Code of Ordinances of Sioux Falls, SD

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1 Print Code of Ordinances of Sioux Falls, SD DEFINITIONS. For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning: ANIMAL CONTROL OFFICER. A person designated by the chief of police to work with law enforcement officials in the enforcement of this chapter. ANIMAL SHELTER. A building and facilities therein approved by the chief of police and the health authority for the impounding of animals. ANTI-ESCAPE. Any housing, fencing, or device that a guard dog cannot go over, under, through, or around. APPARENT ATTITUDE OF ATTACK. Threatening and overtly aggressive actions of an animal that places a reasonable person in imminent fear of bodily injury, including, but not limited to, snarling, growling, elevated or exaggerated noise, combined with an attack-ready body position when the animal is approached. AT LARGE. (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 or her 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. CHIEF OF POLICE. The chief officer of the city police department or his or her designee. COMMERCIAL PROPERTY. (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. DOMESTIC ANIMAL. Any animal that through long association with man has been bred to a degree that has resulted in genetic changes affecting the temperament, color, conformation, or other attributes of the species to an extent that makes it unique and different from wild individuals of its kind. EXOTIC ANIMAL. Any animal not occurring naturally in the United States either currently or historically. Alleged domestication of any exotic animal shall not affect its status under this definition. FOWL. Chickens, ducks, geese, turkeys, pheasants, quail, partridge, guineas, or other like domestic birds. 1/8

2 GUARD DOG. 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 the definition shall not apply to pet stores, boarding kennels, veterinary offices, and animal shelters. HANDLER. A person who is responsible for and capable of controlling the operations of a guard dog. HEALTH AUTHORITY. The health officer of the city or his or her authorized representative. HOUSING. Any location where the guard dog is kept when not being utilized for protection purposes. LEASH. A cord, thong, or chain, not to exceed 6 feet in length, by which an animal is controlled by the person accompanying it. LIVESTOCK. Any species of animal other than fowl commonly used for food, fiber, or draft purposes. NONDOMESTIC ANIMAL. Any animal that is not domestic. OWNER. Any person harboring or keeping an animal and who is the head of the household of the residence or any adult residing thereat if any head of household is not present, or the person, owner, or manager in charge of the establishment or premises at which an animal remains or returns to. PET. Any domestic animal kept in or near a household for the primary purpose of companionship for member(s) of the household and/or companionship for other such animals. This includes dogs, cats, guinea pigs, hamsters, rats, mice, ferrets, birds other than fowl, reptiles, amphibians, invertebrates, and species that a reasonable person would consider a pet. Fowl, rabbits, and livestock are not pets. The keeping of fowl, rabbits, or livestock including, but not limited to, swine, cattle, cows, sheep, horses, mules, or goats shall not be governed by this section of the code but shall be governed by other applicable sections of this code. SLAUGHTER. The act of killing fowl, rabbits, livestock, or any other animal for the purpose of food. (1992 Code, 7-1) (Ord , passed ; Ord , passed ; Ord , passed ; Ord , passed ; Ord , passed ) Cross-reference: Definitions and rules of construction generally, see 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 her or under his or her control to be at large and to go in or upon the private premises of others or upon any public property. (1992 Code, 7-2) (Ord , passed ; Ord , passed ) Penalty, see Statutory reference: Power to regulate or prohibit the running at large of animals, see SDCL /8

3 VICIOUS ANIMALS. (a) An animal may be declared to be vicious by the chief of police, or the attending physician of the victim of an animal bite or scratch may request the 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 or private grounds or places. (2) 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 chief of police declares an animal to be vicious, the chief of police shall notify the owner of the declaration in writing that the animal must be registered as a vicious animal within 15 days after the receipt of the written notice. The notice shall be served either in person or by mailing the 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 the 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; and 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 the pen or structure shall be lockable and of a 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; and 3/8

4 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 are 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 animal 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 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; and (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 a time as all provisions of division (c) above are complied with. (e) If the conditions in division (c) above are not complied with, the animal shall be euthanized in a humane manner and proof of euthanasia filed with animal control. (f) Any vicious animal not in compliance with 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 those means as are necessary to impound the animal. (1992 Code, 7-3) (Ord , passed ; Ord , passed ; Ord , passed ; Ord , passed ; Ord , passed ) Penalty, see Statutory reference: Vicious dogs, see SDCL et seq IMMEDIATE NOTICE OF BITE. The owner, keeper, possessor, caretaker, or attendant of an animal that bites, inflicts injury to, assaults, or otherwise attacks a person or other animal shall immediately by the quickest means of communication give notice of such incident to animal control or the police department and remain on the scene until the responding animal control officer or police officer has indicated the person may leave. 4/8

5 (Ord , passed ) DUTY TO GIVE INFORMATION, RENDER AID. The owner, keeper, possessor, caretaker, or attendant of an animal that bites, inflicts injury to, assaults, or otherwise attacks a person or other animal shall immediately stop and give his or her name and address and shall render to any person injured reasonable assistance. (Ord , passed ) 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 the dog or cat confined in a building, secure enclosure, veterinary hospital or boarding kennel so that it cannot attract or come into contact with another animal on public or private property except for controlled breeding purposes. (1992 Code, 7-4) (Ord , passed ; Ord , passed ) 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 the animal and to take possession of the animal, when in his or her opinion, the animal requires humane treatment. (1992 Code, 7-5) (Ord , passed ; Ord , passed ) Penalty, see Statutory reference: Cruelty to animals, see SDCL ch Municipal authority to prohibit and punish cruelty to animals, see SDCL STRAY, ABANDONED OR UNKEPT ANIMALS. No person shall harbor or keep any stray animals. Animals known to be strays shall be immediately 5/8

6 reported to the animal control officer. (1992 Code, 7-6) (Ord , passed ) Penalty, see POISONING. Unless recommended by the chief of police or health authority, it shall be unlawful for any person to willfully or maliciously administer or cause to be administered poison of any sort whatsoever to any animal on the property of another, with the intent to injure or destroy the animal, or to willfully or maliciously place any poison or poisoned food where such is accessible to any animal. (1992 Code, 7-7) (Ord , passed ; Ord , passed ) Penalty, see KEEPING OF ANIMALS. (a) The keeping of animals on any personal land in the city shall not be on a scale creating a nuisance. (b) Domestic fowl of the order Galliformes in the genus of Gallus (chickens) and animals of the order Lagomorpha in the family of Leporidae (rabbits and hares): (1) A maximum of six animals may be kept on personal land in the city. (2) The maximum number may be increased by obtaining a license issued by the city pursuant to (3) Roosters are prohibited. (c) Domestic fowl of the order of Gallinaceous birds (fowl-like birds that are not chickens) and the order Anseriformes (water fowl): (1) Every owner or keeper of domestic fowl other than chickens shall obtain a license issued by the city pursuant to (2) Roosters are prohibited. (d) It is considered a nuisance and shall be unlawful for any person to keep and maintain (other than the care and treatment of injured or abandoned birds and animals by people licensed for that purpose) or to sell native fur bearers, bears, mountain lions, bobcats, lynx, panthers, endangered species, exotic animals, or venomous snakes. (e) Nothing in this section shall be deemed to prohibit the keeping of (Felis catus) the domestic cat, (Mustela putorius furo) the European polecat otherwise known as the ferret, or (Canis familiaris) the domestic dog, as long as all provisions of ordinance are followed. (f) It shall be unlawful for livestock to be kept within the city limits, except that such livestock may be kept on property that is classified as AG, Agricultural District under the zoning ordinance of the city of 6/8

7 Sioux Falls. This section shall not apply to livestock kept as a part of any research, educational institution, stockyard, or temporarily exhibited. (g) Slaughter of animals is prohibited. This prohibition shall not include slaughter as part of any research, educational instruction, stockyard, or slaughterhouse. (1992 Code, 7-8) (Ord , passed ; Ord , passed ; Ord , passed ; Ord , passed ) Penalty, see RESPONSIBILITY. (a) No person shall create or maintain any condition or operate any equipment or keep any animal, fowl, pet or insect under his or her jurisdiction in a way that the condition or operation causes or is likely to cause the transmission of diseases from animals or insects to man. (b) The Great Plains Zoo shall not be governed by this chapter. (c) No owner, keeper, caretaker or attendant of an animal shall allow an animal to defecate on public or private property other than his or her own. If the animal does defecate upon public or private property, the owner, keeper, caretaker or attendant must immediately and thoroughly clean the fecal matter from the property. (d) Anyone walking an animal on public or private property other than his or her own must carry with him or her visible means of cleaning up any fecal matter left by the animal. Animals used in parades or involved in law enforcement are exempt from this section. (1992 Code, 7-9) (Ord , passed ; Ord , passed ) Penalty, see ABANDONING OF ANIMAL. No person shall abandon an animal in the city. (1992 Code, 7-10) (Ord , passed ) Penalty, see 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. (1992 Code, 7-11) (Ord , passed ) Penalty, see 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 7/8

8 ticket lawfully issued under this chapter. (1992 Code, 7-12) (Ord , passed ) Penalty, see TRAPPING OF ANIMALS. Without permission of the chief of police, no person 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 chief of police or city parks department for purposes of the city s health and welfare. (1992 Code, 7-13) (Ord , passed ; Ord , passed ) Penalty, see 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, or to persons who are authorized by the chief of police and have been issued a special access permit by the state department of game, fish and parks for a specific area being hunted. (1992 Code, 7-14) (Ord , passed ; Ord , passed ) Penalty, see 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 the person residing on or in the lot or premises has a valid kennel conditional use permit issued by the city. The animal shelters, veterinarian offices and retail pet stores are exempt from the provisions of this section. (1992 Code, 7-15) (Ord , passed ) Penalty, see 8/8

CHAPTER 3-2 ANIMALS. Legislative History: Authority: 1990 Revisions. SDCL Ordinance No. 330, 8/1/03 Ordinance No.

CHAPTER 3-2 ANIMALS. Legislative History: Authority: 1990 Revisions. SDCL Ordinance No. 330, 8/1/03 Ordinance No. CHAPTER 3-2 ANIMALS 3-2-1 LICENSING OF ANIMALS All animals kept, harbored or maintained, in the City of Brandon shall be licensed and registered if over six months of age. Animal licenses shall be issued