L-8 ANIMAL CONTROL

L-8-1 PURPOSE

The purpose of this chapter is to define the types of animals allowed and prohibited within the City of Fort Pierre, enumerate the exceptions and guidelines for these exceptions, describe the licensing requirements of the City of Fort Pierre, describe the types of animals that need to be licensed and terms of such licenses, and to establish rules regarding livestock within the City limits, undesirable animals, and policies related thereto, and to generally describe and enumerate offenses causes by animals, abusive animals, destruction, impoundment, and penalties for such violations. Any violation of this chapter shall be considered a public nuisance and penalties shall be provided therefore.

Authority: SDCL 9-29-1, 9-29-11, 9-29-12, 11-4-1, 40-2-5

L-8-2 DEFINITIONS

A. “Livestock” shall mean mammals or birds of a type which are typically kept for draft, production of food or the hides, plumage, or pelts of which are generally marketable. This includes, but is not limited to cattle, buffalo, sheep, goats, swine, poultry, mink, chinchilla, nutria, horses, donkeys, burros, and rabbits.

B. “Pets” shall mean mammals of a type generally housed in or near a human habitation and kept for companionship, protection, hunting, or show. This includes, but is not limited to dogs, cats, monkeys, and domesticated wild animals such as skunks and raccoons. Guide dogs are not pets.

C. “Feral animals” shall mean livestock or pets not effectively controlled by any person and exhibiting predatory, scavenger, or vicious tendencies.

D. “Wild animals” shall mean mammals, reptiles, or birds of a type not commonly domesticated, which are indigenous to this or other areas and not subject to immediate human control or restraint.

Source:

Authority: SDCL 9-29-1, 9-29-12

L-8-3 EXCEPTIONS

Pets may be kept, maintained, harbored, or in custody of a person with the City of Fort Pierre only if all of the following criteria are met:

A. The owner, keeper, or custodian of the pet has applied for and received a license for said pet as required herein.

B. A registration tag bearing the legible number of the license for the animal is securely fastened to the animal’s collar or harness and is clearly visible.

C. The animal is restrained by a leash, lead, tether, or chain fastened to an immobile object, or held in the hand of a person capable of controlling the animal, or is confined within a building, kennel, pen, run, or enclosure from which it cannot escape.

Source:

Authority: SDCL 9-29-12

L-8-4 PET LICENSES

Licenses as herein required shall be issued for individual animals when the following prerequisites are satisfied as to each animal.

A. Application is made to the City Finance Officer or his designee on the form provided.

B. Applicant warrants that the animal is not vicious and will not be permitted to run at large.

C. Veterinarian’s certificate that the animal has a current vaccination against rabies.

D. The current license fee is satisfied.

E. Presentation of a veterinarian’s certificate or receipt that the animal has been neutered or spayed.

F. All dogs must be licensed annually, on or before January 15 of the new fiscal year. A grace period of fifteen (15) days will be allowed. Failure to license pets annually or upon acquisition shall result in a fine of Twenty-five Dollars ($25) and, in addition, the owner shall pay for licenses fees and required shots. The license fee for dogs shall be Fifty Dollars ($50) and the license fee for dogs that are neutered or spayed shall be Ten Dollars ($10).

G. Owner of dogs which are impounded shall pay Fifty Dollars ($50) plus the actual cost of boarding for the first impoundment, One Hundred Dollars ($100) plus the actual cost of boarding for a second impoundment, Two Hundred Dollars ($200) plus the actual cost of boarding for the third and subsequent impoundment. Impounded dogs will be disposed of in a humane way after the fifth day of impoundment, and fines, impoundment costs, and disposal costs shall be assessed to the owner of the pet. If the dog is impounded as a vicious or dangerous dog, the dog will be disposed of in a humane manner if the owner of the dog does not file a written request for hearing pursuant to L-9-5.

Source: Ordinance No. 895

Authority: SDCL 9-29-12

L-8-5 TERM OF LICENSE

Licenses issued pursuant to this chapter shall expire at midnight on December 31 of the year in which issued. No citation shall be issued for failure to license animal until two (2) weeks after the lapse of a previous valid license.

Source:

Authority: SDCL 9-29-12

L-8-6 LIVESTOCK PROHIBITED

No person shall keep, maintain, harbor, have in custody or under control, or permit upon property owned or occupied by such person, any livestock within the City of Fort Pierre, except as otherwise provided in this chapter.

Source:

Authority: SDCL 9-29-1, 9-29-13, 9-32-7

L-8-7 LIVESTOCK LICENSE

Any person wishing to keep any livestock on his property within the City of Fort Pierre shall first occupy an area specifically zoned for animal husbandry and submit an application to the City Finance Officer or his designee upon the form furnished by the City Finance Office.

Applications shall set forth:

A. The legal description of the property.

B. Area in square feet of the enclosure.

C. Type and number of animals to be kept there.

D. Means by which the animals will be confined.

Source:

Authority: SDCL 9-29-1, 9-29-12, 9-29-13, 9-32-7

L-8-8 HARBORING UNDESIRABLE ANIMALS

No person shall permit feral animals or vicious animals of any type to remain upon property owned or occupied by said person within the City.

Source: Ordinance No. 895

Authority: SDCL 9-29-1, 9-29-13, 9-32-1

L-8-9 BITING AND DISEASED ANIMALS

Upon report that an animal is acting in a strange or uncharacteristic manner, or appears to be in ill health, the animal control officer or local law enforcement officer shall investigate, and shall order that the animal be impounded by the City for a period of time as recommended by a doctor of veterinary science .

Such impoundment shall be at the expense of the owner of the animal, or of the City if the owner cannot be ascertained.

Source: Ordinance No. 895

Authority: SDCL 9-29-12, 9-32-1

L-8-10 ANIMAL OFFENSES

No person shall permit animals owned or kept by such person to:

A. Run at large or leave the real or personal property owned or leased by such person, unless physically restrained or controlled by a leash, lead, tether, or other attachment.

B. Emit or produce sound of a nature generally considered noisome, noxious, or irritating.

C. Defecate upon public property or private property owned by another person, unless such deposit is promptly and effectively disposed of.

Source:

Authority: SDCL 9-29-12, 9-29-13, 9-32-1

L-8-11 ABUSE OF ANIMALS

No person shall maltreat, abuse, or neglect any animal, nor inflict pain or suffering of any kind upon any animal, except for purposes of training, and then such pain shall be of a temporary nature only. This section shall not apply to animal control or police officers in the performance of their duty.

Source:

Authority: SDCL 9-29-11

L-8-12 HUNTING, TRAPPING, AND DESTRUCTION

No person shall hunt, trap, or otherwise injure or destroy any bird or pet within the City. This provision shall not apply to licensed veterinary physicians, City animal control, law enforcement officers, or the use of live traps by the citizenry.

Source:

Authority: SDCL 9-29-1, 9-29-11

L-8-13 IMPOUNDMENT; DISPOSITION

A. Any animal found in the city in violation of this chapter shall be impounded by any law enforcement officer, animal control officer, and/or city employee and placed in the animal shelter. Upon impoundment of any animal, the animal shall remain in the custody of law enforcement until the animal is redeemed by the owner or person in charge, adopted, or destroyed in a humane manner. The law enforcement officer, animal control officer, and/or city employee shall, within twenty-four (24) hours of the impounding of such animal, make a reasonable attempt to contact the owner of the animals having been impounded and notify the owner that the animal is being kept in the custody of the shelter. If the owner of the animal is unknown, the law enforcement officer, animal control officer, and/or city employee shall note in the animal control log located at the city office the description of the animal and stating the time and place the animal was apprehended, and the place where it is being kept, and how the same may be recovered by the owner.

B. Unless a licensed animal is redeemed by the owner or person having charge thereof and all charges paid for its keep and necessary care, and unless the owner of an unlicensed animal registered and licensed the animal as provided by city ordinance, the animal shall be adopted or destroyed in a humane manner after the expiration of at least twenty-four (24) hours from the time when notice that the animal was apprehended and impounded has been or attempted to be given, or in the case of an animal whose owner is unknown, the animal shall be released for adoption or destroyed not sooner than twenty-four (24) hours after impoundment. However, any animal which has been diagnosed by a licensed veterinarian to be suffering from rabies or dangerous contagious disease shall not be released but shall be destroyed forthwith or otherwise held or disposed of according to the vet’s recommendations.

C. Any animal apprehended under this ordinance, in need of emergency veterinarial care where the City is unable to immediately identify, contact, and communicate with the owner within one hour, shall be provided with such care at the cost of the owner. The owner is deemed to have consented to such veterinarial care as the veterinarian determines in his sole discretion is required. Any animal impounded under Chapter L-8-11 and not reclaimed by its owner within twenty-four (24) hours or the next business day from the time of the impoundment may be adopted or humanely destroyed. The law enforcement officer, animal control officer, or city employee may authorize the licensed veterinarian to provide the minimum care of any animal or to destroy any sick or injured or feral animal which has been impounded, if its condition is such as to make its earlier destruction necessary or desirable. All animals destroyed shall be destroyed in a humane manner.

Source: Ordinance No. 895

Authority: SDCL 9-29-12

L-8-14 VIOLATION

Violation of any section within this chapter shall be guilty of a misdemeanor and upon conviction shall be penalized as provided in chapter T. Each day’s violation, failure, refusal, or neglect to comply with, any provision of this chapter or regulation promulgated thereunder shall constitute a separate and distinct offense.

Authority: SDCL 9-19-3

L-8-15 SEVERABILITY

If any provision of this chapter is declared unconstitutional or the application of this chapter to any person or circumstance is held invalid or unconstitutional, the remainder of this chapter and applicability thereof to other persons or circumstance shall not be affected thereby.