HomeMy WebLinkAboutOrdinance 32-2008 ORDINANCE NO. 32-08
AN ORDINANCE AMENDING CHAPTER 14 OF THE ORDINANCES OF
THE CITY OF BROOKINGS AND PERTAINING TO THE REGULATION OF
ANIMALS IN THE CITY OF BROOKINGS, SOUTH DAKOTA.
BE IT ORDAINED BY THE CITY OF BROOKINGS,THAT CHAPTER 14 OF THE
CODE OF ORDINANCES OF THE CITY OF BROOKINGS BE AMENDED TO READ AS
FOLLOWS:
I.
ARTICLE I. IN GENERAL
Sec. 14-1. Definitions.
The following words,terms and phrases,when used in this chapter,shall have the meanings
ascribed to them in this section,except where the context clearly indicates a different meaning:
Animal control officer means the person appointed by the city to act as animal control officer of the
city.
Guard dog means any dog that is utili7ed to protect property.
Owner or caretaker means any person owning,keeping,harboring or having under their control one or
more dog,cat or other animal.
Sec. 14-2. Unwanted animals.
(a)Acceptance;conditions. The city animal shelter shall accept unwanted animals from residents of the
County of Brookings for adoption or humane disposition, provided that the appropriate fees are paid
and authorization is given by the owner or caretaker.
(b) Fees.The fee for acceptance of animals at the city animal shelter shall be determined from time
to time by resolution of the city council.
Sec.14-3. Disturbance of peace.
The owner or caretaker of an animal shall not allow the animal to disturb the peace and quiet of the
city or of any person.
Sec.14-4.Animals on school grounds property or recreation areas.
No owner or caretaker shall permit their animal to be upon any school property except upon
express permission of the school principal or their designee,or upon any public park unless the animal
is in the control of the owner or caretaker by a leash, except when a dog is participating in an
organized event or activity.
Sec. 14-5. Confinement of animals which cause injury to persons;immunization against rabies
required before release.
(a) An animal control officer,police officer or other person of proper authority are authorized and
empowered to impound and confine any animal which they have reason to believe has bitten,
scratched or otherwise injured any person.
(b) Any animal that has the potential to carry rabies and that has injured any person shall be
confined at the expense of the owner or caretaker of the animal for a period of 14 days in a manner
directed by the animal control officer or police department; however, if there is reason to believe
that the animal is rabid, an additional confinement period may be ordered to determine whether the
animal is rabid.
(c) If it is determined during the confinement period that the animal may have rabies and a
tentative diagnosis is given by a licensed veterinarian, the animal control officer shall destroy the
animal by humane means and obtain laboratory confirmation of rabies.
(d) Every owner or caretaker having knowledge that their animal has bitten or is suspected of
biting a human shall immediately report the incident to the animal control officer for confinement
and testing of the animal in accordance with the provisions of this chapter.
(e) The owner or caretaker of any dog or cat confined under the provisions of this section may
obtain release of their dog or cat from confinement upon demonstrating proof of a current rabies
vaccination and proof of a current dog or cat license, and upon approval of the animal control
officer.
(f) The animal control officer or any properly designated city employee is authorized to enter
upon private property for the purpose of enforcing this section. No person shall conceal any animal
or otherwise interfere with the proper enforcement of this section. An animal control officer or any
properly designated city employee may impound an animal for the purposes of rabies testing or
when the owner or caretaker fails to comply with this section.
Sec. 14-6. Number of pets limited.
It is unlawful for any person or caretaker to have or keep more than six domestic pets over
the age of four months, except birds and fish,on any lot or premises in the city,unless such person
or caretaker residing on or within the lot or premises has a valid pet shelter or kennel license issued
by the city.The city animal shelter and veterinarian offices are exempt from the provisions of this
section.
Sec. 14-7. Unattended animals in standing or parked vehicles—Authority to remove—
Liability for removal.
No owner or caretaker may leave a dog,cat or other small animal unattended in a standing
or parked vehicle in a manner that endangers the health or safety of such animal.The owner or
operator of a vehicle containing an unattended animal will be contacted if possible before reasonable
force may be used to remove such animal by any animal control officer or police officer. Removal of
an unattended animal by an animal control officer or police officer shall not constitute an offense.
Sec. 14-8. Stray, abandoned or unkept animals.
No person or caretaker shall harbor or keep any stray animals.Animals known to be strays
shall be immediately reported to the city animal control department by the person who observes the
stray animal.
Sec. 14-9. Public nuisance.
Any animal will be considered a public nuisance if such animal is destroying or defacing
property or is disturbing to any person.Any owner or caretaker of such animal shall be held
responsible for allowing such public nuisance to occur.
II.
ARTICLE II. CRUELTY TO ANIMALS AND RELATED OFFENSES
Sec. 14-41. Cruelty to animals generally.
No person shall cruelly beat,torture or injure any animal,nor overload any working animal,
nor shall any person willfully or negligently abuse,mistreat or neglect any such animal.
Sec. 14-42. Teasing, baiting or harassing.
It shall be unlawful for any person to tease, bait or harass any animal.
Sec. 14-43. Humane care of animals.
An owner or caretaker shall provide their animal with sufficient food and water, proper
shelter, humane care and treatment and veterinary care when needed to prevent suffering. No
person shall mistreat any animal nor shall any animal be abandoned.An owner or caretaker may take
an animal they no longer desire to care for to the city animal shelter.
Sec. 14-44. Poisoning of animals.
It shall be unlawful for any person to willfully or maliciously administer or cause to be
administered poison of any sort whatsoever to any animal with the intent to injure or destroy such
animal, or to willfully or maliciously place any poison or poisoned food where the same is accessible
to any animal. Rodenticides must be administered by a licensed exterminator, with the exception
that anyone may administer a warfin rodenticide.
Sec. 14-45. Instigating or allowing fights between animals.
No person shall engage in or allow any fighting between animals,birds or fowl of any kind
upon their premises or premises in their possession or under their control in the city. No person
shall keep any house,pit,or other place to be so used in permitting fights between animals,birds or
fowl. No person shall instigate or encourage any animal, bird or fowl to attack,bite,wound or worry
another animal,bird or fowl for any bet, stake,reward or entertainment.
Sec. 14-46. Injured or ill animals.
Whenever an animal control officer encounters a stray animal suffering pain, the animal
control officer shall take the animal to a veterinarian where the cost of any care or treatment shall be
borne by the owner or caretaker. If ownership of the animal cannot be determined, the animal
control officer shall impound the animal for five days unless it appears that a longer impoundment
will lead to identification of the owner or caretaker. If the owner or caretaker cannot be located, the
animal may be disposed of by humane means without notice.
Sec. 14-47. Restraint of animal in a vehicle.
An animal within a vehicle upon a public street or confined in a parked vehicle in a public
parking lot shall be restrained as necessary so the animal cannot reach outside the confines of that
vehicle.
III.
ARTICLE III. DOMESTIC ANIMALS (DOGS AND CATS EXCEPTED)
Sec. 14-81 Proximity of livestock to dwellings.
No person shall keep any horse, cow, goat, sheep or other livestock, or erect or maintain any
building or enclosure for use in keeping of any such animals within 125 feet of any church, school or
other public building or within 125 feet of any dwelling,store or building used or occupied as a residence
of any person other than that of the owner or caretaker of such animals.
Sec. 14-82. Proximity of fowl to dwellings.
It shall be unlawful for any person to enclose or house any guinea fowl, ducks,geese,turkeys,
or other domestic fowl,except pigeons and except falcons and hawks in the possession of a state and
federally licensed handler,in any house,pen,coop or enclosure or other building situated within a
distance of 125 feet of any church, school or other public building or within 125 feet of any dwelling,
store or other building used or occupied as a residence of any person other than that of the owner or
caretaker of such fowl.
Sec. 14-83. Swine.
No person shall place, keep or maintain live hogs or other swine within the city, except such
hogs as are kept in railroad cars for shipping purposes or in pens and butcher shops and kept for the
purpose of immediate shipment or slaughter, or at South Dakota State University for purposes of
breeding or experimentation.
Sec. 14-84. Sanitary condition required.
No person shall keep or maintain any building or enclosure where livestock or domestic fowl
are kept unless the building or enclosure is kept at all times in a clean and sanitary condition and in
accordance with the rules and regulations of the city.
Sec. 14-85. Keeping of bees.
No person shall keep or have any bees, swarms of bees, or hives of bees in the city.
Sec. 14-86. Pigeons.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a different
meaning:
Dwelling means a building or portion thereof, designed or used exclusively for occupancy of at
least one person.
Garage means an enclosed building or space designed or used for the storage of personal motor
vehicles and other customary household articles which are owned and used by the occupants of the
building to which it is accessory.
Lot means a piece,plot or parcel of land, or group of abutting and contiguous parcels of land,
established by survey,plat or deed, occupied or to be occupied by a dwelling.
Pigeon means any kind of pigeon,whether wild or kept as a pet, or for hobby purposes such as
breeding, showing, or sporting.
(b) Limit in dwellings or garages. No person shall keep or cause to be kept more than five pigeons
within any dwelling or garage in the city.
(c) Limit upon lots. No person shall keep or cause to be kept upon any lot within the city more
than a total of 25 pigeons.
Sec. 14-87. Livestock running at large.
No person shall allow any horses,cattle, swine, sheep,goats or other domestic animals to
run at large within the city.
Sec. 14-88. Fowl at large.
It shall be unlawful for any person to permit or allow any guinea fowl, ducks,geese,turkeys
or other domestic fowl, except pigeons and except falcons and hawks in the possession of a state
and federally licensed handler,to run or be at large within the city.
Sec. 14-89. Picketing.
No person shall stake out any domestic animal in such manner as to permit such animal to go
upon any street, alley or sidewalk within the city or to approach within 125 feet of any dwelling or
building within the city which is used or occupied as a residence of any person other than that of the
owner or caretaker of such animal.
IV.
ARTICLE IV. DOGS AND CATS
Division 1. Generally
Sec. 14-121. Dogs running at large.
It shall be unlawful for any person to permit or allow a dog to run at large within the city.All
dogs shall be restrained in such a manner so they cannot run at large within the city.
Sec. 14-122. Impoundment of dogs.
The animal control officer may impound any dog which is at large if the owner or caretaker
of the dog cannot be located or is not available to take immediate possession of the dog. For
purposes of this section,a dog is considered at large if it is not on a leash and is either off its owner's
or caretaker's premises or is upon or returns to its owner's or caretaker's premises and its owner or
caretaker is not present at such premises at such time.
Sec. 14-123. Disturbance of the peace.
(a) The owner or caretaker of an animal shall not allow the animal to create a disturbance by
making loud continuous noises at any time of the day or night.
(b) Any animal control or police officer may remove and impound any animal which is
disturbing the peace when the owner or caretaker of the animal cannot be located. If an
animal control or police officer removes an animal because of a disturbance,and the
owner or caretaker cannot be located, a notice advising the owner or caretaker of the
impoundment and complaint shall be left on the premises of the owner or caretaker.
Sec. 14-124. Emergency confinement.
An animal control officer or the police chief, in an emergency, may order that all dogs and
cats in the city shall be confined in such a manner as to make it impossible for such dogs and cats to
bite any person, dog, cat or other animal. A statement declaring the confinement order shall be
issued to all local news media and shall require confinement of all dogs and cats upon 24 hours'
notice.
Sec. 14-125. Defecation disposal.
No owner, keeper, caretaker or attendant of a dog or cat shall allow that animal to defecate
on public or private property other than their own. If such dog or cat does defecate upon such
public or private property, the owner,keeper, caretaker or attendant shall immediately clean the fecal
material from such public or private property. Public property shall include any park in the city.
Sec. 14-126.Vicious or biting dogs.
(a) An animal may be declared to be a biting, dangerous or vicious animal by at least two (2)
persons which may include law enforcement and animal control officers,utility personnel or
veterinarians, or by the attending physician of a victim of an animal bite or scratch may request such
declaration under the following guidelines:
(1) An animal which,in a vicious or aggressive manner, approaches in an apparent
attitude of attack, or bites,inflicts injury,assaults or otherwise attacks a person or
other animal upon the streets, sidewalks or any public grounds,parks or places; or
(2) An animal,while on private property, approaches in a vicious or aggressive manner,
in an apparent attitude of attack, or bites, or inflicts injury, or otherwise attacks a
postal worker,meter reader, service person,journeyman, delivery person, or other
such person, or other animal,provided such person or animal is on private property
by reason of permission of the owner or occupant of such property or who is on
private property by reason of a course of dealing with the owner or occupant of such
private property.
(3) No animal may be declared biting, dangerous or vicious if the injury or damage is
sustained to any person or animal who is committing a willful trespass or is not
authorized to be upon the premises occupied by the owner or caretaker of the
animal, or who is teasing,tormenting,abusing or assaulting the animal or was
committing or attempting to commit a crime.
The following conditions shall also be considered:
(i) The nature or severity of the attack or bite.
(ii) Whether the dog has shown a propensity to display dangerously aggressive
behavior and is able or likely to inflict injury to another animal or person.
(iii)Previous incidents of a similar nature.
(b) When the animal in question is declared to be biting, dangerous or vicious,an animal
control officer shall notify the owner of such declaration in writing that such animal must be
registered as a biting, dangerous or vicious animal.The notice shall be served either in person or by
mail.
(c) The owner or caretaker of an animal that has been declared biting, dangerous or vicious
shall register the dog as a biting, dangerous or vicious animal and shall comply with the following:
(1) The owner or caretaker of the animal shall notify the city animal control department
of any changes in the following:
(i) Ownership of the dog;
(ii) Name,address and telephone number of a new owner;
(iii)Address change of the owner or any change of where the dog is housed;
(iv)Any changes in the health status of the animal;and
(v) Death of the animal.
(2) If the dog is indoors,the dog shall be in control of a person over 18 years old.
(3) If the dog is outdoors and attended, the dog shall be muzzled, on a leash no longer
than six (6) feet and under control of a person over 18 years of age.
(4) If the dog is outdoors and unattended, the dog must be locked in an escape proof
kennel approved by the city animal control department.
(5) The owner shall present proof of current rabies vaccination and current city license
of the dog to the animal control department and shall be required in the future to
maintain current and up to date rabies vaccination and license.
(6) The owner shall present proof the dog has been altered to prevent reproduction to
animal control.
(d) The biting, dangerous or vicious dog shall be impounded by the city animal control
department for a period of no longer than thirty (30) days at the owner's expense until such time as
all provisions of subsection (c) are fully performed.
(e) If the conditions of subsection (c) are not fully performed,within the thirty (30) days
allowed, the dog shall be euthanized in a humane manner and proof of euthanasia filed with animal
control.
(f) Any biting, dangerous or vicious dog found off the premises of its owner,other than
provided for in this article, shall be seized by an animal control officer, any police officer or any
sheriff's deputy and impounded. If the dog cannot be captured,it may be destroyed. If the dog has
been running at large, or bites a person, or bites another animal, the animal control officer,any
police officer or any sheriff's deputy may order the owner to deliver the dog to the city animal
shelter within twenty-four (24) hours and the owner required to appear in court to show cause why
the dog shall not be destroyed. If the owner of the dog fails to deliver the dog as ordered, an animal
control officer, any police officer or sheriff's deputy shall use such means necessary to impound the
dog.
Sec. 14-127. Guard dogs.
(a) Designation. The owner or caretaker of a dog whose purpose is to guard and protect
property must designate that their dog is a guard dog at the time of obtaining a city dog license.
(b) Signs. It shall be the responsibility of the owner or caretaker of a guard dog to post
appropriate warning signs indicating that there is a guard dog upon the premises.
(c) Confinement. The guard dog shall be confined to the premises protected by such dog.
Division 2. Licensing Requirements
Sec. 14-151. Required.
It shall be unlawful for any person within the city to keep, maintain or have in their custody
or under their control any dog or cat which is over the age of three months, without first having
obtained a license for the dog or cat from an authorized agent of the city.
Sec. 14-152.Application.
Any person desiring to keep,maintain or have in their custody or control within the city,any dog
or cat,shall on or before December 31'of each year make an application to an authorized agent of the
city for a license to keep such dog or cat Such application shall be in writing,stating the name,sex,color
and other distinguishing characteristics (e.g.,such as guard dog) of such dog or cat and the name of the
owner or caretaker thereof,which application shall be made on a printed form furnished by an
authorized agent and shall be filed with an authorized agent.
Sec.14-153.Rabies vaccination required.
No dog or cat license tag shall be issued to any owner or caretaker of any dog or cat who does
not present to an authorized agent at the time of making application for such license, a certificate of
vaccination against rabies by a veterinarian duly licensed to practice veterinary medicine within any State.
The certificate must show the date of such vaccination and shall state the period of time for which the
dog or cat is effectively immunized,which period of immunization shall be for at least one year from the
date of issuance of the license tag.
Sec. 14-154. Fee.
Before any license may be issued under the provisions of this article, the applicant shall pay
to an authorized agent a fee for each dog or cat to be licensed. The annual fee for such license shall
be determined from time to time by resolution of the city council which shall be on file in city hall.
Sec. 14-155.Authorized agent's fee.
If the license fee shall be collected by a veterinarian so authorized by the city, the
veterinarian may charge an additional fee in the amount established by resolution of the city for their
services in issuing such license.
Sec. 14-156. Issuance of tag.
It shall be the duty of an authorized agent of the city, at the time of issuance of the license
provided in this division, to furnish and deliver to such applicant a tag for each dog or cat for which
such license is issued, upon which tag shall be stamped or engraved the registered number of the
dog or cat and the year for which such license is issued.
Sec. 14-157. Dog or cat to wear tag.
It shall be the duty of the owner or keeper of any dog or cat to place a collar around the
neck of each dog or cat, on which collar shall be securely fastened the tag furnished by an authorized
agent of the city under the provisions of this article.
Sec. 14-158. Duplicate tag.
In the event of the loss of any tag issued under the provisions of this article, an authorized
agent of the city is authorized to issue a duplicate tag when application has been made stating the
original tag has been lost and payment of the actual cost of the duplicate tag has been made.
Division 3. Impoundment and Redemption
Sec. 14-181. Notice to owner or caretaker.
The owner or caretaker of any dog or cat impounded under the provisions of this article
shall be notified that their dog or cat has been impounded within 24 hours if the owner's or
caretaker's identity and location can be obtained by reasonable means.
Sec. 14-182. Impoundment fees.
Fees for the impoundment of any dog or cat shall be determined from time to time by
resolution of the city council, and such resolution shall be on file in the city clerk's office.
Sec. 14-183. Redemption of a dog or cat by owner or caretaker.
(a) The owner or caretaker of any impounded dog or cat, upon satisfactory proof of
ownership,may redeem their dog or cat upon payment of fees and charges as provided by resolution
and upon proof of a current rabies vaccination and city license.
(b) The owner or caretaker of any impounded dog or cat which has not been vaccinated or
licensed under this article may redeem their dog or cat by providing satisfactory proof of ownership
and by making a deposit in the amount established by resolution with an animal control officer. The
owner or caretaker shall be allowed five days to vaccinate and license such dog or cat. Upon
presentation within five days of a license issued under this article, the deposit shall be refunded.
(c) If such owner or caretaker fails to procure a certificate of vaccination and city license
within five days, the deposit shall be forfeited and delivered to the city clerk's office to be placed in
the general fund, and the dog or cat shall be reimpounded.
Sec. 14-184. Redemption by person other than owner or caretaker.
If the owner or caretaker of any dog or cat impounded under the provisions of this article
shall fail to redeem their dog or cat within five days after such impoundment, any other person may,
upon complying with the provisions of this article, redeem such dog or cat from the animal shelter
and become the lawful owner or caretaker of such dog or cat thereafter.
Sec. 14-185. Disposition.
All dogs and cats impounded under the provisions of this article and remaining unclaimed
after five days of impoundment, unless impounded for a longer specified time by order of an animal
control officer, may be placed for adoption or, without notice, disposed of by humane means by an
animal control officer.
Sec. 14-186.Alternate procedure.
If a dog or cat cannot be captured and the owner or caretaker is known to an animal control
officer, the animal control officer may issue a notice to the owner or caretaker that their dog or cat is
in violation of this article,which notice shall state the violation date, time, location, breed and color
of the dog or cat, the license number,if known, and the name and address of the owner or caretaker
of such dog or cat, and such notice shall direct the owner or caretaker of such dog or cat to pay the
impoundment fees as provided in this article either by mail or in person to an animal control officer
within ten days of such notice. Failure to pay such fees shall constitute a violation of this article.
Sec. 14-187. Pickup and transportation fee.
A pickup and transportation fee shall be charged for every animal picked up from outside
the limits of the city and impounded at the animal shelter of the city.
V.
ARTICLE V.WILD OR DANGEROUS ANIMALS
Sec. 14-221. Registration required.
In the interest of public safety, all wild animals and hybrid animals whose peers exist
predominantly in a wild or nonresidential confined state and whose unconfined presence might
constitute a danger to humans shall be registered with the city animal control department.
Sec. 14-222. Providing registration information to relevant personnel.
The city animal control department shall provide copies of all wild animal and hybrid
registrations to the police department and other emergency rescue personnel which may have reason
to enter the premises where wild animals are present for purposes of rescue operations resulting
from a natural disaster or personal emergency.
Sec. 14-223. Running at large.
It shall be unlawful for any person to permit or allow any wild or hybrid animal to run at
large within the city.
Sec. 14-224. Prohibited generally.
It shall 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,hybrid animal or
carnivorous wild animal or reptile, or vicious or dangerous domesticated animal,or any other animal
or reptile of wild,vicious or dangerous propensities.
Sec. 14-225. Prohibited animals enumerated.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a different
meaning:
Dangerous animal means 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.The term"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, dingos,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) except falcons and hawks in the possession of a state
and federally licensed handler;
(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 (nonhuman),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,hippopotamus,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. 14-226. Exception for medical and education institutions.
The provisions of sections 14-224 and 14-225 shall not apply to prohibit the possession or
keeping of an animal which is in the possession of faculty or staff of 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 or
the temporary display of an animal participating in a licensed circus event or temporary display,if:
(1) Their location conforms to the provisions of the zoning ordinances of the city.
(2) All animals and animal quarters are kept in a clean and sanitary condition and so
maintained as to eliminate objectionable odors.
(3) Animals are maintained in quarters so constructed as to prevent their escape.
(4) No person lives or resides within 100 feet of the quarters in which the animals are kept.
Sec. 14-227. Owner to report escape of dangerous animals or animals not indigenous to
State.
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 physical harm to persons or property shall,within one hour after they discover or
reasonably should have discovered the escape,report it to a law enforcement officer of the city and
the county sheriff where the escape occurred.
Sec. 14-228. Penalty for violation of article.
Any person violating any provision of this article shall be subject to a fine of$200.00 for each
offense, and each separate offense shall be deemed committed once each day during which a
violation occurs or continues.
Sec. 14-229. Public nuisance.
The possession or keeping or any animal prohibited by this article is declared to be a public
nuisance.
Sec. 14-230.Animals declared as a biting, dangerous or vicious animal prohibited.
It shall be unlawful for any person or caretaker to keep,maintain or have in their possession
or under their control within this city any animal which has been declared by another governmental
entity to be a biting, dangerous or vicious animal.
VI.
ARTICLE VI. PET SHELTERS
Sec. 14-261. Definitions.
The following words, terms and phrases,when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Pet shelter means a pen, cage, enclosure or accessory structure used for the purpose of
harboring four to 15 pets, such as rabbits,chinchillas or similar animals at least four months of age,
other than dogs, cats,poultry or domestic livestock.
Sec. 14-262. Right of entry.
An animal control officer or its authorized representative shall have the right to inspect any
pet shelter at any reasonable hour for the purpose of enforcing the provisions of this article.
Sec. 14-263. Commercial pet shelter prohibited.
It shall be unlawful to maintain or operate a pet shelter as a commercial enterprise in the
city.A pet shelter operated by a nonprofit agency which complies with this article shall be an
authorized pet shelter.
Sec. 14-264. Number of pets.
It shall be unlawful to keep or shelter more than 15 pets over four months of age in a pet
shelter.
Sec. 14-265.Adequate facilities required.
It shall be unlawful to maintain or operate a pet shelter without adequate pens, feeders and
waterers.
Division 2. License
Sec. 14-291. Required.
It shall be unlawful for any person within the city to keep,maintain or operate a pet shelter
without first having obtained a license therefore from the animal control department.
Sec. 14-292.Application; contents; form.
Any person who desires to maintain or operate a pet shelter shall, on or before December
31'of each year, make application to the animal control officer for a license for such pet shelter.
Such application shall be in writing, and shall state the name and address of the applicant, the
location of the pet shelter,a description of the type and number of animals being harbored and the
purpose of raising the animals.The application shall be made on a printed form furnished by an
animal control officer and shall be filed with an animal control officer.
Sec. 14-293. Inspection.
An inspection of the sanitary conditions of a proposed shelter by an animal control officer
shall be required prior to issuance of the initial pet shelter license.
Sec. 14-294. Fee.
Before any license shall be issued under the provisions of this article,the applicant shall pay
to the animal control department agent,a fee for each pet shelter to be licensed.The annual fee for a
pet shelter license shall be as established by resolution of the city.
Sec. 14-295. Right of appeal.
If a pet shelter license is not issued upon initial application therefore, or is revoked,the
applicant may appeal the decision to the city council.Any decision of the city council shall be final.
Sec. 14-296. Revocation.
A pet shelter license may be revoked for any of the following reasons:
(1) Substantiated complaints to an animal control officer by adjacent neighbors about odor
or noise.
(2) Unsanitary conditions as determined by an animal control officer or their representative.
(3) Submission of false information upon the application for a pet shelter license.
(4) Any violation of the provisions of this article.
II.
All ordinances in conflict herewith are hereby repealed.
FIRST READING: August 26,2008
SECOND READING AND ADOPTION: September 9, 2008
PUBLISHED: September 12, 2008
CI : _ 'ROOKINGS, SOUTH DAKOTA
;=0R00KIryGS 'colt ! ' unsterman,Mayor
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Shari L.Thornes, City Clerk