Title 6
ANIMALS
Chapters:
6.04 Animals Generally
6.08 Dogs
6.12 Cats
6.16 Livestock Shipping Yards
Chapter 6.04
ANIMALS GENERALLY
Sections:
6.04.010 Running at large prohibited.
6.04.020 Fowl in city.
6.04.030 Hogs in city.
6.04.040 Horses, cows, goats, sheep in city.
6.04.050 Pigeons in city.
6.04.060 Cruelty to animals.
6.04.070 Staking animals.
6.04.080 Exceptions.
6.04.090 Keeping of wild animals prohibited.
6.04.095 Number of pets limited.
6.04.010 Running at large prohibited.
No person shall allow any horse, cow, swine, sheep or goat to run at large.
(Prior code § 8.0402)
6.04.020 Fowl in city.
No person shall allow any ducks, geese, chickens or other domestic fowl to run at large, nor shall any person keep enclosed or housed any geese, ducks, chickens or other domestic fowl in any house, pen, coop or enclosure situated within the city.
(Ord. 3-83 (part): prior code § 8.0403)
6.04.030 Hogs in city.
No person shall place, keep or maintain any live hogs within the city.
(Ord. 3-83 (part): prior code § 8.0405)
6.04.040 Horses, cows, goats, sheep in city.
No person shall keep any horse, cow, goat or sheep, or erect or maintain any buildings or enclosures for use in keeping any such animals within the city.
(Ord. 3-83 (part): prior code § 8.0404)
6.04.050 Pigeons in city.
No person owning or having in his charge, control or possession any pigeons shall suffer, allow or permit the same or any of them to roam or fly at large within the city.
(Prior code § 8.0407)
6.04.060 Cruelty to animals.
No person shall cruelly or immoderately beat, torture or injure any domestic animal, nor overload any working animal, nor shall any person wilfully or negligently maltreat or abuse or treat or neglect in a cruel or inhuman manner any such animal.
(Prior code § 8.0401)
6.04.070 Staking animals.
No person shall within the city, stake out any domestic animal in such a manner as to permit such animal to go upon any street, alley or sidewalk or to approach within one hundred feet of any dwelling house or building used for human habitation other than that of the owner of such animal.
(Prior code § 8.0406)
6.04.080 Exceptions.
Sections 6.04.030 and 6.04.040 shall not apply to a licensed sale barn auction or veterinary clinic acting in the normal course of business.
(Ord. 3-83 (part): prior code § 8.0408)
6.04.090 Keeping of wild animals prohibited.
No person shall be allowed to keep live, wild, or undomesticated animals, which are venomous or otherwise inherently dangerous to human beings as pets within the city limits of Redfield. It is considered a nuisance and shall be unlawful for any person to keep, maintain, or to sell native fur-bearers, bears, mountain lions, bobcats, lynx, panthers, endangered species, exotic cats, crocodiles, alligators, venomous insects, venomous spiders, venomous reptiles, constricting snakes or venomous snakes. However, a licensed veterinarian, a game warden, or other person specifically licensed or authorized by the state of South Dakota may keep or maintain such animals for the purpose of providing care and treatment for injured or abandoned animals or birds.
(Ord. 06-02)
6.04.095 Number of pets limited.
It shall be unlawful for any person to have or keep more than four domestic pets over the age of six months except birds or fish, on any lot or premises in the city.
(Ord. 11-07)
Chapter 6.08 Sections:
6.08.005 Definitions.
Article I. Licensing
6.08.010 License– Required.
6.08.020 Licensing authority designated.
6.08.030 License– Application.
6.08.040 License– Fee– Tag.
6.08.045 Failure to license dogs.
Article II. Regulations
6.08.050 Running at large– Prohibited– Impoundment.
6.08.051 Vicious animals.
6.08.052 Disturbing the peace.
6.08.053 Responsibility.
6.08.054 Abandoning of animal.
6.08.060 Enforcement.
6.08.061 Interference with performance of duties.
6.08.062 Animal shelter.
6.08.063 Authority.
6.08.064 Costs.
6.08.065 Notice to owner.
6.08.066 Redemption by person other than owner.
6.08.067 Disposition of unredeemed animals.
6.08.068 Criminal penalty.
6.08.070 Vicious dogs.
6.08.080 Disturbing the peace.
6.08.085 Number of dogs.
Article III. Kennels
6.08.090 Definitions.
6.08.100 License– Required.
6.08.110 License– Application.
6.08.120 License– Fee.
6.08.130 Location.
6.08.140 Health inspection.
6.08.005 Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:
"Animal control officer" means the person designated by the council to be responsible for the care and maintenance of the animal shelter and to work with other law enforcement officials in the enforcement of this chapter.
"Animal shelter" means a building and facilities therein approved by the city council for the impounding of animals.
"At large" means:
A. An animal when off or away from the premises of the owner and not under the control of the owner, possessor, keeper, agent, servant, or a member of his immediate family by a leash.
B. An animal when on the premises of the owner, possessor, keeper, agent, or servant if not attended by a competent person unless the animal is chained, restrained, enclosed, or confined in a manner preventing it from leaving the premises.
"Health authority" means the health officer of the city or his authorized representative.
"Leash" means a cord, thong, or chain, not to exceed six feet in length, by which an animal is controlled by the person accompanying it.
"Owner" means any person harboring or keeping an animal and who is the head of the household of the residence or the owner or manager in charge of the establishment or premises at which an animal remains or returns to.
(Ord. 04-02)
Article I. 6.08.010 License– Required.
It is unlawful for any person or persons within the city, to keep, maintain or have in his custody or under his control, any dog or animals of the dog kind, without first having obtained a license so to do from the city finance officer, as provided in this article and without having paid the license fee therefor.
(Prior code § 7.0901)
6.08.020 Licensing authority designated.
The city finance officer shall be the licensing authority.
(Prior code § 7.0902)
6.08.030 License– Application.
Any person or persons desiring to keep, maintain or have in his custody or control by himself, or agent, within the city, any dog, shall, on or before the thirty-first day of December in each year make application to the city finance officer for a license to keep such dog, stating the name, sex, color and other distinguishing characteristics of the dog, and the name of the owner thereof. The owner states that the dog has no vicious propensities so far as known to the applicant. At the time of registration, a person registering a dog shall present evidence that the animal has a current vaccination for rabies. The application shall be filed with the city finance officer, who shall maintain a record of each filing.
(Ord. 4-95: prior code § 7.0903)
6.08.040 License– Fee– Tag.
The applicant shall at the time of making such application pay to the city finance officer as a license fee the sum of ten dollars for each male dog or spayed female dog, and the sum of fifteen dollars for each female dog for which such license is sought, at the time of filing such application, and it shall be the duty of the city finance officer at the time of the issuance of the license, herein provided for, to furnish and deliver to the applicant, a metallic tag for each dog for which such license is issued, upon which tag shall be stamped or engraved the registered number of the dog and the year when registered, and it shall then be the duty of the owner of the dog to place a collar around the neck of such dog so owned or kept by him, on which collar shall be securely fastened a metallic tag so furnished by the city finance officer; provided, that in case of the loss of any tag so issued, the city finance officer is authorized to issue a duplicate thereof upon payment to him of the actual cost of same upon application being made therefor, and upon satisfactory proof that such tag has been lost. It shall be the duty of the police department to collect all delinquent dog licenses.
(Ord. 5-95 (part); Ord. 1-75: prior code § 7.0904)
6.08.045 Failure to license dogs.
If any person keeps a dog within city limits and fails to license the dogs as required by Redfield City Ordinance 6.08.005 shall be deemed in violation of city ordinance and subject to a fine of fifty dollars.
(Ord. 7-07)
Article II. 6.08.050 Running at large– Prohibited– Impoundment.
A. It is unlawful for any person or persons to permit or suffer to run at large within the limits of the city, any dog or animal of the dog kind of a destructive habit or vicious disposition, or which is in the habit of destroying shrubbery, flowers, gardens, lawns, etc., or that may be barking at or in any manner annoying or otherwise disturbing any person or persons while in their homes, or elsewhere at any time, or passing along or using the streets or sidewalks of the city, any police officer, or person of property authority, is authorized and empowered to impound any such dog or animal found running at large in the city.
B. Any violation of section A shall be deemed a Class 2 misdemeanor and punishable by up to a two hundred dollar fine, thirty days in the county jail, or both.
(Ord. 14-02; Ord. 02-02; Ord. 3-00: Ord. 5-95 (part); prior code § 7.0905)
6.08.051 Vicious animals.
A. An animal may declared to be vicious by the health authority, or the attending physician of the victim of an animal bite or scratch may request such declaration, under the following guidelines:
1. An animal which, in a vicious or terrorizing 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 or places; or
2. An animal, which on private property, in a vicious or terrifying manner, approaches in an apparent attitude of attack, or bites, or inflicts injury, or otherwise attacks a mail carrier, meter reader, service man, journey man, delivery man or other employed person, or other animal which 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 do dealing with the owner of such private property.
3. No animal may be declared vicious if the injury or damage is sustained to a person or animal who is committing a willful trespass or other tort upon premises occupied by the owner or keeper or the animal, or who was teasing, tormenting, abusing, or assaulting the animal or was committing or attempting to commit a crime.
B. When the health authority declares an animal to be vicious, the chief animal control officer shall notify the owner of such declaration in writing that such animal must be registered as a vicious animal within five business days after the receipt of such written notice. Said notice shall be served either in person or by mailing such notice by certified mail.
(Ord. 02-02)
6.08.052 Disturbing the peace.
A. The owner or custodian of an animal shall not allow the animal to create a disturbance by making loud noises any time of the night or day.
B. Any animal control officer or police officer may remove and impound any animal, which is disturbing the peace when the owner of the animal cannot be located. A notice advising the owner of the impoundment shall be left on the premises.
C. Any person having custody or control of any female dog or cat in heat shall be required to keep such dog or cat confined in a building, secure enclosure, veterinary hospital, or boarding kennel so that it cannot attract or come into contact with another animal on public or private property except for controlled breeding purposes.
(Ord. 02-02)
6.08.053 Responsibility.
A. No person shall create or maintain any condition or operate any equipment or keep any animal, fowl, pet, or insect under his jurisdiction in such a way that such condition or operation causes or is likely to cause the transmission of diseases from animals or insects to man.
B. No owner, keeper, caretaker, or attendant of an animal shall allow an animal to defecate on public or private property other than his own. If such animal does defecate upon public or private property, the owner, keeper, caretaker, or attendant must immediately and thoroughly clean the fecal matter from such property.
(Ord. 02-02)
6.08.054 Abandoning of animal.
No person shall abandon an animal in the city.
(Ord. 02-02)
6.08.060 Enforcement.
It shall be the duty of the animal control officer or law enforcement to carry out and enforce all the provisions of this article.
(Ord. 07-02; Ord. 1-00: Ord. 5-95 (part); Ord. 4-91; Ord. 4-77; prior code § 7.0907)
6.08.061 Interference with performance of duties.
No personal shall hinder, delay, or obstruct the animal control officer, his assistant, or any law enforcement officer when engaged in capturing, securing, or impounding any animal.
(Ord. 07-02)
6.08.062 Animal shelter.
The animal control officer shall establish and maintain an animal shelter in some convenient location, which shall be sanitary, heated, ventilated, and lighted. The animal control officer shall establish emergency service to properly enforce the regulations set forth in this chapter, twenty-four hours a day, seven days a week.
DOGS
Licensing
Regulations
| 1. First violation | $ 30.00 |
| 2. Second violation in a 12-month period | 75.00 |
| 3. Third and subsequent violations within a 12-month period | 250.00 |
(Ord. 07-02)
6.08.065 Notice to owner.
The owner of any animal impounded under the provisions of this article, if his identity and location can be obtained by reasonable means, shall be notified within twenty-four hours that his animal has been impounded.
(Ord. 07-02)
6.08.066 Redemption by person other than owner.
If the owner of any animal impounded under the provisions of this article shall fail to redeem such animal, after the impoundment period, any other person may, upon complying with the provisions of this article, redeem such animal from the animal shelter and be the lawful owner thereof. All redeemed animals shall be properly licensed by the city of Redfield before being released.
(Ord. 07-02)
6.08.067 Disposition of unredeemed animals.
A. If an impounded animal is wearing a license or other means of identification, the animal shall be confined at the shelter for a period of five days, excluding Sundays and holidays.
B. If an impounded animal is not wearing a license or other means of identification, the animal will be impounded for no more than three days, excluding Sundays and holidays. The chief animal control officer or a designee may dispose of animals impounded under this article after the impoundment period by any humane means.
(Ord. 07-02)
6.08.068 Criminal penalty.
Any animal owner who violates a provision of Chapter 6 shall be subject to thirty days in the county jail, a two hundred dollar fine, or both.
(Ord. 07-02)
6.08.070 Vicious dogs.
No vicious dog shall be allowed off the premises of its owner unless muzzled and on a leash in charge of the owner or a member of the owner's immediate family over sixteen years of age. A dog is determined to be vicious within the meaning of this section when it has bitten any person or when a propensity to attack or bite human beings shall exist and is known or ought reasonably to be known to the owner. Any vicious dog which is found off the premises of its owner other than as herein provided, may be seized by any person and upon delivery to the proper authorities may upon establishment of the vicious character of said dog, be killed by a police officer or dog catcher or other person or persons authorized by the governing body.
(Ord. 3-95: prior code § 7.0906)
6.08.080 Disturbing the peace.
The owner of a dog shall not suffer or allow the dog to disturb the peace and quiet of the city.
(Ord. 5-76: prior code § 7.0908)
6.08.085 Number of dogs.
It shall be unlawful for any person to have or keep more than two dogs over the age of six months except birds or fish, on any lot or premises in the city. This section shall not apply to holders or kennel licenses validly issued by the city.
(Ord. 12-07)
Article III. 6.08.090 Definitions.
For the purpose of this article:
A. "Dog" means a dog that is more than two months of age.
B. "Dog kennel" means a place where more than two dogs are kept and/or maintained.
(Ord. 7-70 (part): prior code § 7.0908(1))
6.08.100 License– Required.
It is unlawful for any person or persons within the city to keep, maintain or operate a dog kennel as defined in Section 6.08.090 without first having obtained a license to do so from the city finance officer, as provided in this article and without having paid the license fee therefor.
(Ord. 7-70 (part): prior code § 7.0908(2))
6.08.110 License– Application.
Any person or persons claiming to keep, maintain or operate a dog kennel within the city, shall on or before the thirty-first day of December in each year make application to the city finance officer for a license to operate a dog kennel.
(Ord. 7-70 (part): prior code § 7.0908(3))
6.08.120 License– Fee.
The license fee for a dog kennel operator shall be fifty dollars per year.
(Ord. 5-95 (part): Ord. 7-70 (part): prior code § 7.0908(4))
6.08.130 Location.
A. A dog kennel may not be operated within the distance of seventy-five feet of any dwelling house or place of business used or occupied as the residence of any person; or within forty feet of any church, school or other public building. Such dog kennel shall be maintained at all times in a clean and sanitary condition.
B. Notwithstanding any provisions hereof, there shall be no kennel license issued or renewed after December 31, 1972, to any party operating a dog kennel in a residential area within the city.
(Ord. 6-72; Ord. 7-70 (part): prior code § 7.0908(5))
6.08.140 Health inspection.
Any person making application for a dog kennel license grants the city health officer the right to inspect the dog kennel from time to time at reasonable hours.
(Ord. 7-70 (part): prior code § 7.0908(6))
Chapter 6.12 Sections:
Article I. Licensing
6.12.010 License– Required.
6.12.020 Licensing authority designated.
6.12.030 License– Application.
6.12.040 License– Fee– Tag.
6.12.043 Failure to license cats.
6.12.045 Number of cats.
Article II. Regulations
6.12.050 Running at large– Prohibited– Impoundment.
6.12.060 Running at large– Impoundment– Disposition.
Article III. Kennels
6.12.070 Definitions.
6.12.080 License– Required.
6.12.090 License– Application.
6.12.100 License– Fee.
6.12.110 Location.
6.12.120 Health inspection.
Article I. 6.12.010 License– Required.
It is unlawful for any person or persons within the city, to keep, maintain or have in his custody or under his control, any cat or animals of the cat kind, without first having obtained a license so to do from the city financer, as provided in this article and without having paid the license fee therefor.
(Ord. 9-76 (part): prior code § 7A.0901)
6.12.020 Licensing authority designated.
The city finance officer shall be the licensing authority.
(Ord. 9-76 (part): prior code § 7A.0902)
6.12.030 License– Application.
Any person or persons desiring to keep, maintain or have in his custody or control by himself, or agent, within the city, any cat, shall, on or before the thirty-first day of December in each year make application to the city finance officer for a license to keep such cat, stating the name, sex, color and other distinguishing characteristics of the cat, and the name of the owner thereof. The owner states that the cat has no vicious propensities so far as known to the applicant. A record of the receipt shall be filed at the time of making such application. A license shall not be required until the cat has attained the age of two months.
(Ord. 9-76 (part): prior code § 7A.0903)
6.12.040 License– Fee– Tag.
The applicant shall at the time of making such application pay to the city finance officer as a license fee the sum of five dollars for each cat, for which a license is sought, at the time of filing such application, and it shall be the duty of the city finance officer at the time of the issuance of the license, herein provided for, to furnish and deliver to the applicant, a metallic tag for each cat for which such license is issued, upon which tag shall be stamped or engraved the registered number of the cat and the year when registered, and it shall then be the duty of the owner of the cat to place a collar around the neck of such cat so owned or kept by him, on which collar shall be securely fastened a metallic tag so furnished by the city finance officer; provided, that in case of the loss of any tag so issued, the city finance officer is authorized to issue a duplicate thereof upon payment to him of the actual cost of same upon application being made therefor, and upon satisfactory proof that such tag has been lost. It shall be the duty of the police department to collect all delinquent cat license fees.
(Ord. 5-95 (part); Ord. 9-76 (part): prior code § 7A.0904)
6.12.043 Failure to license cats.
Any person or persons failing to license a cat shall be subject to a fifty-dollar fine.
(Ord. 14-07)
6.12.045 Number of cats.
It shall be unlawful for any person to have or keep more than two cats over the age of six months except birds or fish, on any lot or premises in the city.
(Ord. 13-07)
Article II. 6.12.050 Running at large– Prohibited– Impoundment.
A. It is unlawful for any person or persons to permit or suffer to run at large within the limits of the city, any cat or animal of the cat kind of a destructive habit or vicious disposition, or which is in the habit of destroying shrubbery, flowers, gardens, lawns, etc., or that may in any way annoy or otherwise disturbing any person or persons while in their homes, or elsewhere at any time, or passing along or using the streets or sidewalks of the city, after being notified in writing that such cats or animals possess such habits, any police officer, or person of proper authority, is authorized and empowered to impound any such cat or animal found running at large in the city after the owner or keeper thereof, or the person having the custody of the cat or animal has been notified of such habit.
B. Any person violating the provisions of this section shall be fined in a sum not exceeding the sum of ten dollars.
(Ord. 9-76 (part): prior code § 7A.0905)
6.12.060 Running at large– Impoundment– Disposition.
The city is authorized to employ, whenever the city may deem it necessary, a sufficient number of persons to capture and convey to the pound, and care for, kill and dispose of in the manner herein provided, all cats found running at large contrary to the provisions of this chapter. All cats captured and conveyed to the pound, as established by the city, shall be kept with humane treatment and supplied with sufficient food and water for a period of at least forty-eight hours, unless sooner reclaimed by the owner or keeper thereof as herein provided. When the owner or claimant of any cat so impounded, shall desire to redeem such cat from the pound, such cat may be released upon the payment to the person in charge of such pound, the sum of thirty dollars and costs for keeping, five dollars per day, and shall exhibit proof of current rabies vaccination and of a current license for such cat issued in the manner herein provided, and the person in charge of such pound shall thereupon release such cat to such owner or claimant. If the owner does not have proof of current rabies vaccination, and the owner or claimant of the cat shall pay a deposit of twenty dollars for the cat to be released to obtain current rabies vaccination. When the owner or claimant presents proof of the current vaccination, the twenty dollars deposit shall be refunded provided that the proof of current rabies vaccination is presented within ten days of release of the cat and the cat has not been impounded again during that time. If the cat is impounded within those ten days and proof has not been presented, the twenty dollars deposit is forfeited. If the proof of current vaccination is not presented within the ten days, the sheriff is authorized to incarcerate the cat.
At the expiration of forty-eight hours from the date of impounding such cat, if the same shall still be unclaimed or if the owner or claimant thereof shall fail or refuse to comply with the provisions of this chapter, for the releasing of the same, it shall be the duty of the person in charge of such pound to destroy such cat and to cause it to be removed; provided, that the owner of licensed cats shall have twenty-four hours notice in writing, after the expiration of the forty-eight hours, before the same shall be killed or destroyed.
(Ord. 2-00: Ord. 3-98: Ord. 9-76 (part): prior code § 7A.0906)
Article III. 6.12.070 Definitions.
For the purpose of this article:
A. "Cat" means a cat that is more than two months of age.
B. "Cat kennel" means a place where more than two cats are kept and/or maintained.
(Ord. 9-76 (part): prior code § 7A.0907 (part))
6.12.080 License– Required.
It is unlawful for any person or persons within the city to keep, maintain or operate a cat kennel as defined in Section 6.12.070 without first having obtained a license to do so from the city finance officer, as provided in this article and without having paid the license fee therefor.
(Ord. 9-76 (part): prior code § 7A.0907(1))
6.12.090 License– Application.
Any person or persons claiming to keep, maintain or operate a cat kennel within the city, shall on or before the thirty-first day of December in each year make application to the city finance officer for a license to operate a cat kennel.
(Ord. 9-76 (part): prior code § 7A.0907(2))
6.12.100 License– Fee.
The license fee for a cat kennel operator shall be fifty dollars per year.
(Ord. 5-95 (part): Ord. 9-76 (part): prior code § 7A.0907(3))
6.12.110 Location.
A cat kennel may not be operated within the distance of seventy-five feet of any dwelling house or place of business used or occupied as the residence of any person; or within seventy-five feet of any church, school or other public building. Such cat kennels shall be maintained at all times in a clean and sanitary condition.
(Ord. 9-76 (part): prior code § 7A.0907(4))
6.12.120 Health inspection.
Any person making application for a cat kennel license grants the city health officer the right to inspect the cat kennel from time to time at reasonable hours.
(Ord. 9-76 (part): prior code § 7A.0907(5))
Chapter 6.16 Sections:
6.16.010 Declared unlawful.
6.16.020 Nuisance declared.
6.16.030 Violation– Penalty.
6.16.010 Declared unlawful.
It is unlawful for any person, firm or corporation to keep or maintain within the limits of the city, any yards, pens, sheds or buildings wherein any cattle, horses, sheep or swine are collected or kept for the purpose of loading or shipment by railway or other means of transportation, and it is unlawful for any person to collect, keep or feed any cattle, sheep or swine within such yards, pens, sheds or buildings, except at a sales pavilion where such animals are offered for sale at public auction.
Kennels
CATS
Licensing
Regulations
Kennels
LIVESTOCK SHIPPING YARDS