Public Notice: Dog Ordinance City of Martin

Public Notice

Dog Ordinance

2-3-2 License And Registration Required - Fees - Exceptions

All dogs and cats kept, harbored or maintained by their owners in the City of Martin shall be licensed and registered if over six months of age. Dog and cat licenses shall be issued by the City Office Clerk upon proof of current rabies vaccination and payment of a license fee. The license fee for each dog or cat shall be set by resolution of the City Council, with an additional charge for each dog or cat over one in the household. The owner shall state at the time application is made for license and upon printed forms provided for such purpose his or her name and address, and the name, breed, color and sex of each dog or cat owned or kept by him. The provisions of this Section shall not be intended to apply to dogs or cats whose owners are nonresidents temporarily (three months per year or less) within the City; to dogs or cats brought into the City for the purpose of participating in any dog or cat show; or to seeing eye dogs properly trained to assist blind persons for the purpose of aiding them in going from place to place.

Source: 1986 Rev. Ord. 5, Sec. 11, 12/18/86; Ord. 54, Sec. 11, 11/21/90; Ord. 179, 4/25/12; Authority: SDCL 9-29-12.

2-3-3 Tag & Collar

Upon payment of the license fee, which is $5.00 for a neutered animal and $10.00 for an unneutered animal, the City Office shall issue to the owner a license certificate and a metallic tag for each dog or cat so licensed. The shape of the tag shall be changed every year and the number corresponding with the number of the certificate. Every owner shall be required to provide each dog or cat with a collar to which the license tag must be affixed and shall see that the collar and tag are constantly worn. The collar shall be of a size and color that will be conspicuous to law enforcement enforcing this Chapter, if possible. In case a dog or cat tag is lost or destroyed, a duplicate will be issued by the City Office upon presentation of a receipt showing the payment of the license fee for the current year, and the payment of $1.00 for such duplicate. Dog or cat tags shall not be transferable from one dog or cat to another, and no refunds shall be made on any dog or cat license fee because of the death of the dog or cat or the owner’s leaving the City before expiration of the license period. Upon payment to the City Office, the sum of the license fee as previously stated, this license shall be valid from January 1 to December 31 (inclusive) of each year.

Source: 1986 Rev. Ord. 5, Sec. 2, 12/18/86; Ord. 54, Sec. 2, 11/21/90; Ord. 155, 5/20/08; Ord. 179, 4/25/12; Authority: SDCL 9-29-12.

2-3-4 Dogs Or Cats Running At Large - As Public Nuisance

No owner or keeper shall permit any dogs or cats to become a public nuisance. For the purpose of this Chapter, a public nuisance is defined as:

(1) excessive barking or meowing to the point that it creates public annoyance;

(2) running in packs;

(3) being on public property and by their presence creating a public disturbance and constituting threat to the safety of any person;

(4) being on the private property of persons other than the owner and digging holes, tearing up garbage bags or containers, or otherwise interfering with the normal and reasonable use and enjoyment of such private property by said persons; or

(5) creating by their presence an offensive and foul odor. When off the premises of the owner, dogs or cats must be accompanied by a person who has full control of the dog or cat at all times.

Source: 1986 Rev. Ord. 5, Sec. 3, 12/18/86: Ord. 54, Sec. 3, 11/21/90; Ord. 179, 4/25/12; Authority: SDCL 9-29-12.

2-3-5 Impoundment Of Dogs Or Cats

It shall be the duty of every police officer, pound master, dog catcher, or other person officially designated by the City of Martin to apprehend any dog or cat found running at large or which has become a public nuisance as herein provided in Code sec. 2-3-4 and to impound such dog or cat in the City Dog Pound or other suitable place. The pound master or some other designated official, upon receiving any dog or cat shall make a complete registry, entering the breed (if known), color and sex of such dog or cat. He/she shall enter the name and address of the owner, the number of the license tag, if any, and location of where the dog or cat was found.

Any dog or cat found running at large without a dog or cat tag issued by the City and which is unable to be captured easily shall be subject to extermination without notice. Puppies or kittens under 6 months of age are exempt from immediate extermination.

Source: 1986 Rev. Ord. 5, Sec. 4, 12/18/86; Ord. 54, Sec. 4, 11/21/90; Ord. 179, 4/25/12; Authority: SDCL 9-29-12; Cross-Ref.: Code 2-3-4.

2-3-6 Notice To Owner Of Impoundment - Redemption

As soon as possible after the impoundment of any licensed dog or cat, the owner shall be notified by the City and pound. The owner of any dog or cat so impounded may reclaim such licensed dog or cat upon payment of costs and charges incurred by the City of Martin for the impounding and maintenance of said dog or cat at a daily rate set by resolution of the City. All dogs and cats shall be impounded for a period of 48 hours. If at the expiration of 48 hours from the date of impoundment such dog or cat has not been redeemed, it shall be disposed of as provided for in this Code. The City is not responsible for notifying the owners of unlicensed dogs or cats that are impounded. Any provisions of the Ordinances of the City of Martin which are contrary to the intent and purposes of this Ordinance are hereby declared to be repealed.

Source: 1986 Rev. Ord. 5, Sec. 5, 12/18/86; Ord. 54, Sec. 5, 11/21/90; Ord. 155, 5/20/08; Ord. 179, 4/25/12; Authority: SDCL 9-29-12.

2-3-8 Vaccination

It shall be unlawful for the owner of any dog or cat to keep or maintain the dog or cat within the City limits of Martin unless it has been vaccinated by a licensed veterinarian with antirabies vaccine according to current recommendations for the vaccine used.

Source: 1986 Rev. Ord. 5, Sec. 8, 12/18/86; Ord. 54, Secs. 8, 11/21/90; Ord. 179, 4/25/12; Authority: SDCL 9-29-12.

2-3-9 Limit Of Dogs And Cats Per Household

There shall be a limit of three dogs and/or cats or any combination thereof, per household within the city limits of Martin, South Dakota.

Source: Ord. 179, 4/25/12; Authority: SDCL 9-29-12 and 9-2-13.

2-3-10 Sick Animals

Any animal displaying symptoms or characteristics of rabies may be seized by law enforcement and can be destroyed by a veterinarian upon authorization of the chief of police.

Source: Ord. 179, 4/25/12; Authority: SDCL 9-29-12 and 9-2-13.

2-3-11 Penalty

(l) Criminal penalties. If any person, firm or corporation shall violate any provision of this Chapter or any provision thereof, he or she shall be guilty of a misdemeanor and punished by a fine of not more than $200 or by confinement not to exceed 30 days in the County Jail, or both the fine and imprisonment. Each day of violation of any provision of this chapter shall constitute a separate offense. The payment of a fine imposed in criminal proceedings pursuant to this subsection does not relieve the person of the liability for any taxes, fees, costs, or penalties otherwise imposed under this chapter.

(2) Citations and pound fees. No impounded animal may be redeemed from the pound until all incurred pound fees have been paid in full. The pound fee will be established by resolution of the City. The citation may be delivered in person to the violator; or, if the violator cannot be readily found, the citation may be mailed to the violator by first-class or certified mail.

Source: Ord. 171, 9/13/11; Ord. 179, 4/25/12; Authority: SDCL 9-29-12 and 9-2-13.

Published once at the total approximate cost of $93.15

Published: February 27, 2019

502 Second Avenue, Martin, SD 57551 • 605-685-6866 •