South Dakota

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TITLE V


ANIMALS

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 complete 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 three 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

Replaced by 5A.0105

5A.0104         Keeping Viscous Dog Prohibited

Replaced by 5A.0105

5A.0105         Vicious Dogs

A)   An authorized representative of the City of Scotland or any law enforcement officer may declare a dog to be vicious, or the attending physician of the victim of a dog bite or scratch may request such declaration, under the following guidelines:

1)    A dog which, when unprovoked, in a vicious or terrorizing manner approaches in apparent attitude  of attack, or bites, inflicts or causes injury, assaults or otherwise attacks a person or other animal upon the streets, sidewalks or any public grounds or places; or

2)    A dog which, on private property, in a vicious or terrifying manner approaches in apparent attitude of attack, or bites, or inflicts or causes injury, or otherwise attacks a mailman, meter reader, serviceman, journeyman, deliveryman, or other person or other animal who is on private property by invitation or permission of the owner or occupant of such property or who is lawfully on private property by reason of a course of dealing with the owner of such private property;

3)    No dog may be declared vicious if the injury of damage is sustained to any person or other animal who was committing a willful trespass or other unlawful act or tort upon premises occupied by the owner or keeper of the dog, or who was teasing, tormenting, abusing or assaulting the dog or was committing or attempting to commit a crime, or otherwise where the police officer determines that the bite or injury was justified.

B)   When a dog has been declared vicious, the owner shall be notified in writing of the declaration and shall comply with the following:

1)    Register the dog as vicious with the city and present proof of rabies vaccination within five days of receiving the notice and presenting proof of rabies vaccination on or before May 31 of each and every year thereafter;

2)    Whenever the dog is outdoors and attended, the dog shall be muzzled, on a leash no longer than six feet, and under the control of a person over 18 years of age;

3)    When the dog will be outdoors and unattended, the dog must be locked in an escape proof kennel approved by a law enforcement officer. Minimum standards shall include the following:

          a)    Fencing materials shall not have openings with a diameter of more than two inches;

          b)    Any gates within such pen or structure shall be lockable or of such design to prevent the entry of children or the escape

          of the dog;

          c)    The required pen or structure shall have secure sides and secure top. If the pen or structure has no permanent bottom

          secured to the sides, the sides shall be imbedded into the ground or concrete; and

          d)    The pen or structure may be required to have double exterior walls to prevent the insertion of fingers, hands, or other

          objects.

C)   A universal sign denoting a vicious dog shall be displayed on the kennel or enclosure and on a place visible from the sidewalk or road adjacent to the property where the dog is kept.

D)   The vicious dog shall be impounded by any law enforcement officer or his or her designated agents at the owner’s expense until all requirements of above are complied with. If the requirements are not complied with within ten days after giving notice to the owners as provided in the subchapter, the dog shall be euthanized in a humane manner and proof of euthanasia filed with the city finance office.

E)   If a vicious dog has been running at large, or bites a person or bites another animal, the dog shall be seized by the city law enforcement officer  or its agents using such means as are necessary and summon the owner to appear in court to show cause why this dog shall not be destroyed. If the dog cannot be captured, it may be killed.

5A.0106         Immediate Removal or Destruction

Replaced by 5A.0105

5A.0107         Dogs Muzzled

Replaced by 5A.0105

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 law enforcement officer 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.

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.0110         Number of Dogs Limited

It shall be unlawful for any person to have or to keep more than three (3) dogs over the age of six months 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. Humane societies, veterinarian offices, and retail pet stores are exempt from the provisions of this section. 

5A.0111         Dog Waste

It shall be unlawful for any person in possession or control of a dog to fail to prevent the dog from defecating on public or private property not owned by such person. If any dog does defecate upon public or private property, then the person in possession of the dog shall immediately and thoroughly clean the fecal material from such public or private property.

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.