L-9-1 Purpose.

It is the purpose of this ordinance to eliminate dangerous or vicious dogs from the City from the effective date of this ordinance. It is the further purpose of this ordinance to ensure that all persons owning, possessing, keeping or maintaining any dangerous vicious dog prior to the effective date of this ordinance shall remove such dangerous or vicious dog from the City.

Ordinance No. 895

L-9-2 Definition.

Dangerous or vicious dog is defined as: (1) Any dog which, when unprovoked, in a vicious or terrorizing manner approaches in apparent attitude of attack, or bites, inflicts injury, assaults or otherwise attacks a human being upon the streets, sidewalks or any public grounds or places; or (2) Any dog which, on private property, when unprovoked, in a vicious or terrifying manner approaches in apparent attitude of attack, or bites, or inflicts injury, or otherwise attacks a person who is on private property by reason of a course of dealing with the owner of such private property.

Ordinance No. 895

L-9-3 Public Nuisance and Notice to Remove.

No person, may own, possess, keep or maintain a dangerous or vicious dog as defined by this ordinance within the City of Fort Pierre. The presence of such dangerous or vicious dog on public or private property is hereby declared a public nuisance which shall be abated in accordance with this ordinance.

Whenever it comes to the attention of the Sheriff’s Office, any member of the City Council, or any officer or employee of the City that the nuisance of a dangerous or vicious dog exists a notice by registered mail or personal service may be served on the person owning, possessing, keeping or maintaining such nuisance demanding removal or disposal of the nuisance within 5 days.

Ordinance No. 895

L-9-4 Abatement of Public nuisance upon failure to comply.

If the violation described in the ordinance has not been remedied in the 5 day period a person designated by the City Council, a City employee or a Sheriff’s officer shall have the authority to enter upon private property and take possession of the dangerous or vicious dog and impound the dog at the owner’s expense in an animal shelter designated by the City Council. It shall be unlawful for any person to interfere with, hinder or refuse to allow such person or persons to enter upon private property for the purpose of abating a nuisance under this section and conviction thereof, shall be fined not more that $500 dollars or by imprisonment for not more that 30 days or both such fine and imprisonment.

Ordinance No. 895

L-9-5 Hearing.

If the person accused of owning, keeping, or maintaining a dangerous or vicious dog wishes to contest the allegation, that person may request a hearing, in writing and deliver the request to the City Finance Officer prior to the expiration of the 5 day period. A hearing shall be held within 3 days from the service of the request for the hearing before the animal review board, which shall consist of at least 3 City Council members. The Animal Review Board shall notify in writing the owner of the animal of its decision within 3 days following the hearing. In the event that the owner of the animal is found to own, possess, keep or maintain a dangerous or vicious dog as defined in this ordinance that accused shall have an additional 3 days to abate the nuisance and if it is not abated within the time prescribed, the abatement procedure in L-9-4shall be carried out. The dangerous or vicious dog that is impounded shall be euthanized in a humane manner at the expiration of 5 days.

Ordinance No. 895

L-9-6 Authority of Law.

This ordinance shall not be treated or construed as exclusive of any other remedy as provided by law, but as cumulative merely.

Ordinance No. 895