Animal Control Ordinances

Transcription

1 Animal Control Ordinances Sample Ordinances Compiled by the South Dakota Municipal League July 2002 Contents Legislative Authority & SD Supreme Court Case Law Summary International Municipal Lawyers Association Model City of Brandon City of Garretson City of Ipswich City of Tea Rapid City v. Tuning, 82 SD 442, 147 NW2d 604 (1967) The ordinances herein are intended for use as review documents when adopting comprehensive animal control ordinances. The SD Municipal League does not endorse the use of the ordinances herein and is simply providing them as examples. In no way should the enclosed examples be construed as legal advice. The reviewing municipality is encouraged to seek legal review of proposed ordinances prior to adoption. 214 East Capitol Avenue Pierre, SD (800)

2 Legislative Authority *Police powers - Cruelty to animals. Every municipality shall have power to prohibit and punish cruelty to animals *Police powers - Animals - Pounds - Dog licenses. Every municipality shall have power to regulate or prohibit the running at large of dogs, animals, and poultry, to establish pounds, appoint poundmasters, and regulate the impounding of animals, and to impose a tax or license on dogs running at large. Cruelty to animals in general, SDCL 40-1 SD Supreme Court Case Law Rapid City v. Tuning (1967) 82 SD 442, 147 NW 2d 604 Statute authorizes city to license dogs as well as to prohibit their running at large with result that conviction under ordinance prohibiting running at large could be sustained even though dog was licensed; Legislature did not intend that enactment of ordinance providing for tax or license on dogs operate as exclusion of power otherwise to regulate or prohibit dogs from running at large and city could do either or both without enactment of one ordinance excluding the other.

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25 TITLE THREE ANIMALS Chapter 3-1 Definitions Chapter 3-2 Animals Chapter 3-3 Livestock CHAPTER 3-1 DEFINITIONS DEFINITIONS IN GENERAL Words, when used in this chapter, unless the context otherwise plainly refers, shall have the meaning indicated: A. AT LARGE: means off or outside of the premises belonging to the owner or keeper of such dog and not under the control of such owner, possess or, or keeper, or the agent or servant or member of his immediate family, by means of a leash, cord or chain not to exceed ten (10) feet in length, provided that an unleashed dog off the owner's premises shall not be deemed at large if he is under the immediate control of the owner or his agent. B. DOG: means any member of the canine family, both male and female.

26 C. LEASH: means a cord, thong, or chain not more than ten (10) feet in length by which a dog is controlled by the person accompanying it. 1. OWNER: means a person owning, keeping or harboring a dog; the occupant of any premises to which a dog customarily returns is presumed to be the owner. E. PREMISES: means the dwelling house and outbuildings and the lot or tract of land on which the same are situated and shall include an automobile or other vehicle in which the owner of the dog shall be an occupant or of which he shall have control, or in which any dog shall be situated with the consent of the owner of the vehicle. F. QUALIFIED PERSON: means any person granted a permit by the governing body of the City to vaccinate animals against rabies. G. VACCINATION: means the injection by a veterinarian or other qualified person of vaccine approved by, and administered in accordance with, the provisions of this article and the resolutions of the governing body of the City. H. VETERINARIAN: means any licensed practitioner of veterinary medicine licensed to practice such profession in the state. I. POUND MASTER OR HUMANE OFFICER: person designated to be responsible for the care and maintenance of the animal pound and who shall work with other law enforcement officials in the enforcement of this Title. J. ANIMALS: means any dogs, cats, or other domesticated creatures. K. ANIMAL CONTROL OFFICER: that person duly appointed to the position by the City Council or a properly trained employee of the Humane Society responsible for the animal control within the City. L. EXOTIC ANIMALS: rare or different from ordinary domestic animals including reptiles, skunks, birds of prey, wolf hybrids and the offspring of wild animals

27 crossbred with domestic dogs and cats, but not including parrots, toucans or other tame and domesticated birds. Legislative History: Authority: Ordinance No. 2, Article 4, SDCL , ; Ordinance No. 266, 5/5/98 See Also , 12/10/73 in part CHAPTER 3-2 ANIMALS 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 on or before the first day of July of each year or as such animal becomes six months of age if subsequent thereto. Animal licenses shall be issued by the Finance Officer upon payment of a fee in an amount to be established by resolution of the City Council. The owner shall state at the time application is made for such license and upon such forms as the Finance Officer may provide for such purpose the owner's name and address, and the name, breed, age, color and sex of each animal owned or kept by him, and present to the Finance Officer a record by a veterinarian that the animal has been vaccinated for rabies as provided hereafter. This section includes, but is not limited to dogs and cats. Violation of this ordinance is punishable by a fine or by imprisonment, or both, as established in of the Brandon Municipal Code. Legislative History: Authority: 1990 Revisions. SDCL

28 3-2-2 CONDITIONS FOR ANIMAL LICENSE As a condition to the issuance of an animal license, the person making such application shall furnish a certificate from a licensed veterinarian that the animal sought to be licensed has been vaccinated for and made immune to rabies within the previous year. Legislative History: Authority: 1990 Revisions. SDCL and Ch generally RABIES VACCINE IN GENERAL On or before July first of each year, every owner shall have his animals vaccinated against rabies, except in cases where an animal shall have been properly vaccinated with the type of vaccine known as the modified live virus, chick embryo origin or an other type of vaccine having a longer immunization period and approved by resolution of the governing body of the City. The vaccination required by this section need not be repeated during the time for which the animal is effectively immunized as determined by the veterinarian or other qualified person granting a permit under this title. Legislative History: Authority: Ordinance No. 2, Article 4, SDCL , , 12/10/73, in part; ; SDCL Ch in general. Legislative History: Ordinance No. 24, 2/24/75, in part.

29 3-2-4 CITY ANIMAL TAGS Upon payment of the license fee, as set by resolution of the City Council, the Finance Officer shall issue to the owner a tag for each animal so licensed. Every owner shall be required to provide each animal with a collar to which the license tag must be affixed, and shall see that the collar and tag are constantly worn. Animal tags shall not be transferrable from one animal to another and no refunds shall be made on any animal license fee because of death of the animal or the owner's leaving the City before expiration of the license period. Legislative History: Authority: Ordinance No. 2, Art.4, 22, SDCL , 12/10/73, in part , Ordinance No. 24, 2/24/75, in part RABIES CERTIFICATES AND TAGS A veterinarian or qualified person who vaccinates any animal, shall issue to the owner thereof a vaccination certificate. The vaccination certificate shall be prepared and issued in triplicate, one copy to be retained by the issuing veterinarian or other qualified person. A second copy shall be sent to the City Finance Officer for safe keeping. Each certificate shall bear the name and address of the veterinarian or other qualified person who issued it and a statement containing the description and name of the animal immunized, the type of vaccine used, the date of the vaccination, the date on which the period of effective

30 immunization will expire, and a serial number. The veterinarian or qualified person shall also furnish each owner with a metal tag bearing the certificate number and the year of vaccination. Said tag shall be affixed by the owner of the animal to the collar or harness of the said animal for which the certificate was issued. No one except the owner or his duly authorized agent shall remove the collar with the attached tag from the animal. Legislative History: Authority: Ordinance No. 2, Art.4, 22, SDCL , 12/10/73, in part , Ordinance No. 24, 2/24/75, in part. Collateral Reference: Try SDCL Ch generally ALIEN VACCINATIONS Any owner who has had his animal vaccinated against rabies in another state or municipality by the proper authority therein shall not be required to have such animal re-vaccinated during the current year when the animal is brought into this municipality; provided, that the requirements of such state or municipality under which the vaccination was made were of a standard which is equal or greater than those required by this article, and further provided that such animal wears a tag affixed to his collar or harness bearing the date of such vaccination. Legislative History: Authority:

31 Ordinance No. 2, Art.4, 22, SDCL , 12/10/73, in part , , Ordinance No. 24, 2/24/75, in part. Collateral Reference: Try SDCL Ch generally RABIES OBSERVATION If an animal is believed to have rabies or has been bitten by an animal suspected of having rabies or has bitten any individual not a member of the owner's family such animal shall be confined and shall be placed under the observation of a veterinarian at the expense of the owner for a period of at least ten days or as ordered by said veterinarian. The owner shall notify the police of the fact that his animal has been exposed to rabies or has bitten an individual, and at his discretion the chief of police is empowered to have such animal removed from the owner's premises and placed under observation for a period of ten days at the expense of the owner in the City pound. It shall be unlawful for any person knowing or suspecting an animal as having rabies to allow such animal to be taken off his premises without the written permission of the chief of police. Every owner, or other person, upon ascertaining an animal is rabid shall immediately notify the chief of police who shall either remove the animal or summarily destroy it. Legislative History: Authority: Ordinance No. 2, Article 4, SDCL , 23, 12/10/73, in part Ordinance No. 24, 2/24/75,

32 in part. Ordinance No. 213, 5/5/ QUARANTINE Whenever the governing body of the City of the health officer thereof, has reason to believe that there is danger that rabies may spread within the municipality, the board shall publish a notice requiring owners of animals, and other specified animals in the area designated, to confine the animals for such period as may be necessary to prevent the spread of rabies. The board of health, or health officer appointed by the governing body of the City or the governing body shall have the authority to quarantine for a period not to exceed ninety (90) days, any animal bitten by another animal known or suspected to have rabies, and to quarantine for a period not to exceed fifteen (15) days, any animals which has bitten a human being or which exhibits symptoms of rabies. Whenever an animal dies with rabies or is destroyed because of its having been suspected of being rabid, the owner thereof, whether the animal has been previously quarantined or not, shall at his own expense, send the head of such animal to a proper laboratory for examination. All confinement imposed shall be by means of chain, not a rope, and of sufficient strength to hold such animal securely. Any such other circumstance is hereby declared a nuisance. Legislative History: Authority: Ordinance No. 2, Article 4, SDCL , 23, 12/10/73, in part Ordinance No. 24, 2/24/75, in part ANIMALS RUNNING AT LARGE

33 It shall be unlawful for any person, firm or corporation to allow any animal, owned, controlled or harbored by any person to run at large on the streets, alleys, or property of any other person within the City limits of Brandon, South Dakota. Any person having an animal within the City limits shall have it tied, leashed or otherwise controlled upon their property. It shall be unlawful for any person to allow an animal off the premises without the animal being held in leash. Violation of this ordinance is punishable by a fine or by imprisonment, or both, as established in of the Brandon Municipal Code. Legislative History: Authority: Ordinance No. 2, Article 4, SDCL ; 2, 12/10/73, in part Compare SDCL Ordinance No. 213, 5/5/93 Ordinance No. 271, 9/7/98 Cross Reference: The Brandon City Code, LEASHES A leash, according to this title is a leather cord or chain not more than ten (10) feet in length of sufficient strength to control the animal. Any animal riding in an automobile is considered to be on the owner's property. Legislative History: Authority: 1990 Revisions. SDCL ,

34 Cross Reference: The Brandon City Code, 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. 1. Violation of this ordinance is punishable by a fine or by imprisonment, or both, as established in of the Brandon Municipal Code. 1. 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. Legislative History: Authority: Ordinance No. 2, Article 4, SDCL , 12/10/73, in part. Ordinance No. 271, 9/7/ VICIOUS ANIMALS 1. An animal may be declared to be vicious by the animal control officer under the following:

35 1. An animal which, in a vicious or terrorizing manner, approaches in apparent attitude of attack, or bites, inflicts injury assaults or otherwise attacks a person or other animal upon any public ground or place; or 2. An animal which on private property in a vicious or terrifying manner approaches in apparent attitude of attack, or bites or inflects injury or otherwise attacks a 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 course of dealing with the owner or occupant of such property. 3. Any animal of a known propensity, tendency or otherwise threaten the safety of human beings or animals. 4. No animal may be declared vicious if the injury or damage is sustained to any person or animal who was tormenting, abusing or assaulting the animal or who was trespassing on the property by committing or attempting to commit a crime. B. When the animal control officer declares an animal to be vicious, the officer shall notify the owner of such declaration in writing that such animal must be registered as a vicious animal. 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 officer to register said vicious animal and shall comply with the following: 1. The owner of the animal shall notify the animal control officer of any changes in the following: 1. Ownership of the animal 1. Name, address and telephone number of a new owner. 1. Address change of the owner or any change in where the animal is housed. 1. Any change in the health status of the animal or death of the animal. 2. If the animal is outdoors and attended, the animal shall be muzzled, on a leash no longer than six feet and under control of a person over 18 years of age.

36 3. If the animal is outdoors and unattended, the animal must be locked in an escape proof kennel approved by the animal control officer. Minimum standards shall include the following: 1. Fencing material shall not have openings with a diameter of more than 2". 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 pen or structure shall have secure sides and top. If the pen or structure has not bottom secured to the sides, the sides shall be embedded in 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 a double exterior wall to prevent the insertion of fingers or other objects. 4. A universal sign denoting a vicious animal shall be displayed on the pen or structure visible from the sidewalk/street and adjacent to the property where the animal is kept. 5. The kennel or structure shall be inspected annually by the animal control officer. All expenses incurred for said inspection will be the responsibility of the owner. 6. The owner shall carry $100,000 liability insurance covering the medical and/or veterinary costs resulting from the vicious animals actions or any other damage the animal may do. Proof of insurance shall be filed with the animal control officer annually. 7. The owner of the animal shall present proof to the animal control officer that the animal has been altered to prevent reproduction. D. The vicious animal shall be impounded by the animal control officer, at the owner's expense until such time as the provisions in Section C are complied with.

37 E. If the conditions in Section C are not complied with, the animal shall be euthanized by the Humane Society. F. The owner or caretaker of a vicious animal shall immediately notify the animal control officer if the animal should become loose or attacks a human or animal. G. If the vicious animal is owned by a minor, the parent/guardian of the minor shall be responsible for the compliance of all the regulations imposed and liable for all injuries or damage sustained by any person caused by an attack by the animal. H. Any vicious animal found off the premises of the owner, other than provided by this section, shall be seized by the animal control officer and impounded. If the animal can not be captured, the animal control office may have the animal destroyed. If the animal was seen off the property or if it bites a person or animal, the animal will be delivered to the Humane Society within 24 hours and the owner to appear in court to show cause why this animal should not be destroyed. The animal control officer shall use such means as necessary to impound the animal. The owner shall bear all cost of impoundment and board. Legislative History: Authority: Ordinance No. 2, Article 4, SDCL , Ordinance No. 266, 5/5/ , , 12/10/73, in part ENFORCING OFFICER OR CITY AGENT DEFINED Any animal control officer appointed by the City Council shall be defined as an agent of the City, or as an enforcing officer, both of which shall have power under this title. The Council may choose the Chief of Police when filling this position.

38 Legislative History: Authority: 1990 Revisions. SDCL , , , RIGHT OF ENTRY IN PURSUANT. When in immediate pursuit of any animal found to be at large in the City, an animal control officer or a City police officer, or other person designated by the governing body to apprehend offending animals, may enter upon the premises of the owner of such offending animal for the purpose of apprehending such animal, provided that, for the purposes of this section, the word premises shall not be construed to include the inside of any dwelling. Legislative History: Authority: 1990 Revisions. SDCL , IMPOUNDMENT Any animal found running at large contrary to the provisions of this title, may be impounded in the City pound or other suitable place. The person in charge upon receiving any such animal shall make a complete registry, entering the breed, color and sex of the animal and whether it is licensed. If licensed he shall enter the name and address of the owner and the number of the license tag. As soon as practical after the impounding of any animal, the owner shall be notified, or if the owner of the animal is unknown, notice shall be given by posting in the City Finance Officer's office describing the animal and the place and time of taking. The owner of any animal so impounded may reclaim such animal upon payment of the license fee, if unpaid and all costs and charges incurred by the City of Brandon, for the impounding, notice and maintenance of said animal. The Council is empowered to set and establish a schedule of charges, as they may from time to time by resolution deem appropriate. It shall be the duty of the person in charge to keep all animals so impounded for a period of three (3) days. If at the expiration of three days from the date of notice to the owner or the posting of notice such animal shall not have been redeemed, by the

39 owner, then any other person may, upon compliance with the terms of this title, redeem such animal from the pound and become the lawful owner thereof. If no person redeems the animal, it may, in the discretion of the animal control officer, be destroyed. Legislative History: Authority: Ordinance No. 2, Article 4, SDCL , 21, 23, 12/10/73 in part Ordinance No. 36, 6/14/76 in part and Ordinance No. 61, 4/3/78 in part. Ordinance No. 213, 5/5/ KENNEL LICENSES ISSUED The City Finance Officer, upon receipt of an application showing the owner's name and address, the name, breed, age, color and sex of each animal kenneled by the owner, a certificate signed by a qualified veterinarian that each animal has been vaccinated and payment of the appropriate license fee, as established by the City Council, shall issue a kennel license to the owners of animal kennels. All animals housed in a licensed kennel shall be exempt from the other licensing provision of this ordinance. Legislative History: Authority: 1990 Revisions. SDCL ,

40 RELEASING SHELTERED ANIMALS No person shall unlawfully release, or assist in releasing any animal from the City impoundment facility. A violation of this ordinance is punishable by a fine or by imprisonment, or both, as established in of the Brandon Municipal Code. Legislative History: Authority: 1990 Revisions SDCL Ordinance No. 271, 9/7/ CRUELTY TO ANIMALS No person shall willfully or negligently mistreat, abuse or neglect in a cruel or inhumane manner any animal or fowl. Legislative History: Authority: Ordinance No. 2, Article 4, SDCL , 12/10/ STRAY ABANDONED OR UNKEPT ANIMALS No person shall harbor or keep any stray animals. Animals known to be strays shall be reported to the animal control officer and/or police officer immediately. Legislative History: Authority:

41 Ordinance No. 2, Article 4, SDCL , 12/10/ UNLAWFUL TO POISON 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 the same is accessible to any such animal. Legislative History: Authority: Ordinance No. 2, Article 4, SDCL , 12/10/ CITY POUND MASTER IN GENERAL The City Council is hereby authorized to provide for the appointment of a animal control officer for the enforcement of this Title, for the impounding, destroying, and disposal of animals, and for a schedule of fees to be charged for services rendered, and for a monthly amount to be paid by the City for this service. Legislative History: Authority: Ordinance No. 2, Article 4, SDCL , 3, 12/10/

42 INTERFERENCE WITH PERFORMANCE OF DUTIES 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 animal or animals. Legislative History: Authority: Ordinance No. 2, Article 4, SDCL , 12/10/ REPORT OF SUSPECTED CASES - GENERALLY Any person who shall suspect that any animal in the cities infected with rabies shall report said animal to the animal control officer, the police, the police department or the health department describing the animal and giving the name and address of the owner if known. Legislative History: Authority: Ordinance No. 2, Article 4, SDCL , 12/10/73. Ordinance No. 61, 4/3/ SAME - BY VETERINARIANS Veterinarians within the City receiving information or reports of suspected rabies in wild animals or domestic animals shall report such information to

43 the police department or animal control officer. Legislative History: Authority: Ordinance No. 2, Article 4, SDCL , 12/10/73. Ordinance No. 61, 4/3/ SAME BY PHYSICIANS Physicians within the City immediately upon treatment of any person bitten by an animal shall report such information to the police department or animal control officer. Legislative History: Authority: Ordinance No. 2, Article 4, SDCL , 12/10/73. Ordinance No. 61, 4/3/ DESTRUCTION OF RABID ANIMALS 1. Any rabid animal may be destroyed upon written conformation of rabies by a licensed veterinarian or physician by the following persons: 1. The police officer. 1. Any person appointed by the City Council under the provisions of this chapter.

44 1. Any rabid animal may be destroyed by any licensed veterinarian or physician upon diagnosing rabies in said animal without written authorization from any person or authority. 2. If it is not reasonable under the circumstances to impound or to attempt to seize an animal reasonably believed to be rabid, the police officer or animal control officer of any authorized person has permission to destroy the animal immediately in any humane manner. Legislative History: Authority: Ordinance No. 2, Article 4, SDCL , 12/10/73. Ordinance No. 61, 4/3/ NUMBER OF PETS LIMITED It is unlawful for any person to have or to keep more than four (4) 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 officers and retail pet stores are exempt from the provisions of this section. Those domestic pets that are licensed by the City as of May 1, 1993 are exempt. Legislative History: Authority:

45 Ordinance No. 213, 5/5/93 SDCL DISPOSITION OF ABUSED ANIMALS In cases where an animal or animals have been seized by the animal control officer based upon cruelty, neglect or abandonment, such animal may be adopted to another owner or humanely euthanized thereby extinguishing all property rights of the existing owner following the procedures as hereinafter provided: 1. Upon seizure of the animal or animals, the animal control officer shall serve notice upon the existing owner, if the identity of said existing owner is known, informing said existing owner of the animal control officer's intent to have said animal disposed of. B. The existing owner shall have three days to: 1. Declare in writing and deliver to the animal shelter keeping said animal or animals 1. Notice of said existing owner's intent to maintain ownership of the animal or animals and to object to the adoption or euthanasia thereof, and; 1. Notice that said existing owner's will pay when due all impoundment, board and veterinary costs until such time as the animal or animals shall be release to said existing owner or be adopted or euthanized. 2. Pay all impoundment, board and veterinary costs up to the date of the owner's declaration of intent to maintain his ownership of said animal or animals to the animal control shelter. C. Upon notification of said existing owner's intent to maintain ownership of the animal or animals and the existing owner's objection to the adoption of euthanasia of the animal or animals, said existing owner shall continue said payments to the animal control shelter for impoundment, board and

46 veterinary costs on a weekly basis until such time as the animal or animals shall be release to said existing owner, or be adopted or euthanized. If, after three days, the existing owner of the animal of animals fails to declare the hereinbefore stated intent, or if the existing owner fails to make any payment in a timely manner, or if the identity of said existing owner is unknown or notification to said existing owner cannot be made, ownership of the animal or animals will revert to the animal shelter. Legislative History: Authority: Ordinance No. 262, 4/15/97 SDCL EXOTIC OR WILD ANIMALS: A. No person shall keep an animal of a species prohibited or protected by Title 50 Code of Federal Regulations, or by the State of South Dakota. B. No person shall keep a exotic or wild animal in such a manner as to constitute a likelihood of harm to the animal, or animals or humans; which is vicious, dangerous, noxious or naturally inclined to do harm or constitute a public or private nuisance, except in a zoo, animal shelter, circus, amusement show or educational facility for which adequate protection devices shall be provided to prevent the animal from escaping or injuring the public. C. No person shall allow any exotic or wild animal to run at large unattended. D. Any exotic or wild animal that is at large will be impounded by the animal control officer. If the animal control officer can not capture the animal, the animal may be destroyed. E. The owner shall bear all costs of impoundment and board of the animal. Legislative History: Authority:

47 Ordinance No. 266, 5/5/ 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. 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 pubic or private property, the owner, keeper, caretaker, or attendant must immediately and thoroughly clean the fecal matter from such property. C. 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 section. Legislative History: Authority: Ordinance No. 266, 5/5/98

48 CHAPTER 3-3 LIVESTOCK LIVESTOCK DEFINED The term "Livestock" shall mean any animal which is raised for normal agricultural purposes, including, but not exclusively, hogs, cattle, sheep, horses, chickens, etc. Legislative History: Authority: 1990 Revisions. See SDCL Ch in general; See Also SDCL LIVESTOCK EXCLUDED WITHIN CITY LIMITS No person shall be permitted to keep livestock of any kind within City limits except temporarily or in connection with the buying or selling of the same. Legislative History: Authority: 1990 Revisions. SDCL Ch generally.

49 3-3-3 LIVESTOCK PREMISES Under the exception which is laid out in the Brandon City Code, 3-3-2, whenever a person keeps livestock within City limits, he or she will maintain a premise for said livestock in a health manner, keeping the area sanitary by controlling noxious odors, and flies or other pests. Legislative History: Authority: 1990 Revisions. SDCL , and Ch in general LIVESTOCK CONFINEMENT Anyone who has livestock under the section exception shall keep the same from running at large. Legislative History: Authority: 1990 Revisions. SDCL , , ; See Also Ch generally. TITLE FOUR BUILDINGS AND BUILDING CODES Chapter 4-1 Adoption of National Code

50 TITLE THREE ANIMALS Chapter 3-1 Chapter 3-2 Chapter 3-3 Chapter 3-4 Animals Defined Dogs Cats Livestock and Animals in General CHAPTER 3-1 ANIMALS DEFINED DEFINITIONS IN GENERAL Words, when used in this chapter, unless the context otherwise plainly refers, shall have the meaning indicated: A. AT LARGE: means off or outside of the premises belonging to the owner or keeper of such dog and not under the control of such owner, possessor, or keeper, or the agent or servant or member of his immediate family, by means of a leash, cord or chain not to exceed ten (10) feet in length, provided that on unleashed dog off the owner's premises shall not be deemed at large if he is under the immediate control of the owner or his agent. B. DOG: means any member of the canine family, both male and female. C. HEALTH AUTHORITY. shall mean the health officer or health committee of the city or their duly authorized agents or such other body or person appointed by the mayor. D. LEASH: means a cord, thong, or chain not more than ten (10) feet in length by which a dog is controlled by the person accompanying it. E. OWNER: means a person owning, keeping or harboring a dog; the occupant of any premises to which a dog customarily returns is presumed to be the owner. F. POUND MASTER: shall mean the person designated to be responsible for the care and maintenance of an animal impounded and who shall work with other law enforcement officials in the enforcement of this title. G. PREMISES: means the dwelling house and outbuildings and the lot or tract of land on which the same are situated and shall include an automobile or other vehicle in which the owner of the dog shall be an occupant or of which he shall have control, or in which any dog shall be situated with the consent of the owner of the vehicle.

51 H. QUALIFIED PERSON: means any person granted a permit by the governing body of the City to vaccinate animals against rabies. I. VACCINATION: means the injection by a veterinarian or other qualified person of vaccine approved by, and administered in accordance with, the provisions of this article and the resolutions of the governing body of the City. J. VETERINARIAN: means any licensed practitioner of veterinary medicine licensed to practice such profession in the state. CHAPTER 3-2 DOGS LICENSING OF DOGS All dogs kept, harbored or maintained, in the City of Garretson, shall be licensed and registered if over six months of age on or before the first day of May of each year or as such dog becomes six months of age if subsequent thereto. Dog licenses shall be issued by the Finance Officer upon payment of a fee in an amount to be established by the City Council. The owner shall state at the time application is made for such license and upon such forms as the Finance Officer may provide for such purpose the owner's name and address, and the name, breed, age, color and sex of each dog owned or kept by him, and present to the Finance Officer a record by a veterinarian that the dog has been vaccinated for rabies as provided hereafter DOG LICENSE AMOUNTS The amounts of dog licenses shall increase with the number of dogs a person owns, or has in his household possession. The purpose of this statute is to prevent the nuisance of multiple dog ownership. Fees shall be paid on or before May first of each year, and anyone who owns or possesses a third dog shall pay at least twenty-five more dollars CONDITIONS FOR DOG LICENSE As a condition to the issuance of a dog license, the person making such application shall furnish a certificate from a licensed veterinarian that the dog sought to be licensed has been vaccinated for and made immune to rabies within the previous year RABIES VACCINE IN GENERAL On or before May first of each year, every owner shall have his dogs and/or cats vaccinated against rabies, except in cases where an animal shall have been properly vaccinated with the type of vaccine known as the modified five virus, chick embryo origin or an other type of vaccine having a longer immunization period and approved by resolution of the governing body of the City. The vaccination required by this section need not be repeated during the time for which the dog is effectively immunized as determined by the veterinarian or other qualified person granting a permit under this title.

52 Any owner acquiring a dog or cat by purchase, gift, birth or otherwise shall have such animal immunized against rabies within one (1) month following acquisition or when the animal reaches the age of six (6) months CITY DOG TAGS Upon payment of the license fee, as set by the City Council, the Finance Officer shall issue to the owner a metallic tag for each dog so licensed. Every owner shall be required to provide each dog with a collar to which the license tag must be affixed, and shall see that the collar and tag are constantly worn. Dog tags shall not be transferable from one dog to another and no refunds shall be made on any dog license fee because of death of the dog or the owner's leaving the City before expiration of the license period RABIES CERTIFICATES AND TAGS A veterinarian or qualified person who vaccinates any dog, shall issue to the owner thereof a vaccination certificate. The vaccination certificate shall be prepared and issued in triplicate, one copy to be retained by the issuing veterinarian or other qualified person. A second copy shall be sent to the City Finance Officer for safe keeping. Each certificate shall bear the name and address of the veterinarian or other qualified person who issued it and a statement containing the description and name of the dog immunized, the type of vaccine used, the date of the vaccination, the date on which the period of effective immunization will expire, and a serial number. The veterinarian or qualified person shall also finish each owner with a metal tag bearing the certificate number and the year of vaccination. Said tag shall be affixed by the owner of the dog to the collar or harness of the said dog for which the certificate was issued. No one except the owner or his duly authorized agent shall remove the collar with the attached tag from the dog. If a dog tag is lost or destroyed another tag will be issued upon presentation of a receipt ALIEN VACCINATIONS Any owner who has had his dog vaccinated against rabies in another state or municipality by the proper authority therein shall not be required to have such dog re-vaccinated during the current year when the animal is brought into this municipality-, provided, that the requirements of such state or municipality under which the vaccination was made were of a standard which is equal or greater than those required by this article, and further provided that such dog wears a tag affixed to his collar or harness bearing the date of such vaccination RABIES OBSERVATION When any person owning or harboring a dog or cat, has been notified that it has bitten or attacked any person, the owner must within twenty-four (24) hours place the dog or cat under the care and observation of a licensed veterinarian for a period of not less than fourteen (14) days or in the alternate take the dog or cat immediately to a licensed veterinarian and have the dog or cat examined and upon certificate of the veterinarian authorizing the same may keep the dog or cat inside such person's home at all times for a period of fourteen (14) days.

53 At the end of the fourteen day observation period, the dog or cat shall be examined by a licensed veterinarian and if free or rabies as determined by the veterinarian and if free of rabies as determined by the veterinarian may be reclaimed by the owner upon paying the expenses incident thereto. Any animal impounded or placed for observation period, showing active signs of rabies, suspected of having rabies or known to have been exposed to rabies, shall be confined under competent observation for such time as may be deemed necessary to determine a diagnosis PRECAUTIONS REGARDING RABIES When the health authority shall have determined that an animal found in the city is infected with rabies of hydrophobia, the mayor may, upon written advice from the health authority that the public safety and general welfare require it, order by proclamation that all dogs by muzzled when off the premises of the owner by immediately seized and impounded. He may further order that after the proclamation has been published for forty-eight (48) hours, whether by posting a notice on the front window of the city hall or printing in a newspaper of general circulation in the city, all dogs found off the premises of the owner unmuzzled shall be seized and impounded. An officer may immediately kw any such unmuzzled dog if with reasonable effort it cannot first be seized and impounded. AR dogs seized and impounded during the first forty-eight (48) hours after publishing of any such proclamation, shall if claimed within two (2) days be returned to the owner thereof upon the payment of the impounding charges. If unclaimed after that period, such dog may be destroyed QUARANTINE Whenever the governing body of the City of the health officer thereof has reason to believe that there is danger that rabies may spread within the municipality, the board shall publish a notice requiring owners of dogs, and other specified animals in the area designated, to confine the animals for such period as may be necessary to prevent the spread of rabies. The board of health, or health officer appointed by the governing body of the City or the governing body shall have the authority to quarantine for a period not to exceed ninety (90) days, any animal bitten by another animal known or suspected to have rabies, and to quarantine for a period not to exceed fifteen (L5) days, any animals which has bitten a human being or which exhibits symptoms of rabies. Whenever a dog dies with rabies or is destroyed because of its having been suspected of being rabid, the owner thereof, whether the dog has been previously quarantined or not, shag at his own expense, send the head of such dog to a proper laboratory for examination. AD confinement imposed shall be by means of chain, not a rope, and of sufficient strength to hold such animal securely. Any such other circumstance is hereby declared a nuisance DOGS RUNNING AT LARGE It shall be unlawful for any person, firm or corporation to allow any dog, owned, controlled or harbored by any person to run at large on the streets, alleys, or property of any other person within the City limits of Garretson, South Dakota. Such a dog shall be declared a nuisance, and in abatement, may be destroyed. Any person having a dog within the City limits shall have it tied, leashed or otherwise controlled upon their property. It shall be unlawful for any person to allow a dog off the premises without the animal being held in leash LEASHES

54 A leash, according to this title is a leather cord or chain not more than ten (10) feet in length of sufficient strength to control the dog. Any dog riding in an automobile is considered to be on the owner's property BARKING OR HOWLING DOGS Dogs that bark or howl excessively, whether during day light or night time hours, within City limits, are hereby declared a nuisance, such disturbances may be prevented after an appropriate resolution has been drafted by the City Council FEMALES IN HEAT All female dogs kept within the City during periods of heat shall be confined to the premises of the owner, or if and when they are taken from such premises, they shall be kept upon a leash VICIOUS DOGS; DEFINITION OF, CONFINEMENT AND GENERAL RULES REGARDING Any dog who has bitten a person, or who has the propensity to attack human beings is hereby declared to be fierce, dangerous and vicious. No dog with the above mentioned propensities shall be allowed to run at large upon the premises of anyone other than the owner. If such an animal is found to be running at large, it shall be impounded, and shall not be released, except upon the approval of the Chief of Police after payment of the fees set forth to cover the costs of impounding. Any dog with the above mentioned propensities which cannot be impounded safely, may be systematically destroyed by any police officer acting in the fine of duty ENFORCING OFFICER OR CITY AGENT DEFINED Any animal control officer appointed by the Chief of Police shall be defined as an agent of the City, or as an enforcing officer, both of which shall have power under this title. The Chief of Police may choose himself when filling this position RIGHT OF ENTRY IN PURSUANT When in immediate pursuit of any dog found to be at large in the City, a City police officer, or other person designated by the governing body to apprehend offending dogs, may enter upon the premises of the owner of such offending dog for the purpose of apprehending such dog, provided that, for the purposes of this section, the word premises shall not be construed to include the inside of any dwelling or any building IMPOUNDMENT Any dog found running at large contrary to the provisions of this title, shall be impounded in the City pound or other suitable place. The person in charge upon receiving any such dog shall make a complete registry, entering the breed, color and sex of the dog and whether it is licensed. If licensed he shall enter the name and address of the owner and the number of the license tag. As soon as practical after the impounding of any dog, the owner shall be notified, or if the owner of any dog so impounded may reclaim such dog upon payment unpaid and all costs and charges incurred by the City of Garretson, for the impounding, notice and maintenance of said dog. The Council is empowered to set and establish a

55 schedule of charges, as they may from time to time by resolution deem appropriate. It shall be the duty of the person in charge to keep all dogs so impounded for a period of three (3) days. If at the expiration of six days from the date of notice to the owner or the posting of notice such dog shall not have been redeemed, it may be destroyed KENNEL LICENSES ISSUED The City Finance Officer, upon receipt of an application showing the owner's name and address, the name, breed, age, color and sex of each dog kenneled by the owner, a certificate signed by a qualified veterinarian that each dog has been vaccinated and payment of the appropriate license fee, as established by the City Council, shall issue a kennel license to the owners of dog kennels. All dogs housed in a licensed kennel shall be exempt from the other licensing provision of this ordinance LICENSE FEE: EXEMPTIONS The provisions of this chapter pertaining to payment of a license fee and registration shall not apply to dogs whose owners are nonresidents temporarily within the city or seeing eye dogs trained to assist blind persons when such dogs are actually being used by blind persons to aid them in going from place to place. CHAPTER 3-3 CATS AUTHORITY TO CATCH AND IMPOUND The City police officer or an animal control officer of the City is hereby authorized upon complaint of a resident of said City, to catch upon the property of the complainant, such cats as may be causing a nuisance thereon and impound such cats in a suitable place for the care of the animal IMPOUNDMENT, NOTICE AND DISPOSAL AUTHORITY FOR IDENTIFIED CATS Upon impoundment of a cat without identification, the animal control officer shall within twenty-four hours of such impoundment, notify the owner of the cat's impoundment, how the cat may be recovered, and that it must be picked up within three (3) days or the cat will be sold or destroyed in the most humane way possible IMPOUNDMENT NOTICE AND DISPOSAL AUTHORITY FOR UNCLAIMED CATS Upon impoundment of a cat without identification, unless recovered by the owner, said cat may be sold or destroyed in the most human manner possible after the expiration of three (3) days from the time when notice of apprehension and impoundment was given or posted CONTROL OF DISEASED CATS Any cat which has been diagnosed by a licensed veterinarian to be suffering from rabies or a dangerous contagious disease shall not be released, but may be destroyed forthwith or otherwise held or disposed of according to the recommendation of the veterinarian.

56 CHAPTER 3-4 LIVESTOCK AND/OR ANIMALS IN GENERAL LIVESTOCK AS A TERM DEFINED The term 'Livestock' shall mean any animal which is raised for normal agricultural purposes, including, but not exclusively, hogs, cattle, sheep, horses, chickens, etc LIVESTOCK EXCLUDED WITHIN CITY LIMITS No person shall be permitted to keep livestock of any kind within City limits except temporarily or in connection with the buying or selling of the same LIVESTOCK PREMISES Under the exception which is laid out in the Garretson City Code, 3-4-2, whenever a person keeps livestock within City limits, he or she will maintain a premise for said livestock in a health manner, keeping the area sanitary by controlling noxious odors, and flies or other pests LIVESTOCK CONFINEMENT Anyone who has livestock under the section exception shall keep the same from running at large RELEASING SHELTERED ANIMALS No person shall unlawfully release, or assist in releasing, any dog, cat or other animal from the City impoundment facility. A violation hereof shall be punishable by a maximum fine of $ HAY AND/OR STRAW No hay or straw shall be piled outdoors within the platted portions of the City of Garretson. Such hay and/or straw is hereby declared to be a nuisance CRUELTY TO ANIMALS It is unlawful for any person to overdrive, overload, overwork, torture, torment, deprive of necessary sustenance, cruelly beaten or mutilated, or cause to procure to be so overdriven, overloaded, overworked, tortured, tormented, deprived of necessary sustenance, cruelly beaten or mutilated, any animal and whoever having the charge or custody of any such animal, either as owner or otherwise, fails to provide such animal with proper food, drink and shelter or protection from the weather PERMITTING ANIMALS TO BE BADLY TREATED It is unlawful for every owner or person having the care or custody of any animal to knowingly and wilfully authorize or permit the animals to be subject to or suffer unnecessary torture or cruelty.

57 3-4-9 USING DISABLED ANIMALS It is unlawful for every owner, driver, possessor or person having charge or custody of any old, maimed, disabled or diseased animal to cruelly work the animal when unfit to work or cruelly abandon the animal LIMITATION ON RUCHING ANIMALS TO POSTS It shall be unlawful for any owner, possessor or person having the charge of any horses, mules or oxen to hitch them to a post or hitching place within the city for a longer period of time than six (6) hours at any one (1) time LIVESTOCK INFECTED WITH RABIES Any person who shall suspect that any animal in the city is infected with rabies shall report the animal to the poundmaster, the police department or the health authority, describing the animal and giving the name and address of the owner, if known. No person shall knowingly harbor or keep any animal infected with rabies or any animal known to have been bitten by an animal known to have been infected with rabies. Veterinarians receiving information or reports of suspected rabies in wild animals or domestic animals shall report such information to the health authority or the police department of the city. Physicians within the city, immediately upon treatment of any person bitten by such animal, shall report such information to the health authority or the police department of the city. Any rabid animal may be destroyed by the police or order of the health authority upon written authorization of the health authority UNLAWFUL TO POISON It shall be unlawful for any person to willfully or maliciously administer or cause to be administered poison of any sort whatsoever to dogs or cats which are the property of another, with the intent to injure or destroy such dogs or cats or to willfully or maliciously or with intent place any poison or poisoned food where it is accessible to any such animal.

58 ORDINANCE #504 AN ORDINANCE TO PROVIDE FOR THE DISPOSITION OF ABUSED ANIMALS BE IT ORDAINED BY THE CITY OF GARRETSON that Section 13 of Chapter 4 of Title 3 be adopted to provide for a method of disposition of abused animals to read in its entirety: DISPOSITION OF ABUSED ANIMALS In cases where an animal or animals have been seized by the animal control officer based upon cruelty, neglect or abandonment, such animal may be adopted to another owner or humanely euthanized thereby extinguishing all property rights of the existing owner following the procedures as hereinafter provided: a. Upon seizure of the animal or animals, the animal control officer shall serve notice upon the existing owner, if the identity of said existing owner Ls known, informing said existing owner of the animal control officer's intent to have said animal disposed of. b. The existing owner shall have three (3) business days to: 1. Declare in writing and deliver to the animal shelter keeping said animal or animals a) Notice of said existing owner's intent to maintain ownership of the animal or animals and to object to the adoption or euthanasia thereof, and; b) Notice that said existing owner's shall pay when due all impoundment, board and veterinary costs until such time as the animal or animals shall be released to said existing owner or be adopted or euthanized. 2. Pay all impoundment, board and veterinary costs, up to the date of the owner's declaration of intent to maintain his ownership of said animal or animals to the animal control shelter. c. Upon notification of said existing owner's intent to maintain ownership of the animal or animals and the objection to the adoption or euthanasia thereof said existing owner shall continue said payments to the animal control shelter for impoundment, board and veterinary costs on a weekly basis until such time as the animal or animals shall be released to said existing owner or be adopted or euthanized. If the existing owner of the animal or animals fails to declare the hereinbefore stated intent or fails to make any payment in a timely manner, or if the identity of said existing owneris unknown or notification to said existing owner cannot be made, ownership of the animal or animals will revert to the animal shelter.

59 All Ordinances or parts of Ordinances in conflict with the foregoing are hereby repealed. That this Ordinance is necessary for the immediate preservation of public peace, health or safety or support of the municipal government and its existing public institution and shall take effect upon passage. First Reading: February 13, 1996 Second Reading and Approval: March 11, 1996 Publication: March 21, 1996 Effective Date: March 11, 1996

60 TITLE THREE ANIMALS Chapter 3-1 Chapter 3-2 Chapter 3-3 Chapter 3-4 Chapter 3-5 Definitions Dogs Cats Livestock Animal Drawn Conveyances CHAPTER 3-1 DEFINITIONS DEFINITIONS IN GENERAL Words, when used in this chapter, unless the context otherwise plainly refers, shall have the meaning indicated: At Large: Dog: Leash: Owner: Premises: Qualified Vaccination: Veterinarian: Means off or outside of the premises belonging to the owner or keeper of such dog and not under the control of such owner, possessor, or keeper, or the agent or servant or member of his immediate family, by means of a leash, cord or chain not to exceed ten (10) feet in length, provided that an unleashed dog off the owner's premises shall not be deemed at large if he is under the immediate control of the owner of his agent. Means any member of the canine family, both male and female. Means a cord, thong, or chain not more than ten (10) feet in length by which a dog is controlled by the person accompanying it. Means a person owning, keeping or harboring a dog; the occupant of any premises to which a dog customarily returns is presumed to be the owner. Means the dwelling house and outbuildings and the lot or tract of land on which the same are situated and shall include an automobile or other vehicle in which the owner of the dog shall be an occupant or of which he shall have control, or in which any dog shall be situated with the consent of the owner of the vehicle. Means any person granted a permit by the governing body of the city to vaccinate animals against rabies. Means the injection by a veterinarian or other qualified person of vaccine approved by, and administered in accordance with, the provisions of this article and the resolutions of the governing body of the city. Means any licensed practitioner of veterinary medicine licensed to practice such profession in the state. Page 3-1

61 Legislative History: Authority: 2001 revisions SDCL , ; See Also SDCL Page 3-2

62 CHAPTER 3-2 DOGS LICENSING DOGS Every household within the corporate limits of the City owning or possessing a dog of the age of six months or more shall pay the City Finance Officer an annual license fee in the sum of $5.00. Any household with more than one dog shall pay the City Finance Officer annually, $7.50 for the next or second dog and $25.00 for every additional dog thereafter. Such annual license fees shall be paid on or before the first day of May of each year, and the City Finance Officer shall, upon payment and upon sufficient proof of the required rabies vaccination issue the owner thereof a license tag. Such license tags shall be immediately attached to such dog by means of a collar or other reasonable permanent method. The purpose of this statute is to the healthy and safety of the citizens and to prevent the nuisance of multiple dog ownership. A fine of twentyfive dollars ($25.00) per dog shall be imposed for failure to license each dog by the first day of May each year. Legislative History: Authority: 2001 revisions. SDCL Law Review: The nuances of nuisance: Forty cats are too many: Collateral References: SDCL Chapter generally Four, just enough; 5 SD L Rev 86 (1960). Constitutionality of dog laws, 49 ALR 847 Dogs as nuisance, 79 ALR 1060; 11 ALR3d CONDITIONS FOR A DOG LICENSE As a condition to the issuance of a dog license, the person making such application shall furnish a certificate from a licensed veterinarian that the dog sought to be licensed has been vaccinated for and made immune to rabies within the previous year. Legislative History: Authority: 2001 revisions. SDCL Cross References: Collateral References: The Ipswich City Code, Title 13-2 SDCL Chapter generally Ordinance No RABIES VACCINATIONS IN GENERAL On or before July 1 of each year, every owner shall have his dog or cat vaccinated against rabies, except that in all cases where an animal shall have been properly vaccinated with the type of vaccine known as the modified live virus of chick embryo origin or other type vaccination having a longer immunization period and approved by resolution of the governing body of the city, the vaccination required by this section need not be repeated during the time for which the dog is effectively immunized as determined by the veterinarian or other qualified person granting a permit under this title. Legislative History: Authority: Ordinance No SDCL , , Collateral References: SDCL Chapter generally Page 3-3

63 3-2-4 OUT OF STATE ANIMALS Any owner who has had his dog vaccinated against rabies in another state or municipality by the proper authority therein shall not be required to have such dog re-vaccinated during the current year when brought into this municipality provided that the requirements of such state or municipality under which the vaccination was made were of a standard which is equal or greater than those required by this article, and further provided that such dog wears a tag affixed to his collar or harness bearing the date of such vaccination. Legislative History: Authority: 2001 revisions. SDCL , , Collateral References: SDCL Chapter generally CERTIFICATES AND TAGS A veterinarian or qualified person, who vaccinates the dog, shall issue to the owner thereof a vaccination certificate. The vaccination certificate shall be prepared and issued in triplicate; one copy is to be retained by the issuing veterinarian or other qualified person. A second shall be given to the City Finance Office; the third may be kept by the dog's owner. Each certificate shall bear the name and address of the veterinarian or other qualified person who issued it and a statement containing the description and the kind and name of the dog immunized, the type of vaccine used, the date of the vaccination, the date on which the period of effective immunization will expire, and the serial number. The veterinarian or qualified person shall also furnish each owner with a metal tag bearing the certificate number and the year of vaccination. Said tag shall be affixed by the owner of the dog to the collar or harness of the said dog for which the certificate was issued. No one except the owner or his duly authorized agent shall remove the collar with the attached tag from the dog. A fine of $25.00 per dog shall be imposed for failure to vaccinate a dog as required herein. Legislative History: Authority: 2001 revisions SDCL , , Collateral References: SDCL Chapter generally QUARANTINE Whenever the governing body of the city or the health officer thereof, has reason to believe that there is danger that rabies may spread within the municipality, the City Council shall publish a notice requiring owners of dogs, and other specified animals in the area designated to confine the animals for such period as may be necessary to prevent the spread of rabies. The board of health, or health officer appointed by the governing body of the city or the governing body shall have the authority to quarantine for a period not to exceed ninety (90) days, any animal bitten by another animal known or suspected to have rabies, and to quarantine for a period not to exceed fifteen (15) days, any animal which has bitten a human being or which exhibits symptoms of rabies. Whenever a dog dies with rabies or is destroyed because of its having been suspected of being rabid, the owner thereof, whether the dog has been previously quarantined or not, shall at his own expense, send the head of such dog to a proper laboratory for examination. Any confinement imposed shall be by means of a chain, and not a rope of sufficient strength to hold such an animal. Under these circumstances, any animal not confined is hereby declared to be a nuisance. Legislative History: Authority: Page 3-4

64 2001 revisions SDCL , BARKING OR HOWLING DOGS Dogs which bark and/or howl excessively, whether during day light or night time hours, within city limits, are hereby declared a nuisance, and such a disturbance may be prevented after an appropriate resolution has been drafted by the City Council. Legislative History: Authority: Ordinance No. 295, SDCL Four Collateral References: Dogs as nuisances, 79 ALR 1060; 11 ALR3d Law Reviews: The nuances of nuisance: Forty cats are too many, just enough, 5 SD L Rev 86 (1960). Liability sustained when someone is frightened by a dog, 30 ALR4th FEMALE DOGS IN HEAT All female dogs kept within the city during periods of heat shall be confined to the premises of the owner, or if taken from such premises, shall be kept upon a leash. Legislative History: Authority: Ordinance No. 295, SDCL Collateral References: Law Reviews: Dogs as nuisances, 79 ALR 1060; 11 ALR3d The nuances of nuisance: Forty cats are too many, Four just enough, 5 SD L Rev 86 (1960) DOGS RUNNING AT LARGE It shall be unlawful for any person, firm or corporation to allow any dog, owned, controlled or harbored by said persons, firm or corporation, to run at large on the streets, alleys or property of any other person within the city limits of Ipswich, South Dakota. Such a dog shall be declared a nuisance, and in abatement, may be destroyed. Any person having a dog within the city limits shall have it tied, leased, or otherwise controlled upon their property, the dog cannot run at large off the property. It shall be unlawful for any person to allow a dog off the premises without the animal being held in leash. Violation of this ordinance shall result in a fine of not less than five dollars ($5.00) nor more than one hundred dollars ($100.00). Legislative History: Authority: Ordinance No. 295, SDCL ; Compare SDCL Cross Reference: Collateral References: The Ipswich City Code Constitutionality of dog laws, 49 ALR 847. Dogs as nuisance, 79 ALR 1060; 11 ALR2d Law Reviews: Dog owners liability for damages from a motor accident The nuances of nuisance: Forty cats are too involving attempt to avoid a collision with a dog on many; Four just enough; 5 SD LRev 86 the highway, 41 ALR3d 888. (1960). Liability sustained when someone is frightened by a dog, Page 3-5

65 30 ALR4th 986. Opinions of the Attorney General: Liability when dog bites a veterinarian or a veterinarian's Recovery of damages done by dogs, Report employee, 4 ALR4th , p Trespasser, liability of owner of dog known by him to be vicious for injuries to, 64 ALR3d Construction and application of ordinances relating to unrestrained dogs, cats or other domestic animals, 1 ALR4th LEASH: DEFINITION OF A leash according to this title is a chain not more than ten (10) feet in length, of sufficient strength to control the dog. A dog in an automobile is considered on the owner's property. Legislative History: Authority: 2001 revisions SDCL , VICIOUS DOGS: DEFINITION OF; CONFINEMENT AND GENERAL RULE Any dog who has bitten a person or who has the propensity to attack or bite human beings is hereby defined to be fierce, dangerous and vicious. No dog with the above mentioned propensities shall be allowed to run at large upon the premises of any person other than the owner. If such an animal is found to be running at large, it shall be impounded, and shall not be released except upon the approval of the chief of police, after the payment of fees set forth to cover the costs of impounding. Any dog with the above mentioned propensities, which cannot be impounded safety may be immediately destroyed by any law enforcement officer acting in the line of duty. Legislative History: Authority: Ordinance No. 295, SDCL , , Collateral References: Liability sustained when someone is frightened Damages for killing or injuring dog, measure elements and by a dog, 30 ALR4th 986. amount of, 1 ALR3d Liability when dog bites a veterinarian or a Destruction of dogs, validity of statute providing for, 56 veterinarian's employee, 4 ALR4th 349. ALR2d Trespasser, liability of owner of dog known Domestic animal or fowl, liability for killing dog to protect, by him to be vicious for injuries to, ALR 689. ALR3d Trespassing dog, landowner's civil liability for killing or Construction and application of ordinances, injuring, 15 ALR2d 378. relating to unrestrained dogs, cats or other Trespassing dog, owner's presence as affecting liability for domestic animals, 1 ALR4th 994. killing, 42 ALR IMPOUNDMENT: GENERAL RULES AND DISPOSITION A. Any dog found in the city in violation of any of the provisions of this Article shall be impounded by any law enforcement officer of the city or by any person appointed by the governing body of the city as its agent and employee for that purpose, and placed in the city animal pound or other suitable place provided by the city for that purpose. The Chief of Police or any officer of the Police Department or the animal control officer appointed by the governing body shall, within twenty-four (24) hours following the Page 3-6

66 impounding of such dogs, notify the owner of the animals having been impounded and of its confinement in the custody of the city. If the owner of the animal is unknown, such police officer shall post written notice in the City Finance Office, describing the animal and stating a time and place where the animal was apprehended, and how the same may be recovered by the owner. B. Unless the dog is recovered and all charges paid for its upkeep by the owner or person having charge thereof, and unless such dog is registered and licensed as provided by this Code, it shall be sold or destroyed in the most humane manner possible after the expiration of forty-eight (48) hours from the time when notice is posted stating that the dog was apprehended and impounded; Provided, however, that any dog which has been diagnosed by a licensed veterinarian to be suffering from rabies or any dangerous contagious disease, such animal shall be immediately destroyed. C. The Chief of Police or any animal control officer appointed by the governing body shall collect a sum to be determined by the City Council for each dog impounded and the additional sum per day, for keeping any dog which has been apprehended or impounded, and such officer shall not release any dog until such charges have been paid, and until said dog has been duly registered and licensed, if need be, as provided by this title. Legislative History: Authority: Ordinance No. 295, 7-4-7, SDCL , State Law References: SDCL , Collateral References: Damages for killing or injuring dog, measure elements and amount of, 1 ALR3d 997, Destruction of dogs, validity of statute providing for, 56 ALR2d Domestic animal or fowl liability for killing dog to protect, 10 ALR 689. Trespassing dog, landowner's civil liability for killing or injuring, 15 ALR2d 378. Trespassing dog, owner's presence as affecting liability for killing, 42 ALR RIGHT OF ENTRY IN PURSUANT When in immediate pursuit of any dog found to be at large in the city, a city police officer or other person designated by the governing body to apprehend offending dogs, may enter upon the premises of the owner of such offending dog for the purpose of apprehending such dog, provided that, for purposes of this section, the word premises shall not be construed to include the inside of any dwelling or any other building. Legislative History: Authority: 2001 revisions SDCL , Cross References: Trespasser, liability of owner of dog known by him to be vicious for injuries to, 64 Page 3-7

67 ALR3d Construction and application of ordinances relating to unrestrained dogs, cats or other domestic animals, 1 ALR4th ENFORCING OFFICER OR CITY AGENT DEFINED Any animal control officer appointed by the Chief of Police shall be defined as an agent of the city, or as an enforcing officer, both of which shall have power under this title. The Chief of Police may choose himself when filling this post. Legislative History: Authority: 2001 revisions SDCL , , , INTERFERENCE WITH PUBLIC OFFICIALS It shall be unlawful for any person, firm, or corporation to interfere with, or hinder any official in the performance of his official duties or to release any animal held in custody of the city. Any violation of this ordinance shall constitute a misdemeanor punishable by fine of not less than twenty-five dollars ($25.00) nor more than two hundred dollars ($200.00) or confinement in the county jail not to exceed thirty (30) days or both fine and imprisonment. Legislative History: 2001 revisions Page 3-8

68 CHAPTER 3-3 CATS AUTHORITY TO CATCH AND IMPOUND The city police officer or an animal control officer of the city is hereby authorized, upon complaint of a resident of said city, to catch upon the property of the complainant, such cats as may be causing a nuisance thereon and impound such cats in a suitable place for the care of the animal. Legislative History: Authority: 2001 revisions. SDCL IMPOUNDMENT, NOTICE AND DISPOSAL AUTHORITY FOR IDENTIFIED CATS Upon impoundment of a cat without identification, the animal control officer shall, within twenty-four hours of such impoundment, notify the owner of the cat's impoundment, how the cat may be recovered, and that it must be picked up within forty-eight (48) hours or the cat will be sold or destroyed in the most humane way possible. Legislative History: Authority: Ordinance No. 295, 7-4-7; 2001 Revisions. SDCL IMPOUNDMENT NOTICE AND DISPOSAL AUTHORITY FOR UNCLAIMED CATS Upon impoundment of a cat without identification, the animal control officer shall post a written notice at the City Finance Office in the city, describing the cat and stating the approximate time and place where such cat was apprehended, and how the same may be recovered by the owner. Unless recovered by the owner, said cat may be sold or destroyed in the most humane manner possible after the expiration of forty-eight (48) hours from the time when notice of apprehension and impoundment was given or posted. Legislative History: Authority: Ordinance No. 295, 7-4-7; 2001 Revision SDCL CONTROL OF DISEASED CATS Any cat which has been diagnosed by a licensed veterinarian to be suffering from rabies or a dangerous contagious disease shall not be released, but may be destroyed forthwith or otherwise held or disposed of according to the recommendation of the veterinarian. Legislative History: Authority: 2001 revisions. SDCL RELEASING SHELTERED ANIMALS No person shall unlawfully release, or assist in releasing, any dog, cat or other animal from the city impoundment facility. A violation hereof shall be punishable by no more than two hundred dollars ($200.00). Legislative History: Authority: 2001 revisions. SDCL Page 3-9

69 3-3-6 LICENSING CATS Every household within the corporate limits of the City owning or possessing a cat of the age of six (6) months or more shall pay the City Finance Officer an annual license fee in the sum of $5.00. Such annual license fees shall be paid on or before the first day of May of each year, and a license shall be issued upon sufficient proof to the Finance Officer, that said animal has been properly vaccinated for rabies. Legislative History: Authority: Ordinance No. 295, Chapter 7-4. SDCL FEMALE CATS IN HEAT All female cats kept within the city during periods of heat shall be confined to the premises of the owner, or if taken from such premises, shall be kept in a kennel. Legislative History: Authority: Ordinance No. 295, SDCL revisions Four Collateral References: Law Reviews: Dogs as nuisances, 79 ALR 1060; 11 ALR3d The nuances of nuisance: Forty cats are too many, just enough, 5 SDCL Rev 86 (1960). Page 3-10

70 CHAPTER 3-4 LIVESTOCK LIVESTOCK DEFINED The term "livestock" shall mean any animal which is raised for normal agricultural purpose. The term does not include rabbits, but does include, although not exclusively, hogs, cattle, sheep, horses, chickens, etc. Legislative History: Authority: Ordinance No. 295 Chapter 8-6 SDCL Chapter generally; See Also LIVESTOCK EXCLUDED FROM CITY LIMITS No person shall be permitted to keep livestock of any kind within city limits except temporarily (24 hours) or in connection with the buying or selling of the same. Legislative History: Ordinance No Authority: SDCL Chapter generally LIVESTOCK PREMISES Under the exception which is laid out in above, if a person does keep livestock within city limits, he or she shall maintain the premises in a healthful manner, keeping the area sanitary by controlling noxious odors, files and other pests therein. Legislative History: Authority: 2001 Revisions. SDCL and Chapter generally Collateral References: Running at large defined, See SDCL Legal fence, See SDCL Chapter 43-33, LIVESTOCK CONFINEMENT Anyone having livestock under the Ipswich City Code exception, must keep the same from running at large. Legislative History: Ordinance No Authority: SDCL , , and Chapter generally Collateral References: Case Law: Running at large defined, See SDCL Till v. Bennett, 281 NW2d 276 (1979) (This was decided prior Legal fence, See SDCL Chapter 43-33, to the 1978 amendment, see SDCL ); Strict liability Castration of animals running at large, See for trespassing livestock, no contributory negligence. SDCL Hall V. Umiker, 87 SD 362, 209 NW2d 361 (1973); Measure of Liability for personal injury or death caused damages strict liability by trespassing or intruding livestock, 88 ALR2d Moore v. Person, 21 SD 290, 111 NW 633 (1907); In animal 709. trespassing, plaintiff need not prove his lands were enclosed by Liability of owner for damages from escape a lawful fence. of animals, 23 ALR 265. Liability as a result of a motor vehicle collision with a domestic animal at large, 29 ALR4th 431. What constitutes willful trespass by stock on Page 3-11

71 land not enclosed by legal fence, 158 ALR 375. CHAPTER 3-5 ANIMAL DRAWN CONVEYANCES ANIMALS USED FOR BUSINESS Individuals operating an animal drawn conveyance for amusement or fee within the city of Ipswich shall obtain a license to conduct such business. The license fee will be fifty-dollars ($50.00) and must be renewed annually. Legislative History: Authority: 2001 Revisions SDCL , and INSURANCE FOR LIABILITY PURPOSES All persons operating a business under must acquire public liability insurance in an amount to be determined by the town council. The insurer must insure himself, employees and the town of Ipswich against liability for personal injury, death or property damage arising out of the ownership, occupancy or use of animals upon the public right of way. Legislative History: Authority: 2001 Revisions SDCL , , REQUIRED APPARATUS FOR ANIMALS All persons operating a business with the use of animals under shall place bags or other apparatus around the animals to prevent manure droppings upon the city right of way. Legislative History: Authority: 2001 Revisions SDCL Page 3-12

72 CITY OF TEA ORDINANCES Chapter 7. ANIMALS SECT COMPULSORY LICENSING OF ANIMALS. (a) License Required. Each animal over the age of three (3) months shall be licensed by the City. (b) Application for License. The owner or keeper of any animal six months of age or older, shall submit to the Finance Office a license application for each animal, the license fee and rabies immunization certification (c) Terms and License fees. The initial license fee shall be Six Dollars ($6.00) for a new license and Three Dollars ($3.00) for each year thereafter. The City Common Council shall set the terms and the cost of the licenses periodically by resolution. (d) Display of Tag. An animal shall at all times display the license tag. The license shall be worn by all animals on a collar, harness, or chain when off the premises of the owner. If the animal wears a collar or harness, the license tag shall be affixed to the collar or harness in a manner to allow the tag to be easily seen. (e) Notification of loss or death of animal. The owner or keeper of the animal shall notify the City of the loss or death of such animal. SECT COMPULSORY IMMUNIZATION OF ANIMALS FOR RABIES. (a) Compulsory Immunization of Animals for Rabies. Every dog, cat, or other animal held as a domestic pet in the City, six (6) months of age or older, shall be immunized against rabies by a licensed veterinarian or other qualified person designated by the City Council. Immunization against rabies shall be given at such intervals to guarantee immunity, and the minimum time period between vaccinations shall be determined by the available vaccine and based upon the recommendations and approval of the State Veterinarian. (i) Any owner acquiring a dog, cat, or other animal by purchase, gift, birth, or otherwise, shall have such animal immunized against rabies within one (1) month following acquisition or when such animal reaches the age of six (6) months. (ii) Any animal impounded shall not be released by the Pound Master to any person until such animal has been immunized against rabies, provided, however, no animal so impounded shall be immunized if the owner can present a certificate 30

73 CITY OF TEA ORDINANCES of a current immunization having been previously performed. (iii) All veterinarians or other qualified persons designated to immunize animals against rabies shall provide the owner at the time of immunization with a certificate or metallic tag showing the date of the immunization. (iv) Whenever metallic tags are so given for immunizations, such metallic tags shall be worn by all animals on a collar, harness, or chain when off the premises of the owner. SECT RESPONSIBILITY OF OWNING, MAINTAINING OR ATTENDING ANIMALS, FOWL AND INSECTS (a) Diseased Animal Restriction. No person shall create or maintain any condition or operation 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 transmission of diseases from animals or insects to man. (b) Defecation Restriction. 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. (c) Fecal Cleanup requirement. 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 section. Ord. 32 SECT RESPONSIBILITY OF OWNER TO PLACE ANIMAL FOR OBSERVATION. (a) Responsibility of owner to Place Animal for Observation. When any person owning or harboring a dog, cat or other animal has been notified that said animal has bitten or attacked any person, the owner shall within twenty-four (24) hours place the animal under the care and observation of the Pound Master or a licensed veterinarian for a period not less than ten (10) days. (i) At the end of the ten (10) day observation period, the animal shall be examined by a licensed veterinarian and if cleared by the veterinarian, may be reclaimed by the owner upon paying the expenses incident thereto. (ii) Any animal impounded or placed for observation, showing active signs of rabies, suspected of having rabies, or known to have been exposed to rabies, shall be confined under competent observation for such time as may be deemed 31

74 CITY OF TEA ORDINANCES necessary to determine a diagnosis. (iii) Any person who shall suspect that any animal in the City is infected with rabies, shall report said animal to the Animal Control, Pound Master, the Police Department, or other health authority, describing the animal and giving the name and address of the owner if known. (iv) No person shall knowingly harbor or keep any animal infected with rabies or any animal known to have been bitten by an animal known to have been infected with rabies. (v) Any person within the City receiving information or reports of suspected rabies in wild animals or domestic animals shall report such information to the Police Department of the City. (vi) Any rabid animal may be destroyed by the Pound Master or Police Department. (vii) Whenever the veterinarian, Police Department, Animal Control, Pound Master or Police Department shall have determined that there is danger of the existence or spread of rabies in the City, such facts shall be made known to the City Council in writing. The Council, upon receipt of said 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 (48) hours after the publication of said 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 said animals fail. All animals seized and impounded shall be held for observation as hereinbefore provided for not less than ten (10) days, and if cleared by a licensed veterinarian, may be claimed by the owner upon paying the expenses incidental thereto. Any animal not claimed may be disposed of as hereinbefore provided. SECT DISTURBANCE OF PEACE BY ANIMALS. The owner or custodian of an animal shall not allow such animal to create a disturbance by making a load noises at any time of the day or night. Upon complaint, such owner will be notified by the Police Department and said owner shall abate such nuisance. If convicted upon failure to abate such nuisance, said owner will be guilty of further violations, for each day that such condition is allowed to exist or goes uncorrected. Any officer may remove and impound any animal which is disturbing the peace when the owner of the animal can not be located. A notice advising the owner of the impoundment shall be left at the premises. 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 pubic or private property except for controlled breeding purposes. 32

75 CITY OF TEA ORDINANCES SECT SECT STRAY, ABANDONED, OR UNKEPT ANIMALS. No person shall harbor or keep any stray animals within the City. Animals known to be strays shall be reported to the Police Department immediately. It shall be unlawful to abandon animals. DANGEROUS ANIMALS. (a) Dangerous Animals. The following animals are hereby declared to be dangerous animals. (i) An Animal may be declared vicious by the health authority or the attending physician of the victim of an animal bite or scratch in cooperation with the health authority, after taking the following into consideration: (ii) The nature of the severity of the incident 1) Whether the animal has shown a propensity to display dangerously aggressive behavior and is able or likely to inflict injury to another person or animal. 2) After such declaration, the owner of the animal shall be notified in writing of the declaration and shall not allow the animal off the premises of its owner unless muzzled and on a leash and in charge of a person over sixteen (16) years of age. Any vicious animal found off the premises of its owner, other than provided in this article, shall be seized by the animal control officer or police officer and impounded. SECT DANGEROUS ANIMAL LICENSING. (b) Dangerous Dog Requirements. All owners of a dangerous animal are required to: (i) Annually renew a dangerous animal license which must have been obtained prior to enactment of the ordinance, (ii) Proves that the animal has been spaded or neutered and has been vaccinated against rabies, (iii) (iv) Keeps the animal confined or securely leashed and muzzled; Maintains a $100,000 in liability insurance; and (v) Any additional requirements as may be set by resolution of the City Common Council. (c) Dangerous Animal License. All dangerous animals must have a dangerous animal license in addition to the regular license. An application for such license may be obtained from the City 33

76 CITY OF TEA ORDINANCES Finance Office. The license fee for the dangerous animal license shall be set by the City Common Council annually. SECT BANNING OF SPECIFIC BREEDS OF DOGS: (d) Banned Breeds or dogs. Banned breeds or dogs are banned entirely and may not owned or in the City of Tea, South Dakota. Banned breeds or dogs are defined as any one of the following: (i) (ii) (iii) American Pit Bull Terrier; Staffordshire Bull Terrier; American Staffordshire Terrier; (iv) Any dog whose sire or damn is a dog or a breed which is defined as a banned breed or dog herein; (v) Any dog whose owner registers, defines, admits, or otherwise identifies said dog of being of a banned breed; (vi) Any dog conforming, or substantially conforming, to the breed of American Pit Bull Terrier, American Staffordshire Terrier, or Staffordshire Bull Terrier as defined by the United Kennel Club or American Kennel Clubs; or (vii) Any dog which is of a breed commonly referred to as Pit Bull and commonly recognized and identifiable as such; (viii) SECT Any dangerous dog which is found at large. Dogs owned as of date of May 22, 1996 the owner of a previously licensed Pit Bull may keep the dog only if the owner complies with the dangerous animal licensing requirements. RUNNING AT LARGE PROHIBITED. (a) Definition and Penalties. No owner of any dog, cat, or other animal held as a domestic pet in the City shall permit such animal to run at large at any time, and any such animal found at large may be impounded as hereinafter provided and/or such owner may be penalized as provided in the provisions of this ordinance. The term running at large shall mean intentionally left outside of the enclosure of a legal fence, and off of the lands owned or controlled by the owner of such animal. (i) The City Council shall be authorized to appoint some person or persons, whose duty it shall be to impound any animals running at large, contrary to the provisions of this Title. Any police officer will likewise have such power. Upon impounding, the owner of such animal may at any time within three (3) working days after the same shall have been impounded, reclaim the animal by paying the 34

77 CITY OF TEA ORDINANCES expense of keeping such animal. If any animal so impounded shall not be reclaimed within three (3) working days and all efforts to locate the owner have failed, the Pound Master is authorized to destroy, sell, or otherwise dispose of such animal. (ii) No person shall hinder, delay, or obstruct the Pound Master, his assistants or any law enforcement officer when engaged in capturing, securing or impounding any animal or animals. (iii) The City Council shall be authorized to enter into a contract with some person, association or Humane Society to establish, operate and maintain an Animal Pound in and for the City of Tea. Such contract shall provide for the appointment of a Pound Master and his duties, for the enforcement of this Title, for the impounding, destroying and disposal of animals, for a schedule of fees to be charged for services rendered, and for a monthly amount to be paid by the City. The City may, in lieu of the provisions of this section, maintain its own impoundment area or quarters, under the supervision of the City Council. (iv) Any owner allowing their animal to run at large as defined in the provisions of this section, if convicted, shall be guilty of a misdemeanor. (b) Fines. (i) The fines for animals running at large are as follows: 1) First offense shall be Fifty Dollars ($50) plus court costs. 2) Second and offenses thereafter shall be One Hundred Dollars ($100) plus court costs. (ii) The fines shall not include the cost of housing the animals, which costs shall be paid to the entity housing the animals. SECT SECT CRUELTY TO ANIMALS. No person shall willfully or negligently mistreat or abuse or neglect in a cruel or inhumane manner any animal or fowl. 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 such animal, or to willfully or maliciously place any poison or poisoned food where the same is accessible to any such animal. (SDCL ) DISPOSITION OF ABUSED ANIMALS. In cases where an animal or animals have been seized by the animal control officer based upon cruelty, neglect or abandonment, such animal may be adopted to another owner or humanely euthanized thereby extinguishing all property rights of the existing owner following tile procedures as hereinafter provided: Upon seizure of the animal or animals, the animal control officer shall serve notice upon the existing owner, if the identity of said existing owner is known, 35

78 CITY OF TEA ORDINANCES informing, said existing owner of the animal control officer s intent to have said animal disposed of. (a) Time limit for owner. The existing owner shall have three (3) business days to: (i) Declare in writing and deliver to the animal shelter keeping said animal or animals: 1) Notice of said existing owner s intent to maintain ownership of the animal or animals and to object to the adoption or euthanasia thereof, and; 2) Notice that said existing owner shall pay where due all impoundment, board and veterinary costs until such time as the animal or animals shall be released to said existing owner or be adopted or euthanized. (ii) Pay all impoundment, board and veterinary costs up to the date of the owner s declaration of intent to maintain his ownership of said animal or animals to the animal control shelter. (b) Intent to maintain ownership. Upon all notification of said existing owner s intent to maintain ownership of the animal or animals and the objection to the adoption or euthanasia thereof said existing owner shall continue said payments to the animal control shelter for impoundment, board and veterinary costs on a weekly basis until such time as the animal or animals shall be released to said existing owner or be adopted or euthanized. (c) Failure to notify. If the existing owner of the animal or animals fails to declare hereinbefore stated intent or fails to make any payment in a timely manner, or if the identity of said existing owner is unknown or notification to said existing owner cannot be made, ownership of the animal or animals will revert to the animal shelter. SECT SECT LIVESTOCK & POULTRY IN CITY. No person shall keep or maintain any building or enclosure where livestock is kept, unless the same be at all times kept in a clean and sanitary condition. No person shall place, keep, or maintain any live hogs within the City. (SDCL ) IMPOUNDMENT. (e) Impoundment Facility. The City is authorized to maintain its own impoundment area or quarters, under the supervision of the City Council. The City may also enter into a contract with any person, business or association to operate and maintain an impoundment 36

79 CITY OF TEA ORDINANCES facility for the City. The contract may be on such terms as the City Common Council determines. (f) (g) (h) (i) (j) Impoundment and destruction of animal. Whenever an animal has been seized and impounded, the owner has three (3) business days to claim the animal by paying the impoundment fee, paying any fines imposed and by providing proof of immunization as required by City Code. Notice to owners of licensed animals. The City shall notify the owner of an animal who has been licensed within twenty-four (24) hours of the impoundment, if possible. Destruction of animals. If an impounded animal shall not be claimed and all efforts to locate such owner have failed, the City is authorized to destroy, sell or otherwise dispose of the animal. If the animal has been seized due to cruelty, neglect or abandonment, such animal may be disposed of after: Notice to owner of intent to dispose of animal. Notice shall be served upon the existing owner, if such identity is known, informing the owner of the intent to dispose of the animal. Notice of Objection to disposal. (i) The owner shall have three (3) business days after notice to the City of his or her objection to disposal, of intent to maintain ownership and intent to pay in full all impoundment and treatment costs. In addition, the owner shall pay all costs up to the date of notice of intent, including any fines and pays in advance weekly any costs of impoundment and treatment. If owner fails to comply with this section, the City may dispose of the animal. 37

80 CITY OF TEA ORDINANCES SECT KENNEL REGULATIONS (a) 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. (b) Definition of Kennel. Kennel shall be defined as any premises or portion thereon where dogs, cats, or other household pets are raised, trained, boarded, harbored or kept for remuneration. Veterinary clinics, animal hospitals and animal shelters are specifically excluded. (c) Kennels Require Conditional Use Permit. A kennel shall require a conditional use permit for all zoning districts of the City. (d) Kennels location. Kennels should be located in areas where the noise generated by such use would not be a nuisance or detrimental to adjacent properties. Generally, a fence separating the kennel operation from adjacent property owners shall be required. (e) Kennel License. All persons owning and operating a kennel shall obtain an annual kennel license. (f) Kennel License Fee. The annual kennel license shall be set by resolution by the common council. The initial fee shall be $100 until said fee is changed by resolution. 38

81 Rapid City v. Tuning, 82 SD 442, 147 NW2d 604 (1967) RAPID CITY, Appellant, v. TUNING, Respondent. [82 SD 442, 147 NW2d 604] South Dakota Supreme Court Appeal from Municipal Court, Rapid City, SD Hon. Harold E. Shaw, Judge #10330 Reversed Thomas P. Ranney, Rapid City, SD Attorney for Plaintiff and Appellant. No Appearance for Defendant and Respondent. Opinion Filed Jan 10, 1967 HOMEYER, Presiding Judge. Defendant was arrested and charged in the Municipal Court of Rapid City with the violation of a city ordinance which prohibited a dog from running at large. Prior to trial defendant [82 SD 443] made a motion to dismiss on jurisdictional grounds. 1 {fn1} The motion was granted 2 {fn2} and the city appeals. SDC provides: Every municipality shall have power: (47) To regulate or prohibit the running at large of dogs, animals, and poultry, to establish pounds, appoint poundmasters, and regulate the impounding of animals, and to impose a tax or license on dogs running at large. Section , as amended, of the 1962 Revised Ordinances of the City of Rapid City, which it is claimed defendant violated, reads: The owner shall keep his dog or cat under restraint at all times and shall not permit such dog or cat to be at large off the premises or property of the owner, unless under the control of a competent person. Other sections require that dogs kept within the city he licensed annually with a fee of $2.00 per dog and that the license tag issued to the owner be worn by the licensed dog. The ordinances also provide for impoundment of dogs, found running at large, whether or not licensed, redemption from impoundment if the owner is known or ascertainable, and destruction of impounded animals if no redemption is made, or citation of the owner for violations without impoundment. It is admitted that defendant s dog was properly licensed and the license tag was properly displayed. The legislature may regulate the keeping of dogs and may prohibit them from running at large, and it may also delegate that power to cities and other municipal corporations. City of Dickinson v. Thress, 69 ND 748, 290 NW 653; 4 AmJur2d., Animals, 23; 62 CJS Municipal Corporations 218. In the text, 7 McQuillin, Municipal Corporations, 3rd Ed., the author [82 SD 444] states the applicable legal principles. Sec.

82 24.284: Dog ordinances are to be found in most municipal corporations, and without doubt under municipal police power or a general welfare clause and in some instances under specific power, municipal corporations can enact such ordinances regulating and requiring dogs to be registered and licensed. Sec : Municipal corporations ordinarily may and frequently do prohibit under penalty the owner or keeper of dogs from letting them run at large and require that the owner or keeper confine his dog to his premises or keep it on leash. In Sentell v. New Orleans and Carrollton Railroad Company, 166 US 698, 17 SCt 693, 41 LEd 1169, the court said: It is purely within the discretion of the legislature to say how far dogs shall be recognized as property, and under what restrictions they shall be permitted to roam the streets. In Thiele v. City and County of Denver, 135 Colo. 442, 312 P2d 786, it was said: It is within the reasonable discretion of the legislative body to determine how and to what extent dogs running at large within a city should be restrained and disposed of. Hofer v. Carson, supra. Not only may they become a menace to health as carriers of disease, but as is common knowledge many dogs have a propensity to bite or frighten people, frequently create traffic hazards and destroy the flowers and shrubbery of suffering neighbors. The dog s achievement of a full property status has been coupled with the growth of modern city life with all its complexities. Traditional rights of citizens to keep livestock and fowl have been abolished altogether in most cities. It is only natural then that dogs, which historically have been the object of special restraints, should become even more restricted as to freedom of movement than in earlier times. Municipal corporations may also by ordinance require dogs within a city to be registered or licensed and impose a license fee or tax upon keeping them. 9 McQuillin, Municipal Corporations, 3rd Ed., Revised, Sec AmJur2d, Animals, 24: [82 SD 445] Reasonable statutes and ordinances providing for license fees on dogs are constitutional as a valid exercise of the police power of the state or municipality. It is within the power of a municipality to require all persons keeping dogs within the city limits to register and procure tags for them and to pay a fee therefor. The fee is generally considered a license for the purpose of controlling and regulating dogs, rather than a tax imposed for the sake of revenue.... State v. Tull, 1 Terry 179, 40 Del. 179, 8 A2d 17; City of Dickinson v. Thress, supra; Annotation 49 ALR 848. The genesis of the dog laws in this state goes back to territorial days when the board of trustees was empowered To restrain from running at large, cattle, swine or other animals and To levy and collect annually a tax of one dollar on each male dog and two dollars on each female dog owned and kept with such town. 3 {fn3} In 1887, when the legislature provided for the incorporation of cities, it empowered the city council To regulate, restrain, and prohibit the running at large of horses, cattle, swine, sheep, goats, geese, and dogs, and to impose a tax or license on dogs. 4 {fn4} The legislature when it adopted the 1919 Code placed dogs in a separate subdivision and made it applicable to every municipal corporation. 5 {fn5} Power to regulate other animals and poultry and provisions and regulations on pounds were placed in an immediately preceding subdivision. 6 {fn6} In the 1939 revision these two subdivisions were

83 combined and revised for brevity as SDC (47) supra. We believe it abundantly clear from the historic background of these statutes and the language employed, there was no legislative intent to have the enactment of an ordinance providing for a tax or license on dogs to operate as an exclusion [82 SD 446] of the power to otherwise regulate or prohibit dogs from running at large. The authority to license may be a means of regulation and control of the dog population within a city, but it is obvious that the passage of such an ordinance was not intended as a bar to other regulatory power of the city in the area of canine control. The city council had the power to enact ordinances to regulate or prohibit the running at large of dogs and to impose a tax or license. It could do either or both and the enactment of one did not exclude the other. Such is the language of the statute. Kalmbach v. City of Mobridge, 81 SD 158, 132 NW2d 293. We have been unable to find any parallel case involving the question on dog control here presented. However, we refer to several cases as indicative of judicial thought on the broad scope of the power of municipal corporations and other legislative bodies in this area. In Kovar v. City of Cleveland, Ohio App., 102 NE2d 472, 60 Ohio Law Abst. 579, state law provided for registration tags on dogs and city ordinance provided for muzzling of dogs by owners when they are permitted to run at large and for impoundment if found at large unmuzzled. The court said: The City has the right to impound unmuzzled dogs even though they may have been registered.... In Weeks v. City of Paragould, 230 Ark. 908, 328 SW2d 81, an ordinance made it unlawful for the owner of a dog to allow or permit a dog to run at large within city limits and the violation was made a misdemeanor. Another ordinance appears to have permitted impoundment. The court said: The fact that the dog might he impounded does not prevent the City from levying a fine against the person who permitted the dog to run at large..... See also Rose v. City of Salem, 77 Or. 77, 150 P. 276; Jeane v. Johnson, La.App., 154 So. 757; Pettus v. Weyel, Tex.Civ.App., 225 SW 191. The order of the trial court dismissing the complaint is reversed and the cause is remanded for further proceedings according to law. ROBERTS, HANSON and BIEGELMEIER, Judges, concur. RENTTO, Judge, not participating.

84 1 1. The motion read: Comes now Lynden D. Levitt, attorney for Defendant in the above entitled cause and respectfully moves the Court to dismiss the Complaint and charges pending against said Defendant for the reason that the powers as conferred upon municipalities by South Dakota Code of 1939, Chapter (47) permit the city to either regulate or prohibit the running at large of dogs or the licensing of dogs running at large and that the provisions of the 1962 Revised Ordinances of the City of Rapid City, Chapter as amended, is an exercise of powers beyond these permitted by the South Dakota Code as cited above in that the dog of the Defendant did at the time of the alleged offense and does now bear a 1965 licensing tag #368 and thereby the Municipal Court of Rapid City has no jurisdiction of the offense charged The court in granting the motion stated the city does not have power to license dogs and also prohibit said licensed dogs from running at large... and that this ordinance goes beyond the scope of the power given it by the sovereign state of South Dakota Revised Codes, Dakota, 1877, Ch. 24, Sec. 22, subdv. 5, 17. Idem. Dakota Compiled Laws, 1887, Sec. 1043, Subdv. 5, 17. The Revised Codes of South Dakota 1903, Sec. 1438, subdv. 5, Laws of Dakota, 1887, Ch. 73, Art. 4, Sec. 1, subdv. 64. Idem. The Revised Codes of South Dakota, 1903 Sec. 1229, subdv. 65; see also S.L. 1907, Ch. 86, Sec. 54, subdv. 65; S.L.1913, Ch. 119, Sec. 53, subdv. 65;S.L.1913, Ch South Dakota Revised Code 1919, Sec. 6169, subdv South Dakota Revised Code Sec. 6169, subdv. 37.