HomeMy WebLinkAboutOrdinance 23-1995 • � ORDINANCE NO. 23-95
AN ORDINANCE AMENDING CHAPTER SEVEN OF THE REVISED ORDINANCES
OF THE CITY OF BROOKINGS AND PROHIBITING THE KEEPING OF CERTAIN ANIMALS
IN THE CITY OF BROOKINGS, SOUTH DAKOTA.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BROOKINGS,
SOUTH DAKOTA:
I.
Sec. 7-79. Wild or Dangerous Animals Prohibited.
It sha11 be unlawful for any person to keep, maintain or have in their possession or under their
control within the city any poisonous reptile or any other dangerous animal or carnivorous wild animal
or reptile, and vicious or dangerous domesticated animal, or any other animal or reptile of wild, vicious
or dangerous propensities.
Sec. 7-80. Prohibited Animals Specified.
(A) Definition. For the purpose of this ordinance, the following definition shall apply unless
the conte� clearly indicates or requires a different meaning.
"DANGEROUS ANIMAL". Any wild mammal, reptile or fowl which is not naturally tame or
gentle, but is of a wild nature or disposition, and which because of its size, vicious nature or other
characteristics would constitute a danger to human life or property if it escaped from secure quarters.
"Dangerous Animal" also includes any domestic, reptile or fowl which because of its size or vicious
propensity or other characteristic would constitute a danger to human life or property if it escaped from
secure quarters.
(B) Prohibited Animals. It shall be unlawful for any person to keep, maintain or have in their
possession or under their control within the city any of the following animals:
(1) Any animal which has been declared to be protected or endangered by the U.S.
Department of Interior
(2) All poisonous animals, including rear-fang snakes
(3) Badgers (mellinae).
(4) Bears (ursidae)
(5) Beavers (castoridae)
(6) Canids, that is: wolves, foxes, coyotes,jackals, dingo, raccoon dogs.
(7) Civet (viverrines).
(8) Civet or raccoon dog (nycterevtes procyonoides).
(9) Constrictor snakes.
(10) Crocodilians, that is : alligators, crocodiles, caimans, cavials.
(11) Eagles, hawks, owls (falconiformes).
(12) Edentata, that is : anteaters, tamanduas, sloths, armadillos.
(13) Emus (casuariiformes).
(14) Felids, that is: lions, tigers, leopards, cheetahs,jaguars, pumas, lynx, ocelots, bobcats
(15) Game cocks and other fighting birds.
(16) Hyenidae (hyenas).
(17) Marsupials, that is: opossums, tasmanian wolf, kangaroos, koalas, wombats.
• � (18) Muskrats (ondatra).
(19) Ostriches (struthio).
(20) Porcupine (hystricomorpha).
(21) Primates (non-human), that is: apes, monkeys, baboons, chimpanzees, gibbons,
gorillas, orangutans, siamangs.
(22) Procuonids, that is: raccoons, coatis, kinkajous, ring-tailed cats, pandas
(23) Rheas (rheiformes).
(24) Skunks (mephitinae).
(25) Squirrels (sciuridae).
(26) Sharks (chondrichthyes).
(27) Swine (suidae).
(28) Ungulates, that is: elephants, zebra, tapirs, rhinoceroses, camel llama, caribou,
antelope, bison, reindeer, deer, giraffe, hippotamus, wild boar, gazelle, gnu.
(29) Water buffalo (bubalus).
(30) Wart hogs (phacochorus aethiopicus).
(31) Weasels. .
(32) Wolverines (gulo gulo).
(33) Woodchucks (marmota monas).
(34) Any other dangerous animal.
Sec. 70-81. Exception for Medical and Education Institutions.
The provisions of§§ 7-79 and 7-80 shall not apply to prohibit the possession or keeping of an
animal which is in the possession of faculty or staff if South Dakota State University and is kept for
testing, research or educational purposes and is confined in a cage or enclosure adequate to prevent its
escape or the possession or keeping of an animal which is a circus animal participating in a licensed
circus if:
(A) Their location conforms to th�provisions of the zoning ordinance of the city.(B) All
animals and animal quarters are kept in a clean and sanitary condition and so maintained as to eliminate
objectionable odors.
(C) Animals are maintained in quarters so constructed as to prevent their escape.
(D) No person lives or resides within 100 feet of the quarters in which the animals are kept.
Sec. 70-82. Owner to Report Escape of Dangerous Animals or Animals Not Indigenous to State.
(A) The owner or keeper of any member of a species of the animal kingdom that escapes from
their custody or control and that is a dangerous animal or is not indigenous of this state or presents a
risk of serious physical harm to persons or property shall, within one (1) hour after they discover or
reasonably should have discovered the escape, report it to:
(1) A law enforcement officer of the city and the sheriff of Brookings County where the
escape occurred.
Sec,. 70-83. Penalty
(A) The penalty for a violation of Sections 7-79 through 7-82 of this Ordinance shall be a fine
of Two Hundred ($200.00)Dollars.
. � (B) Any person, firm or corporation violating Sections 7-79 through 7-82 shall be fined not
more than $200.00 for each offense and each separate offense shall be deemed committed one each day
during or on which a violation occurs or continues.
Sec. 7-84. Public Nuisance.
The possession or keeping of any animal prohibited by this Ordinance is hereby declared to be a
public nuisance.
II.
' An and all Ordinances in conflict herewith are hereb re ealed.
Y Y P
FIRST READING: July 25, 1995
SECOND READING: August 1, 1995
PUBLISHED: August 7, 1995
CITY OF BROOKINGS
Mayor
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Finance Officer