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Article 1 – General
Regulations Section
11.1.01
Injury to Animals No person shall in the City cruelly or immoderately beat, maim, wound, torture, or injure any horse, mule, cow, or other animal whether it belongs to himself or to another; nor shall any person carry in or upon any vehicle or otherwise in a cruel and inhuman manner any animal. It shall be unlawful for any person to willfully or negligently maltreat any domestic animal by exposure to heat or cold, by deprivation from food or water for more than twelve (12) hours, by leaving hitched in the open air during cold weather or during storms or in the night time, or by willfully abandoning to die any sick or disabled animal. Any police officer shall take charge of any such animal and cause the same to be taken care of and the charges therefore shall be alien on said animal and a legal charge against the owner thereof, and such action by any police officer shall not exempt the owner or person in charge of such animal from punishment for such offense.
Section
11.1.02
Domestic Fowls At-Large No person
shall allow any ducks, geese, chickens or other domestic fowls to run at large
in the City. No person shall
enclose or house any ducks, geese, chickens, or other domestic fowls in any
house, pen, coup, enclosure or other building situated within a distance of
twenty-five (25) feet of any dwelling house, store, or other building used as a
residence of any person, or within twenty-five (25) feet of any church, school,
or other public building.
Section
11.1.03
Animals At-Large It shall be
unlawful for any person to permit or suffer any horses, cattle, swine, sheep,
goats, or other animals to run at large in the City.
Article 2 – Dogs Section
11.2.01
Licensing Procedure for Dogs No dog shall
be kept in the City unless the owner, keeper, or harbored thereof shall on or
before the first day of May of each year present to the City Finance Officer a
certificate, by a duly licensed veterinarian of the State of South Dakota,
showing said dog to have been vaccinated for rabies within ten (10) days of the
application for license and pay to the City Finance Officer, for the City, the
sum of two (2) dollars for each male or spayed female and five dollars for each
female dog, not spayed and give a description of such dog to the City Finance
Officer who shall register the same in a book to be kept for that purpose, and
the City Finance Officer shall, after entering such description, furnish such
owner or keeper of the dog or dogs with a metal plate or plates upon which the
registered number of each dog and the year for which the tax is paid, shall be
inscribed in plain figures; and the owner or keeper of dogs shall place and keep
upon the neck of such dogs a substantial collar having such metal plate or tab
affixed thereto and any dog not vicious or dangerous on which such license or
tax is paid, and which is wearing a collar with the license plate affixed as
aforesaid may run at large on and street, alley, or public grounds in this City,
providing such dog or dogs do not become a nuisance or damage private or public
property.
Section
11.2.02
Possession of Dog(s) Any person
becoming the owner or in possession of any such dog after the first day of May
or any year shall pay said license within fifteen (15) days after becoming the
owner or in possession of such dog. If
person becomes such owner or in possession of such dog after July 1st,
he shall be required to pay only one half (˝) of such license or tax for that
year.
Section
11.2.03
Exceptions Sections
11.2.01 and 11.2.02 here of do not apply to dogs under six (6) months of age.
Section
11.2.04
Dog(s) Running At Large It is
unlawful for any person to have any dog owned, controlled, or harbored by person
to run at large on the streets, alleys, or property of any other persons within
the corporate limits.
Section
11.2.05
Control of Dog on Own Property Any person
owning, controlling or harboring any dog within the corporate limits shall keep
the dog tied, leashed, or otherwise controlled upon the property of person
owning, controlling, or harboring said dog so that said dog cannot run at large
off of property of persons. By
"at large," it is intended to mean off the premises of the owner or a
member of his immediate family over the age of twelve (12), either by leash,
cord, chain, or otherwise.
Section
11.2.06
Control of Dog(s) while off Owner’s Premises It shall be
unlawful for any person owning, harboring, or controlling any dog within the
corporate limits to have said dog off the premises of said persons without said
animal being held in leash and accompanied by said persons of their authorized
representative and said dog shall be absolutely held in leash by a person over
the age of twelve (12) years at any time said dog is allowed off said premises.
A leash is a cord, thong, or chain not more than ten (10) feet in length
of sufficient strength to control said dog.
A dog in an automobile shall be deemed on the owner's property.
Section 11.2.07 Enforcement It shall be
the duty of any police officer of the City to keep this Article enforced and if
any dog is found running at large within the corporate limits in violation of
any of the above Sections, the police officers are hereby charged with the duty
to pick up said dog which is in violation of this Article and hold said dog for
a period not to exceed seven (7)
days. If said dog is not claimed by
the person owning, controlling, or harboring said dog within said seven (7) day
period, said police officers or their designated agent shall immediately destroy
said dog in a humane manner.
Section
11.2.08
Claiming of Dog(s) In the event
a dog is claimed as provided for in the preceding Section 11.2.07, said person
owning, controlling, or harboring the dog shall pay the sum of three (3) dollars
per day, or a fraction thereof, to the City for the cost of keeping said animal.
Section
11.2.09
Impounding of Dog(s) No dog of
fierce, dangerous, or vicious propensities, and no female dog in heat, whether
licensed or not, shall run at large or upon the premises of any person other
than the owner. If any such animal
is found running at large, it shall be taken up and impounded and shall not be
released except on the approval of the Chief of Police after payment of the fees
provided in Section 11.2.08. Provided,
however, that if any dangerous, fierce, or vicious dog so found at large can not
safely be taken up and impounded such dog may be immediately slain by any police
officer. A dog is declared to be
fierce, dangerous, and vicious within the meaning of this Section when it shall
have bitten any person or when the propensity to attack or bite human beings
shall exist and is known or ought reasonably to be known to the owner or any
member of the owner's family over sixteen (16) years of age.
Section
11.2.10
Vaccination of Dog(s) All animals
which may be immunized by rabies shots and located within the corporate limits
or within one (1) mile of the corporate limits, must be so vaccinated for rabies
and such vaccination must be current. In
the event that any animal is picked up in violation of any of the provisions of
this Section and shall be found to not have been vaccinated for rabies shall be
held for a period of not less than fourteen (14) days and then destroyed.
Section
11.2.11
Animals Infected with Rabies Any person
who shall suspect that any animal in the City is infected with rabies or
hydrophobia, shall report such to the police of health authorities, describing
the animal and giving the name of the owner, if known.
If, upon examination by the health
authorities, the dog shall prove in fact to be infected with said disease, the
animal may be killed. When the
health authorities have determined that an animal found in the City is infected
with rabies or hydrophobia, the Mayor may, upon written advice from the health
authorities that the public safety and general welfare require it, order by
proclamation that all animals be muzzled when off the premises of the owner, and
that all unmanned animals when found off the premises of the owner be
immediately seized and impounded, and may further order that, after the
proclamation has been published for forty-eight (48) hours, either by posting or
printing in a newspaper of general circulation in the City, all animals found
off the premises of the owner unmuzzled shall be seized, impounded, and killed,
except that an officer may immediately kill any such unmuzzled animal, if with
reasonable effort it cannot be first seized or impounded.
All animals seized and impounded during the first forty-eight (48) hours
after the publishing of any such proclamation, shall, if claimed within fourteen
(14) days, be returned to the owner thereof without any impounding charge or
cost, if not infected with hydrophobia or rabies, or any animal known to have
been bitten by an animal known to be infected with rabies or hydrophobia.
Section
11.2.12
Disturbance of Peace The owner of
any animal shall not suffer or allow the same to disturb the peace and quiet of
the City.
Section
11.2.13
Public Pound The Council
shall establish and maintain a public pound upon property owned by the City.
Such public pound shall be under the charge and direction of the Chief of
Police.
Section
11.2.14
Fierce, Dangerous, or Vicious Dogs A.
The term "fierce, dangerous or vicious dog" as used in this
Article shall include certain breeds of dogs that, by their unique hereditary
characteristics, have a propensity to be vicious. These breeds include the Bull Terrier, American Stafford shire
Bull Terrier, and American Pit Bull Terrier.
B.
No person can harbor, keep, or possess within the City limits any fierce,
dangerous or vicious dog, including the breeds of dogs described in above.
Article 3 – Cats Section
11.3.01
Number of Cats Any person
who shall keep, own, or harbor more than three adult cats within the corporate
limits shall be guilty of creating a nuisance.
Section
11.3.02
Nuisance The keeping,
owning, or harboring more than three (3) adult cats within the corporate limits
shall constitute and is hereby declared to be a nuisance.
Section
11.3.03
Exceptions to Provisions Any licensed
veterinarian or kennel doing business within the said corporate limits shall be
excepted and excluded from the provisions of this Article.
Article 4 – Livestock Section
11.4.01
Animals within City Limits It shall be
unlawful for any person to keep or maintain within the district hereinafter
described, in and around the City, unless the regulations hereinafter prescribed
are strictly followed, any pen, building, yard, shed, or enclosure, wherein any
cattle, horses, sheep, or swine are
collected, kept or fed by the owner, lessee or occupant of any property therein.
Section
11.4.02
Keeping or/and Feeding of Animals in City Limits It shall be
unlawful for any person to collect, keep or feed, any cattle, horses, sheep or
swine within any pen, building, yard, shed or enclosure within said district
unless the regulations hereinafter prescribed are strictly complied with.
Section
11.4.03
Incorporated District Limits Said district
shall comprise all of that part of the incorporated limits of the City and all
areas within one mile of the corporate limits.
Section
11.4.04
Description of Enclosures All pens,
buildings, yards, sheds, or enclosures as hereinbefore described and included
within the hereinbefore described district shall be maintained in such a manner
that no offensive or nauseous odor shall emit from the same.
Section
11.4.05
Penalty Any person
violating any of the provisions of this Article shall upon conviction thereof be
fined pursuant to Section 14.01 and each and every day any such pens, buildings,
yards, sheds or enclosures shall be kept or maintained in violation of the
regulations of this Article, or that any cattle, sheep, or swine shall be
collected, kept of fed therein, in violation of the regulations of this Article,
or where there shall emit from the pens, buildings, yards, sheds or enclosures
any offensive or nauseous odor, within said district, shall be deemed a separate
and distinct offense.
Section
11.4.06
Nuisance Declaration The keeping
or maintenance within the district aforesaid of any such pens, buildings, yards,
sheds or enclosures in violation of the regulations of this Article, or the
collecting, keeping or feeding of any cattle, sheep or swine in violation of the
regulations of this Article or the keeping or maintaining of any such pens,
buildings, yards, sheds, or enclosures where there shall emit from the same any
offensive or nauseous odor, shall constitute and is hereby declared to each
nuisance.
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