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South Dakota

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Chapter 5A.01     Regulation and Licensing of Dogs

5A.0101     License, Application and Fee for Dogs

License: 
It shall be unlawful for any owner, residing within the City of Scotland, to have an unlicensed dog.  The owner of a licensed dog shall securely fasten the City of Scotland Dog License to a collar around the licensed dog’s neck.

Application:
Any person, residing in the City of Scotland, desiring to have in their custody any dog, shall on or before May 31 each year make application to the City Finance Officer for a City of Scotland Dog License to keep such dog. The application shall be made on a form furnished by the City of Scotland and shall be filed with the City Finance Officer.  In addition, the applicant shall furnish proof from a licensed veterinarian that the dog has been immunized for rabies within the last 24 months.

In the event the City Finance Officer has in his/her possession a signed complaint or complaints verified by the Chief of Police that such dog has vicious propensities, such application shall be denied, and the owner or person having control of such dog shall cause the same to be removed from the corporate city limits. 

License Fee:
A fee of five dollars is due for each City of Scotland Dog License issued.

Upon satisfactory proof that a City of Scotland Dog License has been lost, a fee of two dollars is due for a replacement.

5A.0102     Dog at Large

It is unlawful for a dog to run at large.  An owner is responsible to prevent their dog from running at large. 

5A.0103     Destruction of Dogs Running at Large

The Chief of Police is hereby authorized to employ, whenever he/she may deem it necessary, a sufficient number of persons to capture, kill, and dispose of all dogs found running at large, contrary to the provisions of this chapter.  It shall be the duty of the person in charge to destroy such dog and to cause it to be removed and properly buried.

5A.0104     Keeping Dangerous Dog Prohibited

It is unlawful for any owner to allow a Dangerous Dog to be present within the City of Scotland, whether or not on the property or premise of the owner or occupant.

5A.0105     Destruction of Dangerous Dogs

Any Police Officer of this City may destroy any dangerous dog, without having to catch or impound such dog, whether such dog is running at large or upon the premises of such owner or person having control of such dog.

5A.0106     Immediate Removal or Destruction

Upon notice from a member of the police department, the owner of a dog, identified as a dangerous dog shall within 24 hours after such notice remove such dog from the City or destroy it.

Nothing in this chapter should be construed to prevent immediate destruction of a dangerous dog by a police officer:


     (a) if the owner does not comply with the order from a police officer to remove or destroy such dog in time allotted;


     (b) if the surrounding circumstances deem it necessary to take immediate action relative to removal or destruction; or


     (c) if the dog’s owner and/or police officer is unable to restrain or control the dog so it might be impounded or removed.

5A.0107     Dogs Muzzled

The Mayor of the City may, by proclamation, at any time, upon 48 hour notice, published in the official paper of the City, order that all dogs in the City of Scotland shall be muzzled in such a manner as to make it impossible for said dogs to bite any person or other animal.

5A.0108     Dogs as a Nuisance

On the Complaint by two affidavits, which two affidavits have been signed within a 72 hour period, of any two adults not of the same household, that a dog barks or howls whereby the peace and quiet of the complainants is disturbed and upon the expiration of ten days commencing upon service of the affidavits upon the dog owner whereby the problem of unreasonable noise has not been rectified to the satisfaction of the two complainants, and upon a finding by the court by a preponderance of the evidence that the dog has unreasonably disturbed the peace and quiet of the complainants, the owner or owners of the dog shall be subject to a fine not to exceed $200.00 plus costs as allowed by law, and the court may order the humane destruction of the dog or require the removal of the dog from the Scotland City Limits.

5A.0109     Rabies or Hydrophobia

Any person who suspects that any dog in the City is infected with rabies or hydrophobia shall report his/her suspicion to the local police or health authorities, describing the dog and giving the name of the owner, if known.  If upon examination of health authorities, the dog shall prove in fact to be infected with said disease, the dog may be killed and the person making the report shall be entitled to receive the sum of five dollars ($5.00) from the unappropriated moneys in the City treasury.

Should such disease be found prevalent among dogs in the City, or should any condition of such disease warrant, the Mayor may, in the interest of the general welfare, order, by proclamation, the impounding and examination of all dogs until the same condition is arrested, taking such measures as may, in the interest of the general welfare, be necessary to arrest the disease.

5A.0199     Penalties

Unless otherwise stated, any person violating the provisions of this chapter shall be guilty of a misdemeanor and fined a sum not exceeding one hundred dollars ($100).  Each day a violation continues shall be considered a separate offense.