*Cross referencesHealth and sanitation, ch. 19; rendering of animal matter, § 19-8; examples of nuisances, § 19-50; diseases of animals, § 19-95; licenses, ch. 23; noise control, ch. 25 1/2; protection of animals in parks, § 27-12 et seq.; pest control, ch. 31; application of traffic regulations to persons riding animals, § 40-25; duty of driver of vehicle upon striking animal, § 40-63; animal used to pull livery vehicles, § 43-15.
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 a person designated by the chief of police to work with law enforcement officials in the enforcement of this chapter.
Animal shelter means a building and facilities therein approved by the chief of police and the health authority for the impounding of animals.
Apparent attitude of attack means threatening and overtly aggressive actions of an animal that places a reasonable person in imminent fear of bodily injury, including, but not limited to, snarling, growling, elevated or exaggerated noise, combined with an attack ready body position when the animal is approached.
Anti-escape means any housing, fencing, or device which a guard dog cannot go over, under, through, or around.
At large means:
(1) An animal when off or away from the premises and not under the control of the owner, possessor, keeper, agent, servant, or a member of his immediate family by a leash.
(2) 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.
Chief of police means the chief officer of the Sioux Falls police department or his or her designee.
Commercial property means:
(1) A portion of land or building zoned for or utilized for commercial or business uses, within the city, including temporary sites.
(2) Any vehicle utilized for commercial or business purposes within the city.
Guard dog means any dog that is utilized to protect commercial property, or is housed unattended on commercial property at any time other than normal business hours, except that such definition shall not apply to pet stores, boarding kennels, veterinary offices, and animal shelters.
Handler means a person who is responsible for and capable of controlling the operations of a guard dog.
Health authority means the health officer of the city or his authorized representative.
Housing means any location where the guard dog is kept when not being utilized for protection purposes.
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 any adult residing thereat if any such head of household is not present or the person, owner, or manager in charge of the establishment or premises at which an animal remains or returns to.
Cross referenceDefinitions and rules of construction generally, § 1-2.
Sec. 7-2. Running at large prohibited.
Except on property designated by the city as an animal off-leash area, it shall be unlawful for any person to have any animal which is owned, kept, harbored, or allowed to be habitually in or upon the premises occupied by him or under his or their control to be at large and to go in or upon the private premises of others or upon any public property.
State law referencePower to regulate or prohibit the running at large of animals, SDCL 9-29-12.
Sec. 7-3. Vicious animals.
(a) An animal may be declared to be vicious by the chief of police, 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 mailman, meter reader, serviceman, journeyman, delivery man, or other employed person, or other animal who 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 of such private property.
(3) No animal may be declared vicious if the injury or damage is sustained to any person or animal who is committing a willful trespass or other tort upon premises occupied by the owner or keeper of the animal, or who was teasing, tormenting, abusing, or assaulting the animal, or was committing or attempting to commit a crime.
(b) When the chief of police declares an animal to be vicious, the chief of police 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.
(c) The owner of an animal that has been declared vicious shall make application to the animal control office to register such vicious animal and shall comply with the following:
(1) The owner of the animal shall notify animal control of any changes in the following:
a. Ownership of the animal.
b. Name, address, and telephone number of a new owner.
c. Address change of the owner or any change in where the animal is housed.
d. Any change in the health status of the animal.
e. Death of the animal.
(2) If the animal is indoors, the animal shall be under the control of a person over 18 years old.
(3) If the animal is outdoors and attended, the animal shall be muzzled, on a leash no longer than 6 feet, and under the control of a person over 18 years of age.
(4) If the animal is outdoors and unattended, the animal must be locked in an escape-proof kennel approved by animal control. Minimum standards shall include the following:
a. Fencing materials shall not have openings with a diameter of more than 2 inches, in the case of a wooden fence the gaps shall not be more than 2 inches.
b. Any gates within such pen or structure shall be lockable and of such design to prevent the entry of children or the escape of the animal.
c. The required pen or structure shall have secure sides and a secure top. If the pen or structure has no bottom secured to the sides, the sides shall be imbedded into the ground or concrete.
d. The pen or structure shall protect the animal from the elements.
e. The pen or structure may be required to have double exterior walls to prevent the insertion of fingers, hands, or other objects.
(5) The animal shall be permanently identified by injecting an identification microchip into the animal using standard veterinarian procedures and practices. The number and the veterinarian who injected the microchip to be reported to animal control.
(6) A universal sign denoting a vicious animal shall be displayed on the kennel or enclosure and on a place visible from the sidewalk or road adjacent to the property where the animal is kept.
(7) The owner shall carry $100,000.00 liability insurance covering the medical and/or veterinary costs resulting from the vicious actions or any other damage the animal may do or cause to be done. Proof of such insurance shall be filed with animal control.
(8) The owner shall present proof of current rabies vaccination and current city license of the animal to animal control.
(9) The owner shall present proof the animal has been altered to prevent reproduction to animal control.
(d) The vicious animal shall be impounded by animal control at the owner's expense until such time as all provisions of subsection (c) are complied with.
(e) If the conditions in subsection (c) are not complied with, the animal shall be euthanized in a humane manner and proof of euthanasia filed with the Sioux Falls Animal Control.
(f) Any vicious animal found off the premises of its owner, other than provided for in this article, shall be seized by the animal control officer or any police officer and impounded. If the animal cannot be captured, it may be destroyed. If the animal has been running at large, or bites a person, or bites another animal, the animal control officer or any police officer may order the owner to deliver the animal to the animal shelter within 24 hours and the owner ordered to appear in court to show cause why this animal shall not be destroyed. If the owner of the animal fails to deliver the animal as ordered, the animal control officer or any police officer shall use such means as is necessary to impound the animal.
State law referenceVicious dogs, SDCL 40-34-13 et seq.
Sec. 7-4. 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.
No person shall maltreat or abuse or neglect any animal or fowl. Any animal control officer finding an animal or fowl mistreated as described in this section shall have the power to lawfully enter the premises where the animal is kept and demand to examine such animal and to take possession of such animal, when in his opinion, the animal requires humane treatment.
State law referencesMunicipal authority to prohibit and punish cruelty to animals, SDCL 9-29-11; cruelty to animals, SDCL ch. 40-1.
Sec. 7-6. Stray, abandoned or unkept animals.
No person shall harbor or keep any stray animals. Animals known to be strays shall be immediately reported to the animal control officer.
(Ord. No. 21-75, § 2, 4-7-75)
Sec. 7-7. Poisoning.
Unless recommended by the chief of police or health authority, it shall be unlawful for any person to wilfully or maliciously administer or cause to be administered poison of any sort whatsoever to any animal, the property of another, with the intent to injure or destroy such animal, or to wilfully or maliciously place any poison or poisoned food where such is accessible to any such animal.
(a) The keeping of animals on any personal land in the city shall not be on a scale creating a nuisance. This prohibition includes the domestic fowl of the order Galliformes and Gallinaceous birds (fowl-like birds), and the order Anseriformes (water fowl).
(b) It is considered a nuisance and shall be unlawful for any person to keep and maintain (other than the care and treatment of injured or abandoned birds and animals by people licensed for that purpose) or to sell native fur bearers, bears, mountain lions, bobcats, lynx, panthers, endangered species, exotic cats, or venomous snakes.
(c) Nothing in this section shall be deemed to prohibit the keeping of (Felis catus) the domestic cat, (Mustela putorius foro) the European polecat otherwise known as the ferret, or (Canis familiaris) the domestic dog, as long as license or permit procedures are followed.
(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) The Great Plains Zoo shall not be governed by this chapter.
(c) 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.
(d) Anyone walking an animal on public or private property other than his own must carry with him visible means of cleaning up any fecal matter left by the animal. Animals used in parades or involved in law enforcement are exempt from this subsection.
The animal control officer is authorized to enforce all the provisions of this chapter and may issue citations for violations of any section or may issue warning tickets requiring correction of a violation.
(Ord. No. 101-80, 10-27-80)
Sec. 7-12. Failure to comply with warning ticket.
It is unlawful for any person to fail or refuse to comply with the provisions or requirements of a warning ticket lawfully issued under this chapter.
(Ord. No. 101-80, 10-27-80)
Sec. 7-13. Trapping of animals.
Without permission of the chief of police, no person shall set, allow to be set, or use any trap for the purpose of catching any animal, which trap could injure or kill any animal, except rodent traps in the interior of a building, and except by persons employed by or agents of the chief of police or city parks department for purposes of the city's health and welfare.
No person shall hunt game in the city. Game means any wild bird or animal hunted for sport or for use as food. Hunt means to pursue game while in possession of a firearm or weapon for sport, food, or to kill. This section does not apply to peace officers or city animal control officers in the discharge of their official duties.
(Ord. No. 32-91, § 1(7-14), 4-1-91)
Sec. 7-15. Number of pets limited.
It is unlawful for any person to have or to keep more than four domestic pets over the age of six months, except birds and fish, 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. The animal shelters, veterinarian offices, and retail pet stores are exempt from the provisions of this section.
(Ord. No. 59-07, §5, 4-16-07)
Secs. 7-16--7-19. Reserved.
ARTICLE II. RABIES CONTROL*
__________
*Cross referenceHealth and sanitation, ch. 19.
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Sec. 7-20. Cooperation of health authority.
The chief of police shall cooperate with the state department of health, the state livestock sanitary board, the U.S. Fish and Wildlife Service, the U.S. Public Health Service, the U.S. Department of Agriculture, state and local veterinary associations, and any other appropriate city, county, state, or federal agency to reduce rabies in wildlife and domestic animals. The chief of police or health authority may institute such additional measures for the control of rabies as may be deemed necessary by the board of health and the city council.
(a) Every dog, cat, or other animal susceptible to rabies, held as a domestic pet in the city, six months of age or older, is hereby required to be vaccinated against rabies by a licensed veterinarian or other qualified person designated by the board of health. Any rabies vaccination that is not administered by a licensed veterinarian or other qualified person designated by the board of health shall not be recognized as the required vaccination. Vaccination against rabies shall be given at such intervals as designated by the board of health by resolution.
(b) Any owner acquiring a dog, cat, or other animal by purchase, gift, birth, or otherwise shall have such animal vaccinated against rabies within one month following acquisition or when the animal reaches the age of six months.
Any impounded animal shall not be released by the animal control officer to any person until such animal has been vaccinated against rabies; provided, however, no animal so impounded shall be vaccinated if the owner can present a certificate of a current vaccination.
(Ord. No. 21-75, § 2, 4-7-75)
Sec. 7-23. Monthly report of vaccinations.
All veterinarians and other qualified persons vaccinating dogs or cats for rabies immunization shall monthly report all such vaccinations to the animal control center.
(Ord. No. 21-75, § 2, 4-7-75)
Sec. 7-24. Impounding for observation.
(a) When any person owning or harboring a dog, cat, or other animal has been notified that the animal has bitten or attacked any person, the owner must within 24 hours place the animal under the care and observation of the animal control officer or a licensed veterinarian for a period of not less than ten days except in those cases when an animal has bitten or attacked while on the premises of the owner and the owner has a current rabies vaccination for the animal the animal control officer may, if he feels the facilities are adequate and if the owner is a responsible person, quarantine the animal on the owner's premises. In this case, the owner must sign a statement and understand the responsibility and assume the liability that is involved with the quarantine of an animal that has bitten. The quarantined animal must at all times be available for inspection during the quarantine.
(b) At the end of the ten-day observation period, the animal shall be examined by the animal control officer and, if cleared, may be reclaimed by the owner and the owner must pay the expense incurred incident thereto.
(c) Any animal impounded or placed for observation, showing active signs of rabies, suspected of having rabies or known to have been exposed to rabies shall be confined under competent observation for such time as may be deemed necessary to determine a diagnosis.
(d) Any animal that has bitten or attacked that cannot be captured may be destroyed in such a manner that the head is not damaged and can be submitted for a rabies examination to a laboratory.
(e) Any animal that has bitten any person may be euthanized by order of the chief of police or a physician or a veterinarian from the board of health unless proof of a current rabies vaccination effected not less than 30 days prior to the bite is provided within 24 hours of the bite. Any animal that has bitten any person may be euthanized by order of the chief of police with the advice of the health authority, based on sound medical judgments, a greater risk to human life exists by not so doing. In making such a determination, the chief of police and health authority shall take into consideration the following factors:
(1) The history of the animal including the possibility of its exposure to rabies.
(2) The vaccination record of the animal.
(3) The health of the animal.
(4) The nature, location, and seriousness of the bite.
(5) The circumstances surrounding the bite including whether or not the bite was provoked.
(6) The tolerance of the person bitten to the vaccines used for treatment.
(f) The city shall, in the case of an animal bite, follow the procedures stated in the current Compendium of Animal Rabies Control published by the National Association of State Public Health Veterinarians, Inc., and endorsed by the Center for Disease Control.
No person shall knowingly harbor or keep any animal infected with rabies or any animal known to have come in contact with an animal known to have been infected with rabies unless such animal has current rabies shots. In such case the procedure stated in the current Compendium of Animal Rabies Control shall be followed.
(Ord. No. 21-75, § 2, 4-7-75)
Sec. 7-26. Report of suspected cases--Generally.
Any person who shall suspect that any animal in the city is infected with rabies shall report the animal to the animal control officer, describing the animal and giving the name and address of the owner if known.
(Ord. No. 21-75, § 2, 4-7-75)
Sec. 7-27. Same--Veterinarians.
Veterinarians within the city receiving information or reports of suspected rabies in wild animals or domestic animals shall report such information to the animal control officer.
(Ord. No. 21-75, § 2, 4-7-75)
Sec. 7-28. Same--Physicians.
Physicians within the city, immediately upon treatment of any person bitten by an animal, shall report such information to the animal control officer.
(Ord. No. 21-75, § 2, 4-7-75)
Sec. 7-29. Destruction of rabid animals.
Any animal displaying symptoms or characteristics of rabies may be destroyed by the animal control officer or a veterinarian upon authorization of the chief of police.
Whenever the health authority shall have determined that there is danger of the existence or spread of rabies in the city, he shall make the facts known to the mayor in writing. The mayor, upon receipt of such facts, may, by proclamation in the interest of public safety and general welfare of the citizenry, order all animals muzzled when off the premises of the owner. Forty-eight hours after the publication of the proclamation all animals found off the premises of the owner unmuzzled shall be seized and impounded or may be immediately destroyed if all reasonable efforts to seize the animals fail. All animals seized and impounded shall be held for observation for ten days, and if cleared by a licensed veterinarian, may be claimed by the owner and the owner must pay the expenses incidental thereto. Any animal not claimed may be disposed of.
(Ord. No. 21-75, § 2, 4-7-75)
Secs. 7-31--7-40. Reserved.
ARTICLE III. IMPOUNDING
Sec. 7-41. Enforcement.
It shall be the duty of the animal control officer to carry out and enforce all the provisions of this article.
(Ord. No. 21-75, § 2, 4-7-75)
Sec. 7-42. Interference with performance of duties.
No person 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. No. 21-75, § 2, 4-7-75)
Sec. 7-43. Animal shelter.
The animal control officer shall establish an animal shelter in some convenient location which shall be sanitary, heated, ventilated, and lighted. The hours of operation shall be posted on the main entrance. The animal control officer shall establish emergency service to properly enforce the regulations set forth in this chapter, 24 hours a day, seven days a week.
Any animal held or impounded shall be released to the owner thereof upon payment of the daily boarding cost plus any veterinarian services rendered plus the impoundment fee as set out below:
(1) First violation . . . $30.00
(2) Second violation within a 12-month period . . . 50.00
(3) Third and subsequent violations within a 12-month period . . . 75.00
The daily boarding costs, veterinary services and impoundment fee are in addition to any penalties which may be imposed for a violation of any of the provisions of this chapter.
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 24 hours that his animal has been impounded.
(Ord. No. 21-75, § 2, 4-7-75)
Sec. 7-47. 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.
(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 in any humane means.
An animal control officer shall not receive any animal into the animal shelter from any person unless such person shall leave his full name and place of residence, which shall be registered in a proper book kept by the animal control officer. It shall be unlawful for any person to give any false information or statement concerning the owner, keeper, or harborer of any animal or concerning any animal brought into the animal control shelter or impounded therein.
(Ord. No. 21-75, § 2, 4-7-75)
Sec. 7-50. Records generally.
The animal control officer shall keep accurate records of all animals received at the shelter and released including the date and from whom received, the description of the animal, and the name and address of the person receiving the animal. He shall also keep an accurate count and description of animals destroyed.
(Ord. No. 21-75, § 2, 4-7-75)
Sec. 7-51. Record of bites.
The animal control officer shall keep an accurate record of all animal bites.
(Ord. No. 21-75, § 2, 4-7-75)
Sec. 7-52. Injured animals.
(a) If an animal without identification is injured and the owner cannot be found, it will be the duty of the animal control officer to determine if that animal for humane reasons, due to the extent of the injury and the suffering, shall be destroyed. The city and animal control officer shall not be held liable in any way for this humane act.
(b) If an injured animal with a license tag issued by the city is picked up, it shall, if possible, be delivered to a licensed veterinarian. All expenses of the city and the veterinarian charges and fees must be paid by the animal owner.
(Ord. No. 21-75, § 2, 4-7-75)
Sec. 7-53. Each violation a separate offense.
Each violation of each section of this article is a separate offense.
(Ord. No. 21-75, § 2, 4-7-75)
Secs. 7-54--7-59. Reserved.
ARTICLE IV. LICENSING*
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*Cross referenceLicenses, ch. 23.
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Sec. 7-60. Licensing of dogs and cats required.
Each owner or keeper of a dog or cat of the age of six months or over shall, within 30 days of the acquisition of such animal or within 30 days of the time such animal becomes six months old, cause such animal to be licensed by the city of Sioux Falls. All applications for license certificates must be accompanied by a rabies immunization certificate and the appropriate fee. The term of the license is as follows:
Cats one year from date of issue
Dogs two years from date of issue
The license shall take effect when issued. Each owner or keeper of a dog or cat must make application to renew the license prior to the expiration of such license, accompanied by a fee as set forth in Section 7-62 of the Revised Ordinances of Sioux Falls, South Dakota.
Sec. 7-61. Application for license certificate and tag.
(a) Every owner or keeper of a dog or cat within the city must submit an application for animal license for each animal owned that is six months old or older and a renewal application within one year and annually from the month of the first license.
(b) A certificate and tag shall be issued upon receipt of proper application or license. The certificate shall at all times be in the possession of the owner. The tag shall be affixed to the licensed animal in a secure manner at all times. The owner shall contact animal control to report change of ownership, loss, or death of a licensed animal.
(c) If a tag or certificate is lost, either may be replaced for a fee of $1.00 by applying to the animal shelter.
(a) The fee for an original and a renewal dog or cat license shall be as follows:
Neutered male dog $10.00
Neutered male cat $ 5.00
Spayed female dog 10.00
Spayed female cat 5.00
Unneutered male dog 50.00
Unneutered male cat 25.00
Unspayed female dog 50.00
Unspayed female cat 25.00
(b) The fee for designated licensing agencies shall be as follows: Places of business designated by the board of health to make available animal licenses to owners as a convenience may charge up to $5.00 for each new or renewal license in order to defray the costs of providing the licensing service and the recordkeeping expense associated therewith.
It is conducive to the promotion of the health and general welfare of the inhabitants of this city to require permits for guard dogs used on commercial property, and to establish regulations for the proper and safe use of guard dogs in protecting commercial property.
(Ord. No. 12-80, § 6, 3-3-80)
Sec. 7-81. Same--Application; transfers; inspections; fee; tags; term.
(a) A guard dog permit must be obtained for each commercial property where guard dogs are to be used. Procedures for permit application, for inspection of guard dog facilities, and for issuance of dog identification tags will be established by the animal control officer, or his designee. Permits for both permanent and temporary locations may be transferred to a new location operated by the same business firm during the license year. However, such transfers shall not be effective until the animal control officer, or his designee, has inspected and approved the required facilities at the new location, and the information required in this section for permit applications has been recorded. Five working days' advance notification shall be required by the animal control officer, or his designee, for permit transfers.
(b) Permit applications shall include the following information:
(1) The business name, address and telephone number of the commercial property where guard dogs are to be used.
(2) The name, address, and telephone number of the handler who can be reached at any time of the day or night.
(3) The number of dogs to be used and a general description of their use.
(4) The location where the dogs are to be housed.
(5) Any other information that the animal control officer, or his designee, deems necessary by rule and regulation. Permit holders shall notify the animal control officer, or his designee, if any information recorded as part of the permit application is changed during the course of the period for which the permit is issued.
(c) The animal control officer, or his designee, shall inspect the facilities where the guard dog is to be used and housed when the guard dog permit is applied for and when it is renewed.
(d) If the inspection reveals that the requirements of this article are met, a fee of $100.00 shall be paid and a guard dog license and special guard dog identification tags for the approved commercial property shall be issued by the animal control officer, or his designee. The permit shall be displayed at the approved commercial property and an identification tag shall be affixed to the collar of each dog used. Holders of the guard dog permit shall be exempt from the license fee requirements of section 7-60 for their guard dogs.
(e) The guard dog permit shall be valid for the period of one year and must be renewed annually within 30 days after the renewal date. The renewal fee shall be $100.00.
(f) The guard dog permit must be obtained prior to housing or utilizing guard dogs at the commercial property, provided that for those commercial properties where guard dogs are in use when this article becomes effective, there shall be a period of 90 days in which to obtain the permit without penalty.
(Ord. No. 12-80, § 6, 3-3-80)
Sec. 7-82. Housing, facilities and handling.
Whenever there is a guard dog on the premises, the standards of this section in addition to the other requirements of this article shall be complied with.
(1) Housing must have anti-escape fences completely surrounding it or be an anti-escape building sufficient to house guard dogs.
(2) All gates and entrances to the area where the guard dog is housed, used or trained must be kept locked when the handler is not present.
(3) Where guard dogs are used outside buildings, the area must be enclosed by at least a six-foot chainlink fence or other enclosure of equal security, to which anti-escape devices have been added. The adequacy of the fencing shall be subject to the approval of the animal control officer or his designee.
(4) In order to control noise, the animal control officer, or his designee, may require a sight barrier which breaks the dog's line of sight.
(5) In buildings where the guard dogs are used, exterior glass must be adequate to prevent the dog from jumping through it. Additional protective measures may be required by the animal control officer, or his designee.
(6) The building and yard in which a guard dog is used must be posted with guard dog signs, approved by the animal control officer, or his designee, that shall not be more than 200 feet apart, and shall be at all property corners and at every entrance into the area.
(7) For guard dogs either transported or utilized in vehicles, adequate measures must be taken to prevent the public from accidental contact with the guard dog.
(8) A handler is required to be physically present while guard dogs are being utilized at temporary sites which do not comply with this article.
(9) All guard dogs will be leashed and muzzled when on a public street.
(Ord. No. 12-80, § 6, 3-3-80)
Sec. 7-83. Exclusions.
Dogs that are used as private guard dogs on the property of their owner's private residence shall be excluded from the provisions of this article unless the residence is located on premises utilized for commercial purposes.
(Ord. No. 12-80, § 6, 3-3-80)
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