Chief of Police is hereby authorized to employ, whenever he or she deems it necessary, a sufficient number of persons to capture and convey to the dog pound, and care for, kill, and dispose of in the manner herein provided, all dogs found running at large contrary to the provisions of this chapter. It shall be lawful for any person to restrain and take up any creature found running at large contrary to the provisions of this subchapter and to deliver the same to the Chief of Police or to any police officer or animal control officer, who shall receive such animal and proceed in the like manner, as if the same had been taken by him or her or under his or her authority.
(SDCL 9-29-12)
(B) All dogs captured and conveyed to the dog pound, as established by the city, shall be kept with humane treatment and supplied with sufficient food and water for a period of at least 48 hours, unless sooner reclaimed by the owner or keeper thereof as herein provided. When the owner or claimant of a dog so impounded shall desire to redeem such dog from the pound, such dog may be released upon the payment to the person in charge of such dog pound, of an amount set by the City Council and on file at the office of the Finance Officer and costs of keeping, and shall exhibit a license for such dog issued in the manner herein provided, and the person in charge of such dog pound shall thereupon release such dog to such owner or claimant; provided further, for the second time the dog is impounded, the payment shall be increased in an amount set by the City Council and on file at the office of the Finance Officer, and the costs of keeping and shall procure a license as hereinabove provided; still further, for the third and still further subsequent impoundment’s, the payment shall be further increased in an amount set by the City Council and on file at the office of the City Finance Officer, and the costs of keeping and shall procure a license as hereinabove provided.
(C) At the expiration of 48 hours from the date of the impounding such dog, if the same shall fail or refuse to comply with the provisions of this subchapter for the releasing of the same, it shall be the duty of the person in charge of such dog pound to destroy such dog and to cause it to be removed and properly buried; provided, that the owner of licensed dogs shall have 24 hours’ notice in writing, after the expiration date of said 48 hours, before the animal shall be killed or destroyed.
(D) It shall be the duty of the persons in charge of said dog pound before destroying the dog under the provisions of this subchapter to sell said dog at a private sale to any person who is willing to pay a sum sufficient to reimburse the city for all expenses of keeping said dog and the fee set by the City Council and on file in the office of the Finance Officer; provided, also, that if a dog is of a vicious disposition or has dangerous habits, the police shall notify in writing the owner of or possessor of such dog to confine such dog, and if thereafter such owner or possessor fails to comply with such notices, the police are authorized, empowered, and directed to kill or cause to be killed such dog, whether found running at large or upon the premises of the owner of such dog, forthwith, and without impounding the said dog.
(Prior Code, § 7-3-7)