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TITLE V


ANIMALS

South Dakota

Chapter 5A.03     Regulation of Animals in General

5A.0301     Animal at large 

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

5A.0302     Destruction of Animals 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 animals found running at large, contrary to the provisions of this chapter.  It shall be the duty of the person in charge to destroy such animal and to cause it to be removed and properly buried.

5A.0303     Keeping Dangerous Animal Prohibited

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

5A.0304     Destruction of Dangerous Animals

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

5A.0305     Immediate Removal or Destruction

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

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


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


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


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

5A.0306

No owner of any sheep, cows, poultry, horses or other animals at any place within the City of Scotland shall permit the premises around the place in which such animals(s) are kept to be offensive.  No owner may keep any such animal(s) within fifty feet (50’) of any dwelling house, except that of the owner within the limits of the City of Scotland.

5A.0307

No owner of any hogs at any place within the City of Scotland shall permit the premises around the place in which such animals(s) are kept to be offensive.  No owner may keep any such hogs within two hundred feet (200’) of any dwelling house, except that of the owner within the limits of the City of Scotland.

5A.0399     Penalties

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