Mina Lake

ORDINANCE NO.   2009-04-01
AN ORDINANCE FOR ANIMAL CONTROL IN RURAL EDMUNDS COUNTY
BE IT ORDAINED by Edmunds County AS FOLLOWS:
Article I
STATEMENT OF PURPOSE
The Animal Control Ordinance is enacted for the purpose of controlling animals and protecting the public in those areas located entirely outside of a municipal boundary, yet within Edmunds County.
ARTICLE II
DEFINITIONS
            The following words, terms, and phrases, when used in this ordinance shall have the following meaning ascribed to them in this section, except where the context clearly indicates a different meaning.
            Animal: For the purpose of this ordinance, animal shall mean dog or cat.
            Owner: A person who owns, has, keeps, harbors, or knowingly permits an animal to remain in, on or about his premises. The occupant of any premises to which a dog customarily returns is presumed to be the owner.
            Premises: A lot, parcel, tract or plot of land together with all buildings and structures.
ARTICLE III
GEOGRAPHIC JURISDICTION
This ordinance providing for the control of animals shall apply to all of Edmunds County, State of South Dakota, except for those areas incorporated within any municipality where a city ordinance exists.
ARTICLE IV
Running at Large Prohibited
The owner of an animal should not permit such animal to run at large. An animal shall be deemed to be running at large whenever such animal is off the premises and not under the immediate physical control of its owner, possessor, keeper, agent, servant or a member of the immediate family thereof. Whenever an animal is found running at large, the same shall constitute prima facie evidence that the owner permitted it to run at large.
ARTICLE V
EXEPTIONS
            The ordinance is not intended to prohibit or limit the ability of a dog to run at large in following circumstances:
(1)   While engaged in lawful hunting activity under the supervision of their owners or handlers;
(2)   While engaged in any lawful training activity under the supervision of their owners or handlers;
(3)   While engaged in any lawful herding or other farm related activity under the supervision of their owners or handlers.
ARTICLE VI
Enforcement of Ordinance
It shall be the duty of the Sheriff’s Department to carry out and enforce all the provisions of this ordinance. No person shall hinder, delay or obstruct the Sheriff, his/her assistance, or any law enforcement officer when such officer is engaged in performance of an official duty.
ARTICLE VII
SANCTIONS
Any owner found to be in violation of this section shall be given a written warning for the first offense, a fine in the amount of fifty dollars ($50) for the second offense, one hundred dollars ($100) for the third offense and two-hundred and fifty dollars ($250) for each subsequent offense thereafter within any one-year period.
ARTICLE VIII
DISPOSITION OF FEES
All fees collected pursuant to this Ordinance shall be deposited in the General Fund. The Edmunds County Treasurer shall provide the County Commissioners with a report of fees collected, as requested, but not less than once per year, prior to budget finalization.

ARTICLE IV
SEVERABILITY
Should any provision or section of this ordinance be held unconstitutional or invalid, such holdings shall not be construed as affecting the validity of any of the remaining provisions or sections, it being the intent of the County Commissioners that this ordinance shall stand, notwithstanding the validity of any provision or section thereof.
                                                                                                EDMUNDS COUNTY