Aberdeen South Dakota

 

Aberdeen South Dakota

Revised Ordinances City of Aberdeen South Dakota

Chapter 6 ANIMALS AND FOWL*

__________

*Cross references: Environment, ch. 13; health and sanitation, ch. 16; persons propelling pushcarts or riding bicycles or animals, § 24-4; animals and vehicles on sidewalks, § 24-9.

State law references: Animals and livestock generally, SDCL § 40-1-1 et seq.; conflicts with zoning, SDCL § 11-4-6.

__________

Article I. In General

Sec. 6-1. Enforcement of animal ordinances.

Sec. 6-2. Animals running at large.

Sec. 6-3. Picketing animals.

Sec. 6-4. Fowl generally.

Sec. 6-5. Pigeons generally.

Sec. 6-6. Pigeon lofts.

Sec. 6-7. Livestock prohibitions.

Secs. 6-8--6-30. Reserved.

Article II. Animal Control

Division 1. Generally

Sec. 6-31. Violation; scienter not an element of the offense.

Sec. 6-32. Animals at large.

Sec. 6-33. Animals in heat.

Sec. 6-34. Rabies inoculation.

Sec. 6-35. Animals disturbing the peace.

Sec. 6-36. Dangerous, potentially dangerous and vicious animals--Investigation, declaration.

Sec. 6-37. Same--Determination; notice; appeal.

Sec. 6-38. Same--Ownership and possession.

Sec. 6-39. Wild or exotic creatures.

Sec. 6-40. Muzzling of animals.

Sec. 6-41. Animals having bitten or attacked a person; impoundment, quarantine and observation; disposition.

Sec. 6-42. Pet waste.

Sec. 6-43. Kennels and animal breed operations.

Sec. 6-44. Kennels required for certain number of dogs and cats.

Sec. 6-45. Guard dogs.

Secs. 6-46--6-55. Reserved.

Division 2. Dog or Cat License

Sec. 6-56. Required for dogs and cats, etc.

Sec. 6-57. Exceptions.

Sec. 6-58. Application.

Sec. 6-59. Fee, tag.

Sec. 6-60. Certificate of inoculation.

Sec. 6-61. Expiration.

Secs. 6-62--6-80. Reserved.

Division 3. Impoundment

Sec. 6-81. Taking up animals at large generally.

Sec. 6-82. Impoundment by police.

Sec. 6-83. Redemption of animal from shelter.

Sec. 6-84. Sale of impounded animals.

Sec. 6-85. Destruction of unclaimed animals.

Secs. 6-86--6-110. Reserved.

Article III. Stockyards, Feeding Lots

Sec. 6-111. Feed lots.

Sec. 6-112. Nuisance.

Sec. 6-113. Keeping of hogs.

Sec. 6-114. Manure removal--Required.

Sec. 6-115. Same--Penalty.

Secs. 6-116--6-150. Reserved.

Article IV. Animal Cruelty

Sec. 6-151. Cruelty generally.

Sec. 6-152. Animals left in vehicles.

Sec. 6-153. Transportation of animals.

Sec. 6-154. Striking with vehicle.

Sec. 6-155. Animal fights.

Sec. 6-156. Teasing.

Sec. 6-157. Trapping of animals.

Sec. 6-158. Poisoning.

ARTICLE I. IN GENERAL

Sec. 6-1. Enforcement of animal ordinances.

It shall be the duty of the animal control officer to carry out and enforce all provisions of this chapter. No person shall hinder, delay, or obstruct the animal control officer, his assistant, or any law enforcement officer when engaged in capturing, securing, or impounding any creature. It shall also be unlawful to damage or in anyway interfere with city owned or controlled animal traps or equipment.

Sec. 6-2. Animals running at large.

No person owning or having possession, charge, custody or control of any mammal, reptile, insect, bird or amphibians shall allow it to run at large.

(Code 1980, § 6-2; Ord. No. 02-12-06, 12-23-2002)

State law references: Power of city to regulate or prohibit the running at large of animals, SDCL § 9-29-12.

Sec. 6-3. Picketing animals.

No person owning or having possession, charge, custody or control of any mammal, reptile, insect, bird or amphibians in the city shall permit such creature, as the result of being staked or otherwise tethered, to go upon any street, alley or sidewalk or to approach within 100 feet of any dwelling house or building used for human habitation other than that of the person owning or having possession, charge, custody or control of such creature.

(Code 1980, § 6-4; Ord. No. 02-12-08, 12-23-2002)

Sec. 6-4. Fowl generally.

No person shall allow any ducks, geese, chickens or other domestic fowl to run at large nor shall any person keep enclosed or housed any geese, ducks, chickens or other domestic fowl in any house, pen, coop or enclosure situated within the distance of 125 feet of any dwelling house or store or other building which is used or occupied as the residence of any person, or within 125 feet of any church, school or other public building. Such house, pen, coop or enclosure shall be maintained at all times in a clean and sanitary condition.

(Code 1980, § 6-5)

Sec. 6-5. Pigeons generally.

No person owning or having in his charge, control or possession any pigeons shall suffer, allow or permit such pigeons to roam or fly at large within the city.

(Code 1980, § 6-6)

Sec. 6-6. Pigeon lofts.

No person owning or having possession, charge, custody or control may keep, maintain or harbor pigeons unless such pigeons are kept, maintained or harbored in a duly licensed pigeons loft as defined herein.

(a)     The building inspection division shall issue a permit to maintain a pigeon loft and to use the same for the keeping of pigeons to an applicant for such permit as herein provided.

(b)     An applicant for a permit for the maintenance of a pigeon loft shall make an application for such permit in writing, signed by him, containing the following information and meeting the following requirements.

(1)     Verification that he has posted his intentions to build a pigeon loft along with the building permit notice 30 days in advance of the construction. That it was posted in several locations near the building site to allow his neighbors an opportunity to protest. Notices had been posted in such a manner to assure that they are easily seen by anyone in the neighborhood and effected area.

(2)     Location of the pigeon loft.

(3)     Description of loft, size, material used and capacity thereof, including a photograph if already constructed.

(4)     Verification that the pigeon loft is found on inspection to be suitable for use as a loft as provided herein; and

(5)     Verification the construction and location does not conflict with the requirements of any building code or setback lines, side lot lines, rear lot line restrictions.

(c)     The permit for a pigeon loft shall not be denied because of any zoning restrictions for the use of land in effect within the area subject to the zoning authority of this city; provided, that such loft shall be kept as a hobby for showing or racing of pigeons and that commercial breeding and/or slaughterhouse operations will not be allowed under this section.

(d)     Any permit issued for a pigeon loft shall expressly state the capacity of such loft. The holders of permits for a pigeon loft may use such loft for the breeding, keeping, training and flying of homing pigeons kept therein.

(e)     Pigeon lofts authorized to be kept and maintained by the issuance of a permit as provided herein shall be maintained in a clean, sanitary and wholesome manner at all times and may be inspected at any reasonable time or interval by any agent, inspector, employee, member of the board of health or officer of the department of health, animal control officer or police officer.

(f)     An annual fee of $50.00 shall be charged for each loft permit issued. Such permit shall remain in full force and effect until December 31 of the license year unless the loft permit is suspended or revoked for cause.

(g)     The use of any pigeon loft within the city not in compliance with the terms of this section is unlawful and a public nuisance.

(h)     A pigeon loft permit duly issued as herein provided may be suspended or revoked by the health officer, animal control officer, or police officer for the violation of any of the requirements of this Code unless the holder of such permit shall appear before the officer and show cause within five working days of any notice of revocation as to why such permit should not be suspended or revoked. If within that time the violations are not corrected the officer will order the permit revoked and the holder has five working days to dispose of the pigeons and thoroughly clean the loft and remove any feces, feathers and body parts, or face a daily fine of $55.00.

(Ord. No. 02-12-26, 12-23-2002)

Sec. 6-7. Livestock prohibitions.

(a)     No person shall keep any creature used in animal husbandry, erect or maintain any building or enclosure for use in keeping any of such mammal, reptile, insect, bird, or fish or amphibians within 125 feet of any dwelling, house or building used for human habitation in the city, other than that of the owner of such animals. This section shall not apply to any property zoned pursuant to section 701 of the revised ordinances of city agricultural districts (A-1), or in the case of fairs, parades, circuses or such who have received the appropriate permissions.

(b)     The keeping of animals as set forth in this section shall require a parcel or lot size of not less than five acres.

(c)     No person owning or having possession, charge, custody or control of any creature used in animal husbandry may cause, permit or allow the same to stray or run or in any other manner to be at large in or upon any unenclosed lot or place, public or private, in the city; nor shall any person owning or having possession, charge, custody or control of any such animal cause or permit or allow the same to be staked out, or herd or graze any such animal upon any unenclosed private lot or land in the city, in such manner that the rope or other attachment by which the animal is tethered may permit such animals to be or to go beyond the boundaries of the unenclosed private lot or land. Any animal suffered or permitted to be at large or otherwise to be within the city in violation of this section is declared to be a nuisance and a menace to public health and safety.

(d)     No person may cause or allow any stable or place where any livestock is, or may be kept, or any private lot or land in the city used to keep such livestock to become unclean or unwholesome. Feces will be removed on a daily basis and disposed of in accordance with the appropriate city ordinances.

(e)     No person owning or having possession, charge, custody or control of any creature used in animal husbandry may fail to provide for his animal sufficient good, wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and to treat such creature with humane care and treatment.

(Ord. No. 02-12-07, 12-23-2002)

Cross references: Nuisances, § 16-61 et seq.; pets in parks, § 20-77; streets and sidewalks, ch. 26-22.

State law references: Power of city to regulate or prohibit the running at large of animals, SDCL § 9-29-12; animals and livestock generally, SDCL title 40.

Secs. 6-8--6-30. Reserved.

ARTICLE II. ANIMAL CONTROL

DIVISION 1. GENERALLY

Sec. 6-31. Violation; scienter not an element of the offense.

In any proceeding or violation of the provisions of this article relating to any creature, the use of the terms "permit or suffer to run at large" and "to permit or suffer any creature to disturb the peace" shall not be construed as making scienter an element of the offense, and the knowledge or lack of knowledge of the person committing the act or violating this article shall be considered immaterial.

(Code 1980, § 6-25; Ord. No. 02-12-11, 12-23-2002)

Sec. 6-32. Animals at large.

(a)     Definition. Any mammal, reptile, insect, bird or amphibian in the city or in any area controlled by the city shall be deemed to be running at large within the meaning of this article when such creature is not confined on the premises of its owner, or on a leash in the hands of some attendant, or unless such creature, if loose, is accompanied by and under control and direction of a competent person and obedient to that person's command, and is within two of the creature's body lengths from that person, or within a vehicle being driven or parked on the streets.

(b)     Exotic and wild creatures. Exotic and wild creatures, such as snakes, wolves, cougars, tigers, birds of prey, etc., or any creature that in the judgment of a city police officer or animal control officer is a danger to the public must be leashed or otherwise under such control as to prevent any possibility of escape.

(c)     Impoundment. It shall be unlawful for any person to permit or suffer to run at large within the limits of the city any dog, cat or other creature, licensed or unlicensed, and any police officer or animal control officer is hereby authorized and empowered to impound such dog, cat or creature found running at large in violation of the provisions of this section.

(Code 1980, §§ 6-31, 6-33; Ord. No. 02-12-10, 12-23-2002; Ord. No. 02-12-12, 12-23-2002)

Sec. 6-33. Animals in heat.

Male or female mammals in heat shall be kept confined in a building or secure enclosure in such a manner that such mammal cannot come in contact with another mammal, except for breeding purposes.

(Code 1980, § 6-27; Ord. No. 02-12-13, 12-23-2002)

Sec. 6-34. Rabies inoculation.

Any dog or cat licensed under six months of age shall be inoculated against rabies upon reaching the age of six months.

(Code 1980, § 6-54)

Sec. 6-35. Animals disturbing the peace.

(a)     No person owning and no person keeping, harboring or having on property occupied by him or her any creature, licensed or unlicensed, confined on the premises or otherwise, shall suffer or permit such creature to disturb the peace and quiet of the neighborhood by persistent or constant barking, howling, whining, snarling or growling or any such sound that disturbs his neighbors.

(b)     Upon complaint being made to the city police department that any person owns or is keeping or harboring any creature which disturbs the peace as set forth in this section, a law enforcement officer or animal control officer shall be empowered to immediately take possession of said creature and to impound said creature if the owner or caretaker is not present or is unable or unwilling to immediately quiet the creature. The officer may do this if he hears the creature disturbing the peace. If the officer does not hear the alleged disturbance, but the complaining citizen is willing to sign a statement attesting to the disturbance with times and descriptions of such disturbance, the officer may use that statement to judge if the disturbance is severe enough to impound the creature. If the owner or caretaker is not at home, the officer will leave a notice informing him of the impoundment. The owner or caretaker will be responsible for all costs.

(c)     In addition to the impounding of such creature, the owner of the creature and/or the occupant of the property on which the creature is being kept or harbored during the times that the creature is disturbing the peace shall be subject to a fine as authorized under these ordinances. It is intended that the officer issuing the summons for the offense shall undertake to use a graduated system of penalties up to the maximum penalty allowed as follows:

(1)     First offense: $55.00;

(2)     Second offense: $110.00;

(3)     Third offense: $165.00; and

(4)     Fourth and subsequent offenses: $200.00.

This graduated fine system does not prevent the imposition of jail as authorized under the general penalties of these ordinances.

(d)     The terms "owner of such creature" and "caretaker of such creature" shall include any person harboring or keeping said creature, the occupant of any premises on which a creature remains or to which it customarily returns daily, or any adult individual residing in that household. Such individual is presumed to be harboring or keeping the creature within the meaning of this section and may be issued the summons.

(Code 1980, § 6-28; Ord. No. 02-12-14, 12-23-2002)

State law references: Power of city to prevent and suppress noise, SDCL § 9-29-3; impoundment of animals, SDCL § 9-29-12.

Sec. 6-36. Dangerous, potentially dangerous and vicious animals.

A mammal, reptile, insect, bird, fish or amphibian may be declared dangerous/vicious by the city animal control authority under the following guidelines:

(1)     A city police officer or animal control officer may initiate an investigation into the dangerousness of any mammal, reptile, insect, bird, fish or amphibian based on his observations upon the official complaint of any adult person who has observed such behavior or by an attending physician who has treated an individual for animal caused wounds.

(2)     The following actions will determine the need for investigation and or declaration of dangerous/vicious creature:

a.     A creature 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 creature upon the streets, sidewalks, or any public grounds or places.

b.     A creature which, on private property, in a vicious or terrifying manner, approaches in an apparent attitude of attack, or bites or inflicts injury, or otherwise attacks a police officer, animal control officer, mailman, meter reader, serviceman, journeyman, deliveryman or other employed person or other creature who is on private property by reason of permission of the owner or occupant of such property or who is on private property by reason of a course of dealing with the owner of such private property. Included in these circumstances will be the unintentional trespass of a minor child who is not yet capable of understanding the concept of private property.

c.     No creature may be declared dangerous/vicious if the injury or damage is sustained to any person or creature who is committing a willful trespass or other tort upon premises occupied by the owner or keeper of the creature, or who was teasing, tormenting, abusing or assaulting the animal or was committing or attempting to commit a crime.

(3)     At any time during the course of an investigation, the city police officer or animal control officer may impound the creature being investigated if that officer determines that the public safety so requires. If the creature is determined to be dangerous/vicious, the creature will be impounded until the conditions in section 6-38 are met or until the animal review board overturns the declaration.

(Code 1980, § 6-29; Ord. No. 02-12-15, 12-23-2002)

Sec. 6-37. Same--Determination; notice; appeal.

(a)     Notice. When a creature is declared dangerous/vicious, the city animal control authority shall notify the owner of such declaration in writing that such creature must be registered as a dangerous/vicious creature within 14 business days after the receipt of such written notice. Said notice shall be served either in person or by mailing such notice by certified mail.

(b)     Animal review board. The animal review board shall convene as necessary to hear appeals from the animal control officer's finding. The board shall consist of the police commissioner as head of the board, the city health officer and an individual designated by the chief of police.

(c)     Appeal request. If the owner or complainant does wish to appeal the dangerous/vicious determination, he may request, in writing, a hearing before the review board within five business days after receiving the animal control officer's determination. The animal review board shall hold a hearing not less than three nor more than ten business days after receiving the owner's or complainant's written request for such a hearing. The purpose of the hearing shall be to uphold, overturn, or modify the animal control officer's finding and determination. The chair of the animal review board shall provide notice of the date, time and location of the hearing to the animal owner by registered mail and to the complainant by first-class mail. Notice must be received by the owner and complainant a minimum of two calendar days prior to the hearing.

(d)     Hearing criteria. At the hearing, all interested persons shall be given the opportunity to present evidence on the issue of the animal's dangerousness or potential dangerousness. Criteria to be considered in a hearing required by this section shall include but not be limited to the following:

(1)     Provocation.

(2)     Severity of attack or injury to a person or domestic animal.

(3)     Previous aggressive history of the animal.

(4)     Observable behavior of the animal.

(5)     Site and circumstances of the incident.

(6)     Statements from interested parties.

(e)     Decision. The animal review board shall issue a decision upholding or overturning the animal control officer's determination, or it may modify the requirements mandated for the keeping of a dangerous/vicious creature. The decision may be issued at the hearing but, in any case, shall be issued within three calendar days after the hearing.

(f)     Owner's responsibility. A determination by the animal review board that the creature is a potentially dangerous creature shall subject the creature and its owner to the provisions of this section. The owner of such creature must then be in compliance of these section guidelines within 14 working days. If the owner of such creature does not appeal, then he or she must be in compliance with such provisions within 14 working days of the receipt of notification of dangerous/vicious from the animal control officer. The owner must be in compliance of these section guidelines before the creature is returned to him or her.

(Ord. No. 02-12-16, 12-23-2002)

Sec. 6-38. Same--Ownership and possession.

No person may keep within the boundaries of the city any potentially dangerous creature, unless such creature is registered yearly with the city and a permit fee in the amount of $50.00 is paid to the city. Such permit for maintaining a dangerous/vicious animal shall be presented to any law enforcement officer or animal control officer upon demand.

In addition the following conditions shall be met:

(1)     If the creature is indoors, the animal shall be under the control of a person over 18 years of age. A lockable kennel or room must be available to secure the creature in. It shall not be kept in a porch, patio or in any part of a house or structure that would allow the animal to exit such building on its own volition. In addition, no potentially dangerous animal shall be kept in a house or structure when screen windows or doors are the only obstacle preventing the creature from exiting the structure.

(2)     If the creature is outdoors and attended, the creature shall be muzzled, on a leash no longer than six feet and under the control of a person over 18 years of age and capable of physically controlling the animal. The animal shall have a colorfast, fluorescent green colored vest of sufficient and standard design as to easily identify the creature a dangerous/vicious animal.

(3)     If the creature is outdoors and unattended, the creature must be locked in an escape-proof kennel approved by the city animal control officer. Minimum standards shall include the following:

a.     Fencing materials shall not have openings with a diameter of more than two inches; in the case of a wooden fence, the gaps shall not be more than two inches.

b.     Any gates within such pen or structure shall be lockable and of such design to prevent the entry of children or the escape of the animal. The kennel gate will be locked at all times.

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 at least 12 inches or secured with concrete footings. The bottom of the enclosure will be secured in such a way that the creature will not be able to dig under the sides to escape.

d.     The pen or structure shall protect the creature from the elements. Also, it will provide adequate exercise room, light and ventilation. The enclosed structure shall be kept in a clean and sanitary condition.

e.     The pen or structure may be required to have double exterior walls to prevent the insertion of fingers, hands or other objects.

f.     A universal sign denoting a dangerous/vicious creature shall be displayed on the kennel or enclosure. The signs will be on all sides of the enclosure and easily readable by the public and specify what type of creature to be aware of.

(4)     The owner shall carry $250,000.00 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 such insurance shall be filed with the city when the creature is registered.

(5)     The owner shall present proof of current rabies vaccination, if applicable, or the creature being registered.

(6)     The owner shall also present proof that the creature has been altered to prevent reproduction.

(7)     If the conditions in this section are not complied with within 14 working days, the creature shall be euthanized in a humane manner at the owner's expense.

(8)     Any dangerous/vicious creature found off the premises of its owner, other than provided for in this section, shall be seized by the animal control officer or any police officer and impounded. If the creature cannot be captured, it may be destroyed. If the creature has been running at large, or bites a person, or bites another animal, the animal control officer or any police officer may order the owner to deliver the creature to the city animal shelter within 24 hours. The owner may request in writing within five working days to appear in front of the animal review board to show cause why this animal shall not be destroyed. If no request is filed at the end of those five working days, the creature may be euthanized. If the owner of the creature fails to deliver the creature as ordered, the animal control officer or any police officer shall use such means as are necessary to impound the creature.

(9)     The owner or keeper of a dangerous/vicious creature shall notify the city's designated animal control authority immediately if such creature escapes from its enclosure or restraint and is at large. Such immediate notification shall also be required if the animal bites or attacks a person or domestic animal or livestock.

(10)     Any owner of a potentially dangerous animal who sells or otherwise transfers ownership, custody or residence of the animal shall, within ten business days after such change of ownership or residence, provide written notification to the city's designated animal control authority of the name, address and telephone number of the new owner. It also shall be the responsibility of the person transferring ownership or custody of the animal to provide written notification of the animal's classification as dangerous/vicious to the person receiving the animal. The previous owner shall furnish a copy of such notification to the city's designated animal control authority along with written acknowledgment by the new owner of his receipt of such notification. The new owner shall notify the city's designated animal control authority of any changes of ownership, custody, or residence of the animal within three business days.

(11)     Any creature that has been declared dangerous/vicious by any agency or department of the city, another municipality, county or state shall be subject to the provisions of this section for the remainder of its life, unless the potentially dangerous animal designation is removed in accordance with this section. The person owning or having custody of any creature designated as a dangerous/vicious creature by any municipality, county or state government shall notify, in writing, the city's designated animal control authority of the creature's address and conditions of maintenance within ten days of moving the animal into the city. A fine of $100.00 will be levied against anyone not notifying the city animal control authority of his or her dangerous/vicious creature within the designated ten days of arrival. If the conditions for keeping a dangerous/vicious creature are not already in place, the creature will be impounded, at the owner's expense, for up to 14 days while the owner meets the requirements of this section. If these requirements are not met by that time, the creature will be subject to disposal as set forth in this section.

(12)     The owner of any dangerous/vicious creature may petition the animal review board for a removal of the designation after five consecutive years during which the owner has received no violations under this section.

(13)     The owner of any dangerous/vicious creature will notify the animal control authority of any address change of where the animal is housed, any change in the health status of the creature, and the death of the creature within five working days of these happenings.

(14)     The owner of any dangerous/vicious creature will be liable to all expenses connected to the catching, kenneling, medical care or disposal of his or her creature.

(15)     Nothing in this section shall be construed to limit, affect, or apply to the use of creatures by law enforcement, military or rescue organizations.

(Ord. No. 02-12-17, 12-23-2002)

Sec. 6-39. Wild or exotic creatures.

No person shall sell or give to another person, possess, harbor or keep wild or exotic creatures or hybrid offspring of such creatures in the city or on any property controlled by the city, unless such creatures have been duly licensed and adequate living quarters with proper security have been installed. Any native or exotic wildlife whose possession or sale is prohibited because they are designated as protected or endangered pursuant to any federal, state or local law, regulation, or rule will not be allowed in the city, and the creature shall be confiscated and turned over to the appropriate agency.

(1)     Definition. For the purposes of this Code, the term "wild and exotic creature" means any mammal, reptile, insect, bird, fish, or amphibian which is naturally inclined to do harm and capable of inflicting harm upon human beings.

(2)     Exceptions.

a.     A circus, petting zoo or wildlife exhibitor licensed by federal or state agencies, or which has the approval of the city to exhibit wild or exotic animals. Such circus, zoo or exhibitor shall have protective devices which are adequate to prevent such creatures from escaping and injuring the public.

b.     Pet stores that are properly licensed and approved by the city. Such pet stores shall have protective devices which are adequate to prevent such creatures from escaping and injuring the public.

c.     Any city-owned or controlled operation that has protective devices which are adequate to prevent such creature from escaping or injuring the public.

(3)     Licensing. Any person desiring to keep, maintain or have in his or her custody or control, by himself or herself or his agent within the city or any area controlled by the city, any wild or exotic creature shall within 30 days upon owning or taking into his possession such creature make application to the city finance office for a license to keep such creature. The application will be in writing stating the name, sex, color, breed and other distinguishing characteristics of such creature and the name of the owner thereof. Before such a license is issued, the area in which the creature will be living must be inspected by the animal control officer to ensure a healthy sanitary living condition with adequate protective devices which will prevent such creature from escaping or injuring the public.

(4)     Fee. An applicant for a wild or exotic creature license shall at the time of application pay to the city treasurer a sum of $50.00. This will be a yearly requirement.

(5)     Control. All such creatures falling under this section will be leashed and under the control of a competent adult capable of handling such creatures. Any wild or exotic creature that in the judgment of a city police officer or animal control officer presents a danger to the public, and such officer feels that normal controls are not adequate, will initiate the procedures of sections 6-36--6-38.

(Ord. No. 02-12-26, 12-23-2002)

Sec. 6-40. Muzzling of animals.

Whenever a health authority shall have determined that there is danger of the existence or spread of rabies in the city, he or she shall make the facts known to the mayor in writing. The mayor, upon receipt of such facts, may, by proclamation, in the interest of public safety and general welfare of the citizenry, order all animals muzzled when off the premises of the owner. Forty-eight hours after the publication of the proclamation, all animals found off the premises of the owner unmuzzled shall be seized and impounded or may be immediately destroyed if all reasonable efforts to seize the animals fail. All animals seized and impounded shall be held for observation for ten days, and if the animal exhibits no sign of disease, such animal may be claimed by the owner or caretaker, who must pay the expenses incidental thereto. Any animal not claimed shall fall under the appropriate city ordinance.

(Code 1980, § 6-30; Ord. No. 02-12-18, 12-23-2002)

State law references: Confinement of animals in localities where rabies exists, SDCL § 40-12-1.

Sec. 6-41. Animals having bitten or attacked a person; impoundment, quarantine and observation; disposition.

(a)     Whenever any mammal, reptile, insect, bird, fish or amphibian bites or attacks a person, the individual who was attacked, as well as the person owning or taking care of the creature, shall immediately report such attack to the city police.

(b)     If in the opinion of the city police officer or animal control officer the creature may be considered dangerous/vicious, it may be impounded.

(c)     The owner of any creature which has contracted rabies, or which has been subjected to the same, or which is suspected of having rabies, or which shall have bitten any person, shall, upon the demand of any city police officer, animal control officer or health department officer, produce and surrender the creature for quarantine. If the creature has current rabies vaccination, it may be home-quarantined. If the owner or caretaker cannot prove that such creature has current rabies vaccination, it will be quarantined at the city animal shelter or such other place that can handle the creature's needs. The creature may also be housed at a veterinary hospital, if the owner desires and pays for such housing and makes all arrangements. This quarantine will be for a period of not less than ten days.

(d)     If examination of any creature shall prove it to be infected with any rabies, such creature shall be disposed of as directed by any city police officer, animal control officer or health department officer.

(e)     The owner of any creature so quarantined shall pay all costs and expenses incurred by the city during the quarantine period for maintenance of the creature, veterinary costs, and shipping and handling costs of any material sent for testing and disposal.

(Code 1980, § 6-36; Ord. No. 02-12-24, 12-23-2002)

State law references: Confinement of animals in localities where rabies exists, SDCL § 40-12-1.

Sec. 6-42. Pet waste.

(a)     No person shall allow any mammal, reptile, insect, bird or amphibian to defecate or urinate on any property in the city other than his own. If such a creature does defecate upon public or private property, the person owning or having possession, charge, custody or control of such creature shall immediately and thoroughly clean the fecal matter from such property.

(b)     Any person accompanied by any creature in 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. Service animals, animals used by law enforcement and animals used in parades are exempt from the provisions of this section.

(c)     No person will allow creature fecal matter to accumulate on his property. Any amount of fecal matter that is in excess of ten separate bowel movements will be considered a violation of this section. In addition any fecal matter that is producing a foul odor or attracting insects will be a violation of this section.

(Code 1980, § 6-37; Ord. No. 02-12-25, 12-23-2002)

Sec. 6-43. Kennels and animal breed operations.

(a)     The term "animal breeding operation" means anyone who, for profit, periodically breeds his animals and thusly has at least one female animal with young animals at least once a year.

(b)     Anyone operating a kennel or any type of animal breeding operation in the city will not allow it to become unclean or unwholesome, nor fail to provide for sufficient good, wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment.

(c)     Anyone operating a kennel or animal breeding operation will pay an annual license fee of $50.00 for any such operation within the city limits or any such area controlled by the city. This license will not be granted until the health officer or animal control officer has inspected the proposed operation. The kennel or animal breading operation will also be subject to periodic inspection by the health officer or animal control officer. This section will not apply to pet stores nor to hospitals, clinics and other premises operated by a licensed veterinarian for the care and treatment of animals.

(d)     Kennels or animal breeding operations that violate humane treatment, sanitary, or noise standards may be shut down by the health officer, animal control officer or any city police officer at any time. The animals may be taken to the city animal shelter for keeping, at the operator's expense, until the violations are resolved. The operator may be given five days to correct the deficiencies. If after that time the violations continue, the operator may be fined $55.00 a day. This may be avoided if the operator can show he has a plan to fix the problems within, in the officer's opinion, a reasonable amount of time and the animals will not suffer because of the delay. If the deficiencies are not resolved, or if the officer feels that there is no good faith effort to resolve the matter, he will confiscate the animals, if that has not already been done. The animals will then be disposed of in accordance with city ordinances, at the operator's expense.

(e)     If the operator wishes to appeal this action, he or she may apply to the city's animal review board in writing within two working days. The board will determine if there has been sufficient violation to justify confiscation. They may choose to accept a new correction plan and time frame; however, the animals will not be returned until such plan has been carried out.

(f)     The city and officer will not be held liable for any loss of income while these matters are resolved, nor, due to the high mortality rate in young animals, for the death of any creature involved in these actions.

(Ord. No. 02-12-26, 12-23-2002)

Sec. 6-44. Kennels required for certain number of dogs and cats.

No person in the city or any area controlled by the city may own more than six large dogs or ten cats without having a kennel license and an approved kennel. A mix of dogs and cats may not exceed ten animals total. For any other type of creature, the animal control officer or city police officer will be guided by advice of any local licensed veterinarian to determine the limit of creatures that one person can safely and humanly own without putting the creatures in danger or distress.

(Ord. No. 02-12-26, 12-23-2002)

Sec. 6-45. Guard dogs.

(a)     The following requirements and safeguards in this section have been determined to be necessary to protect the health and general welfare of the citizens of this city in the area of guard dogs used on commercial property. This section requires permits for the use of guard dogs on commercial property, and to establish regulations for the proper and safe use of guard dogs in protecting commercial property. A guard dog may be any breed of dog as long as the purpose in owning it is to protect commercial property. This section will also apply to any creature that is used for the protection of commercial property.

(b)     Permit. 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 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, such transfers shall not be effective until the animal control officer, or his 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 designee, for the permit transfers.

(c)     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.

(5)     Any other information that the animal control officer, or his designee, deems necessary by rule and regulation. Permit holders shall notify the animal control officer, or his 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.

(d)     The animal control officer, or his 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.

(e)     If the inspection reveals that the requirements of this article are met, a fee of $100.00 shall be paid and a guard dog license and special guard dog identification tags for the approved commercial property shall be issued by the city. 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 for ordinary domestic dogs.

(f)     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 of 100.00.

(g)     The guard dog permit must be obtained prior to housing or utilizing guard dogs at the commercial property.

(h)     Whenever there is a guard dog on the premises, the standards of this section in addition to the other requirements of this article shall be complied with.

(1)     Housing must have anti-escape fences completely surrounding it or be an anti-escape building sufficient to house guard dogs.

(2)     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.

(3)     Where guard dogs are used outside buildings, the area must be enclosed by a least a six-foot chainlink 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.

(4)     In order to control noise, the animal control officer may require a sight barrier, which breaks the dog's line of sight.

(5)     In buildings where the guard dogs are used, exterior glass must be adequate to prevent the dog from jumping through it. The animal control officer may require additional protective measures.

(6)     The building and yard in which a guard dog is used must be posted with guard dog signs, approved by the animal control officer, that shall not be more than 200 feet apart, and shall be at all property corners and at every entrance into the area.

(7)     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.

(8)     A handler is required to be physically present while guard dogs are being utilized at temporary sites which do not comply with this section.

(9)     All guard dogs will be leashed and muzzled when on a public street.

(10)     Liability insurance in the amount of $250,000.00 will be carried by the owner/handler on the guard dogs.

(i)     In case of a guard dog escaping from his handler or authorized enclosure, it will be treated by the city police or animal control officer as a dangerous/vicious animal. The city or any police office or animal control officer will not be held liable for any injury or death to the guard dog resulting from attempts to capture or contain a guard dog.

(j)     Guard dogs will be kept in humane sanitary conditions as set forth in this chapter.

(k)     Dogs that are used as private guard dogs on the property of their owner's private residence shall be excluded from the provisions of this article, unless the residence is located on premises utilized for commercial purposes.

(Ord. No. 02-12-26, 12-23-2002)

Secs. 6-46--6-55. Reserved.

DIVISION 2. DOG OR CAT LICENSE

Sec. 6-56. Required for dogs and cats, etc.

It shall be unlawful for any person within the city to keep, maintain or have in his custody or under his control any dog or animals of the dog kind, or any cat or animals of the cat family, without first having obtained a license so to do from the city finance officer, as provided in this division, and without having paid the license fee therefor.

(Code 1980, § 6-50)

Sec. 6-57. Exceptions.

(a)     The licensing provisions of this division shall not apply to dogs and cats where the owners are nonresidents temporarily within the city, nor to service dogs for persons who are totally or partially disabled, totally or partially blind or totally or partially deaf, when such dogs are actually kept for use by such persons for the purpose of aiding them in going from place to place.

(b)     Any person having reached his 60th birthday may receive a dog or cat license without cost upon meeting all other qualifications required by this article. Only one such license shall be issued per household.

(Code 1980, § 6-49)

Sec. 6-58. Application.

Any person desiring to keep, maintain or have in his custody or control by himself or agent within the city, any dog or cat, shall within 30 days upon owning or taking into their possession such dog or cat, make application to the city finance office for a license to keep such dog or cat. Such application shall be in writing stating the name, sex, color and breed and other distinguishing characteristics of such animal and the name of the owner thereof. As to dogs, applications shall state whether or not the dog has any vicious propensities so far as known to such applicant. Each application shall be made on a printed form furnished by the city finance office and shall be filed with the city finance office.

(Code 1980, § 6-51)

Sec. 6-59. Fee, tag.

An applicant for a dog or cat license shall at the time of making an application pay to the city finance officer a license fee as provided by resolution of the city commission for each (neutered or sterilized dog or cat) castrated male dog or cat or spayed female dog or cat and a fee as provided by resolution of the city commission for each (unneutered or unsterilized dog or cat) uncastrated male dog or cat or unspayed female dog or cat, and it shall be the duty of the city finance officer, at the time of the issuance of the license provided for in this article, to furnish and deliver to such applicant a metallic tag for each dog and cat for which such license is issued, upon which tag will be stamped or engraved the registered number of the dog or cat and the year when registered, and it shall then be the duty of the owner of the dog or cat to place a collar around the neck of such dog or cat so owned or kept by him, on which collar will be securely fastened a metallic tag so furnished by the city finance officer; provided that in case of the loss of any tag so issued, the city finance officer is authorized to issue a duplicate thereof upon payment of the actual cost of the tag upon application being made therefor and upon satisfactory proof that such tag has been lost.

(Code 1980, § 6-52)

Sec. 6-60. Certificate of inoculation.

In addition to the payment of a license fee as set forth in this division, the applicant shall exhibit to the city finance officer a certificate by a registered veterinarian showing that his dog or cat has been inoculated against rabies and that such inoculation will be effective during the period for which the dog or cat is licensed.

(Code 1980, § 6-53)

Sec. 6-61. Expiration.

All dog or cat licenses shall expire 12 months from the date filing the granting thereof and shall be renewed prior to expiration by the payment of the license fee as provided by section 6-59. If the license is renewed after the expiration of the existing license and the renewal occurs more than 30 days after the license had expired, the applicant, in addition to the payment of the regular dog or cat license fee, shall pay an additional fee as provided by resolution of the city commission.

(Code 1980, § 6-55)

Secs. 6-62--6-80. Reserved.

DIVISION 3. IMPOUNDMENT*

__________

*State law references: Power of city to establish pounds, appoint poundmasters and regulate the impounding of animals, SDCL § 9-29-12.

__________

Sec. 6-81. Taking up animals at large generally.

It shall be lawful for any person to restrain and take up any creature found running at large contrary to the provisions of this article 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 like manner, as if the same had been taken by him or under his authority.

(Code 1980, § 6-31; Ord. No. 02-12-19, 12-23-2002)

Sec. 6-82. Impoundment by police.

The chief of police is hereby authorized to employ, whenever he deems it necessary, a sufficient number of persons to capture and convey to the city animal control shelter, and care for, and, if necessary, euthanize and dispose of in the manner provided in this article, any creature found running at large contrary to the provisions of this article. All creatures captured and conveyed to the city animal control shelter 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 provided in this division.

(Code 1980, § 6-32; Ord. No. 02-12-20, 12-23-2002)

Sec. 6-83. Redemption of animal from shelter.

When the owner or claimant of any creature impounded shall desire to redeem any creature at the city animal control shelter, such creature may be released upon the payment to the person in charge of such city animal control shelter, the sum of twenty five dollars ($25.00) for the first time said creature is impounded; the sum of thirty dollars ($30.00) the second time the same creature is impounded; and the sum of thirty-five dollars ($35.00) for all subsequent times said creature is impounded, plus the cost of keeping said creature at the rate of five dollars ($5.00) per day; and the person in charge of said city animal control shelter shall thereupon release such creature to such owner or claimant. All fees to be remitted by said person to the city finance office monthly.

(Code 1980, § 6-33; Ord. No. 02-12-21, 12-23-2002)

Sec. 6-84. Sale of impounded animals.

It shall be the duty of the person in charge of the city animal control shelter, before destroying any creature under the provisions of this division, to sell such dog or cat at a private sale to any person who is willing to pay a sum sufficient to reimburse the city for all expenses of keeping such creature and the fees provided in this division.

(Code 1980, § 6-34; Ord. No. 02-12-22, 12-23-2002)

Sec. 6-85. Destruction of unclaimed animals.

At the expiration of 48 hours from the date of impounding a creature, if the owner or claimant thereof shall fail or refuse to comply with the provision of this division for the release of such creature, it shall be the duty of the person in charge of the city animal control shelter to euthanize such creature and cause it to be removed and properly buried or otherwise disposed of in a sanitary manner. If the creature has been properly licensed with the city, a good faith effort will be made to contact the owner before the provisions of this section will take effect.

(Code 1980, § 6-35; Ord. No. 02-12-23, 12-23-2002)

Secs. 6-86--6-110. Reserved.

ARTICLE III. STOCKYARDS, FEEDING LOTS

Sec. 6-111. Feed lots.

It shall be unlawful for any person to keep or maintain within the limits of the city any yards, pens, sheds or buildings wherein any cattle, horses, sheep or swine are collected or kept for the purpose of loading or shipment by railway or other means of transportation, and it shall be unlawful for any person to collect, keep or feed any cattle, sheep or swine within such yards, pens, sheds or buildings except as may be provided by appendix A, the zoning ordinance, or any amendment thereto.

(Code 1980, § 6-72)

Sec. 6-112. Nuisance.

The keeping or maintaining within the limits of the city of any yards, pens, sheds or buildings wherein any cattle, horses, sheep or swine are collected or kept for the purpose of loading or shipment by railway or other means of transportation except as expressly permitted by the zoning ordinance of the city is hereby declared to be a nuisance.

(Code 1980, § 6-73)

Cross references: Nuisances, § 16-61 et seq.

State law references: Power of city to declare what shall constitute a nuisance and to prevent, abate and remove the same, SDCL § 9-29-13.

Sec. 6-113. Keeping of hogs.

No person shall place, keep or maintain any live hogs within the city, excepting such hogs as are kept in the yards or pens of the railway companies for shipping purposes, or in pens, houses or yards of the stockyards, packinghouses or butcher shops and kept for the purpose of immediate shipment or slaughter.

(Code 1980, § 6-74)

Sec. 6-114. Manure removal--Required.

The owner or any person occupying or using any private barn or stable or yard in the city, in which one or more horses or cows are kept shall thoroughly clean up and remove from the premises on which such barn or stable is located all of the manure and refuse from such barn or stable once in every week, except as in this chapter provided.

(Code 1980, § 6-75)

Sec. 6-115. Same--Penalty.

No person shall violate the provisions of section 6-114, and if any owner or person occupying, using or keeping any barn or stable in the city in which horses or cows are kept, shall allow the manure and refuse from such stable or barn to remain upon the premises where such stable or barn is located for a longer period than is by section 6-114 allowed, the commissioner of streets and public property or the chief of police may cause the manure to be removed at the expense of the city, and if the owner or occupant of the premises fails to repay the expense to the city, the city shall have the right to recover the expense of such removal from the owner or person occupying, using or keeping such barn or stable; provided, however, that the removal of such manure or refuse under the direction of the commissioner of streets and public property or the chief of police, or the subsequent payment of the expense thereof by the owner or occupant of such barn or stable, shall not relieve the owner or occupant of the premises from the penalty provided in section 1-7 of this Code for the violation of the provisions of section 6-114.

(Code 1980, § 6-76)

Secs. 6-116--6-150. Reserved.

ARTICLE IV. ANIMAL CRUELTY

Sec. 6-151. Cruelty generally.

(a)     No person shall beat, torture or injure any domestic creature in the city, be it mammal, reptile, insect, bird, fish or amphibian, nor overload any working creature, be it mammal, reptile, insect, avian, fish, or amphibian, nor shall any person willfully or negligently maltreat or abuse or treat or neglect in a cruel or inhumane manner any such creature.

(b)     No owner may fail to provide for his creature sufficient good, wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment.

(c)     If shelter with a chain is used for any creature kept outdoors, the chain shall be so placed or attached so that it cannot become entangled with the chains of any other creature or other objects. Such chains shall be at least three times the length of the creature as measured from the tip of its nose to the end of its hindquarters and shall allow the creature convenient access to shelter. The size of the chain shall not be such as to weight the creature down or pull excessively on the neck.

(d)     Creatures shall be fed at least once each day, except as otherwise required to provide adequate veterinary care. The food shall be free from contamination, wholesome, palatable, and in sufficient quantity providing enough nutritive value to meet the normal daily requirements for the condition and size of the creature.

(e)     Excreta shall be removed from primary enclosures as often as necessary to prevent contamination and to reduce disease hazards and odors. Primary enclosures include yards, sheds, garages, outbuildings, homes, apartments, kennels, cages, any temporary accommodations, such as boxes, or any area where the creature customarily spends time.

(f)     If any discovery of violations of this article are made by any health officer, animal control officer, or city police officer, whether a summons is issued or not, that officer may set up, or cause to have set up, a reasonable inspection schedule to ensure that any violations have been fixed and any abuse has stopped. A reasonable inspection schedule will be determined by the severity of the violation. A summons may be issued after every inspection if the violation has not been corrected.

(g)     If, in the judgment of the health officer, animal control officer, or city police officer, the violation of this article is such that it places the creature in immediate jeopardy of its life, that officer shall have the power to lawfully enter the premises where the creature is kept and demand to examine such creature. The officer may remove the creature, obtain medical care for it and then shelter it at the city animal shelter or such place that will provide adequate care for it, until its health is regained and its legal status is decided. All such expenses for these remedies will be the responsibility of the creature's owner or care provider.

(Code 1980, § 6-7; Ord. No. 02-12-09, 12-23-2002)

Sec. 6-152. Animals left in vehicles.

No person owning or having possession, charge, custody or control of any mammal, reptile, insect, bird, fish or amphibian may leave that creature unattended in a standing or parked vehicle in the city in such a manner that endangers the health or safety of such creature. If in the judgment of the city police officer or animal control officer the creature is in immediate jeopardy of its life, that officer may use whatever force is necessary to open that vehicle to rescue such creature. The officer may remove the creature, obtain medical care for it and then shelter it at the city animal shelter or such place that will provide adequate care for it, until its health is regained and its legal status is decided. All such expenses for these remedies will be the responsibility of the creature's owner or care provider. No such officer may be held civilly or criminally liable for any damage or loss resulting in the removal of such creature from a vehicle.

(Ord. No. 02-12-26, 12-23-2002)

Sec. 6-153. Transportation of animals.

Any mammal, reptile, insect, bird, fish, or amphibian being transported within the city or any area controlled by the city will be done in a safe and humane manner. Any transportation method must allow for the safe and unencumbered driving of the transporting vehicle.

(Ord. No. 02-12-26, 12-23-2002)

Sec. 6-154. Striking with vehicle.

Any person who, as the operator of a motor vehicle or nonmotorized vehicle, strikes a domestic mammal, within the city, shall stop at once and report the accident to the appropriate law enforcement agency. That person will remain at the scene of the accident until released by the city police officer or animal control officer.

(Ord. No. 02-12-26, 12-23-2002)

Sec. 6-155. Animal fights.

No person may keep or cause to be kept any place in the city where any creatures are suffered to fight upon exhibition or for sport for wager. Any person who owns or controls such creature will be liable to the laws for cruelty to animals.

(Ord. No. 02-12-26, 12-23-2002)

Sec. 6-156. Teasing.

No person may tease, molest, bait or in any way bother any mammal, reptile, insect, bird, fish, or amphibians in the city not belonging to him or not legally under his control.

(Ord. No. 02-12-26, 12-23-2002)

Sec. 6-157. Trapping of animals.

No person without permission of the city police department shall set, allow to be set, or use any trap for the purpose of catching any mammal, reptile, insect, bird, fish or amphibian, which trap could injure or kill any such creature, except rodent traps in the interior of a building, licensed fishing in designated areas and except by persons employed by or agents of the city parks, recreation and forestry department for purposes of the city's health and welfare.

(Ord. No. 02-12-26, 12-23-2002)

Sec. 6-158. Poisoning.

Unless authorized by the city authority or for the indoor use of prepackaged commercial mouse and rat poison in a personal residence for the exclusive purpose of controlling rodents, it shall be unlawful for any person to willfully or maliciously administer or cause to be administered poison of any sort whatsoever to any creature, domestic or wild, or to willfully or maliciously place any poison or poisoned food where such poison is accessible to any creature. This prohibition applies equally to creatures a person owns as well as creatures owned by others or creatures without owners.

(Ord. No. 02-12-26, 12-23-2002)

Sioux Falls South Dakota

Revised Ordinances City of Sioux Falls, South Dakota

Chapter 7 ANIMALS AND FOWL*

__________

*Cross references: Health and sanitation, ch. 19; rendering of animal matter, § 19-8; examples of nuisances, § 19-50; diseases of animals, § 19-95; licenses, ch. 23; noise control, ch. 25 1/2; protection of animals in parks, § 27-12 et seq.; pest control, ch. 31; application of traffic regulations to persons riding animals, § 40-25; duty of driver of vehicle upon striking animal, § 40-63; animal used to pull livery vehicles, § 43-15.

__________

Article I. In General

Sec. 7-1. Definitions.

Sec. 7-2. Running at large prohibited.

Sec. 7-3. Vicious animals.

Sec. 7-4. Disturbing the peace.

Sec. 7-5. Cruelty to animals; right of entry.

Sec. 7-6. Stray, abandoned or unkept animals.

Sec. 7-7. Poisoning.

Sec. 7-8. Keeping of animals.

Sec. 7-9. Responsibility.

Sec. 7-10. Abandoning of animal.

Sec. 7-11. Enforcement.

Sec. 7-12. Failure to comply with warning ticket.

Sec. 7-13. Trapping of animals.

Sec. 7-14. Hunting prohibited.

Sec. 7-15. Number of pets limited.

Secs. 7-16--7-19. Reserved.

Article II. Rabies Control

Sec. 7-20. Cooperation of health authority.

Sec. 7-21. Vaccination required.

Sec. 7-22. Impounded animals.

Sec. 7-23. Monthly report of vaccinations.

Sec. 7-24. Impounding for observation.

Sec. 7-25. Keeping rabid animals.

Sec. 7-26. Report of suspected cases--Generally.

Sec. 7-27. Same--Veterinarians.

Sec. 7-28. Same--Physicians.

Sec. 7-29. Destruction of rabid animals.

Sec. 7-30. Muzzling proclamation.

Secs. 7-31--7-40. Reserved.

Article III. Impounding

Sec. 7-41. Enforcement.

Sec. 7-42. Interference with performance of duties.

Sec. 7-43. Animal shelter.

Sec. 7-44. Authority.

Sec. 7-45. Costs.

Sec. 7-46. Notice to owner.

Sec. 7-47. Redemption by person other than owner.

Sec. 7-48. Disposition of unredeemed animals.

Sec. 7-49. Impounding by private persons.

Sec. 7-50. Records generally.

Sec. 7-51. Record of bites.

Sec. 7-52. Injured animals.

Sec. 7-53. Each violation a separate offense.

Secs. 7-54--7-59. Reserved.

Article IV. Licensing

Sec. 7-60. Licensing of dogs and cats required.

Sec. 7-61. Application for license certificate and tag.

Sec. 7-62. License fee schedule.

Secs. 7-63--7-79. Reserved.

Article V. Guard Dogs

Sec. 7-80. Permits--Required.

Sec. 7-81. Same--Application; transfers; inspections; fee; tags; term.

Sec. 7-82. Housing, facilities and handling.

Sec. 7-83. Exclusions.

ARTICLE I. IN GENERAL

Sec. 7-1. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Animal control officer means the person designated by the commission to be responsible for the care and maintenance of the animal shelter and to work with other law enforcement officials in the enforcement of this chapter.

Animal shelter means a building and facilities therein approved by the city council and the health authority for the impounding of animals.

Anti-escape means any housing, fencing or device which a guard dog cannot go over, under, through or around.

At large means:

(1)     An animal when off or away from the premises and not under the control of the owner, possessor, keeper, agent, servant, or a member of his immediate family by a leash.

(2)     An animal when on the premises of the owner, possessor, keeper, agent, or servant if not attended by a competent person unless the animal is chained, restrained, enclosed, or confined in a manner preventing it from leaving the premises.

Commercial property means:

(1)     A portion of land or building zoned for or utilized for commercial or business uses, within the city, including temporary sites.

(2)     Any vehicle utilized for commercial or business purposes within the city.

Guard dog means any dog that is utilized to protect commercial property, or is housed unattended on commercial property at any time other than normal business hours, except that such definition shall not apply to pet stores, boarding kennels, veterinary offices, and animal shelters.

Handler means a person who is responsible for and capable of controlling the operations of a guard dog.

Health authority means the health officer of the city or his authorized representative.

Housing means any location where the guard dog is kept when not being utilized for protection purposes.

Leash means a cord, thong, or chain, not to exceed six feet in length, by which an animal is controlled by the person accompanying it.

Owner means any person harboring or keeping an animal and who is the head of the household of the residence or the owner or manager in charge of the establishment or premises at which an animal remains or returns to.

(Ord. No. 21-75, § 2, 4-7-75; Ord. No. 12-80, §§ 1, 2, 3-3-80; Ord. No. 78-86, § 1, 8-25-86)

Cross references: Definitions and rules of construction generally, § 1-2.

Sec. 7-2. Running at large prohibited.

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 under his or their control to be at large and to go in or upon the private premises of others or upon any public property.

(Ord. No. 21-75, § 2, 4-7-75; Ord. No. 40-03, § 1, 5-12-03)

State law references: Power to regulate or prohibit the running at large of animals, SDCL 9-29-12.

Sec. 7-3. Vicious animals.

(a)     An animal may be declared to be vicious by the health authority, or the attending physician of the victim of an animal bite or scratch may request such 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 grounds or places; or

(2)     An animal which, on private property, in a vicious or terrifying manner, approaches in an apparent attitude of attack, or bites, or inflicts injury, or otherwise attacks a mailman, meter reader, serviceman, journeyman, delivery man, or other employed person, or other animal who is on private property by reason of permission of the owner or occupant of such property or who is on private property by reason of a course of dealing with the owner of such private property.

(3)     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 health authority declares an animal to be vicious, the chief animal control officer shall notify the owner of such declaration in writing that such animal must be registered as a vicious animal within five business days after the receipt of such written notice. Said notice shall be served either in person or by mailing such notice by certified mail.

(c)     The owner of an animal that has been declared vicious shall make application to the animal control office to register such vicious 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.

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 six feet 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 two inches, in the case of a wooden fence the gaps shall not be more than two inches.

b.     Any gates within such pen or structure shall be lockable and of such 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.

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 to be reported to animal control.

(6)     A universal sign denoting a vicious 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.

(7)     The owner shall carry $100,000.00 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 such 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.

(9)     The owner shall present proof the animal has been altered to prevent reproduction to animal control.

(d)     The vicious animal shall be impounded by animal control at the owner's expense until such time as all provisions of subsection (c) are complied with.

(e)     If the conditions in subsection (c) are not complied with, the animal shall be euthanized in a humane manner and proof of euthanasia filed with the Sioux Falls Animal Control.

(f)     Any vicious animal found off the premises of its owner, other than provided for in 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. If the animal has been running at large, or bites a person, or bites another animal, the 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 such means as is necessary to impound the animal.

(Ord. No. 21-75, § 2, 4-7-75; Ord. No. 78-86, § 2, 8-25-86; Ord. No. 124-95, § 1, 9-18-95)

State law references: Vicious dogs, SDCL 40-34-13 et seq.

Sec. 7-4. Disturbing the peace.

(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 such 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.

(Ord. No. 21-75, § 2, 4-7-75; Ord. No. 78-86, § 3, 8-25-86)

Sec. 7-5. Cruelty to animals; right of entry.

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 such animal and to take possession of such animal, when in his opinion, the animal requires humane treatment.

(Ord. No. 21-75, § 2, 4-7-75; Ord. No. 78-86, § 4, 8-25-86)

State law references: Municipal authority to prohibit and punish cruelty to animals, SDCL 9-29-11; cruelty to animals, SDCL ch. 40-1.

Sec. 7-6. Stray, abandoned or unkept animals.

No person shall harbor or keep any stray animals. Animals known to be strays shall be immediately reported to the animal control officer.

(Ord. No. 21-75, § 2, 4-7-75)

Sec. 7-7. Poisoning.

Unless recommended by the health authority, it shall be unlawful for any person to wilfully or maliciously administer or cause to be administered poison of any sort whatsoever to any animal, the property of another, with the intent to injure or destroy such animal, or to wilfully or maliciously place any poison or poisoned food where such is accessible to any such animal.

(Ord. No. 21-75, § 2, 4-7-75)

Sec. 7-8. Keeping of animals.

(a)     The keeping of animals on any personal land in the city shall not be on a scale creating a nuisance. This prohibition includes the domestic fowl of the order Galliformes and Gallinaceous birds (fowl-like birds), and the order Anseriformes (water fowl).

(b)     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 cats, or venomous snakes.

(c)     Nothing in this section shall be deemed to prohibit the keeping of (Felis catus) the domestic cat, (Mustela putorius foro) the European polecat otherwise known as the ferret, or (Canis familiaris) the domestic dog, as long as license or permit procedures are followed.

(Ord. No. 21-75, § 2, 4-7-75; Ord. No. 22-80, § 1, 3-31-80; Ord. No. 122-95, § 1, 9-18-95)

Sec. 7-9. Responsibility.

(a)     No person shall create or maintain any condition or operate any equipment or keep any animal, fowl, pet, or insect under his jurisdiction in such a way that such 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 own. If such animal does defecate upon public or private property, the owner, keeper, caretaker, or attendant must immediately and thoroughly clean the fecal matter from such property.

(d)     Anyone walking an animal on public or private property other than his own must carry with him 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 subsection.

(Ord. No. 21-75, § 2, 4-7-75; Ord. No. 121-95, § 1, 9-18-95)

Sec. 7-10. Abandoning of animal.

No person shall abandon an animal in the city.

(Ord. No. 21-75, § 2, 4-7-75)

Sec. 7-11. Enforcement.

The animal control officer is authorized to enforce all the provisions of this chapter and may issue citations for violations of any section or may issue warning tickets requiring correction of a violation.

(Ord. No. 101-80, 10-27-80)

Sec. 7-12. Failure to comply with warning ticket.

It is unlawful for any person to fail or refuse to comply with the provisions or requirements of a warning ticket lawfully issued under this chapter.

(Ord. No. 101-80, 10-27-80)

Sec. 7-13. Trapping of animals.

No person without permission of the city health department shall set, allow to be set, or use any trap for the purpose of catching any animal, which trap could injure or kill any animal, except rodent traps in the interior of a building, and except by persons employed by or agents of the city health department or city parks, recreation and forestry department for purposes of the city's health and welfare.

(Ord. No. 68-84, § 1, 4-16-84)

Sec. 7-14. Hunting prohibited.

No person shall hunt game in the city. Game means any wild bird or animal hunted for sport or for use as food. Hunt means to pursue game while in possession of a firearm or weapon for sport, food, or to kill. This section does not apply to peace officers or city animal control officers in the discharge of their official duties.

(Ord. No. 32-91, § 1(7-14), 4-1-91)

Sec. 7-15. Number of pets limited.

It is unlawful for any person to have or to keep more than four domestic pets over the age of six months, except birds and fish, on any lot or premises in the city, unless such person residing on or in the lot or premises has a valid kennel license issued by the city. The city humane society, veterinarian offices, and retail pet stores are exempt from the provisions of this section.

Secs. 7-16--7-19. Reserved.

ARTICLE II. RABIES CONTROL*

__________

*Cross references: Health and sanitation, ch. 19.

__________

Sec. 7-20. Cooperation of health authority.

The health authority shall cooperate with the state department of health, the state livestock sanitary board, the U.S. Fish and Wildlife Service, the U.S. Public Health Service, the U.S. Department of Agriculture, state and local veterinary associations and any other county, state or federal agency concerned with the control of rabies, in a combined effort to reduce rabies in wildlife and domestic animals. The health authority shall institute such additional measures for the control of rabies as may be deemed necessary by the board of health and the city council.

(Ord. No. 21-75, § 2, 4-7-75)

Sec. 7-21. Vaccination required.

(a)     Every dog, cat or other animal susceptible to rabies, held as a domestic pet in the city, six months of age or older, is hereby required to be vaccinated against rabies by a licensed veterinarian or other qualified person designated by the health authority. Vaccination against rabies shall be given at such intervals as designated by the board of health by resolution.

(b)     Any owner acquiring a dog, cat or other animal by purchase, gift, birth or otherwise shall have such animal vaccinated against rabies within one month following acquisition or when the animal reaches the age of six months.

(Ord. No. 21-75, § 2, 4-7-75)

Sec. 7-22. Impounded animals.

Any impounded animal shall not be released by the animal control officer to any person until such animal has been vaccinated against rabies; provided, however, no animal so impounded shall be vaccinated if the owner can present a certificate of a current vaccination.

(Ord. No. 21-75, § 2, 4-7-75)

Sec. 7-23. Monthly report of vaccinations.

All veterinarians and other qualified persons vaccinating dogs or cats for rabies immunization shall monthly report all such vaccinations to the animal control center.

(Ord. No. 21-75, § 2, 4-7-75)

Sec. 7-24. Impounding for observation.

(a)     When any person owning or