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North Dakota

NORTH DAKOTA CENTURY CODE ANNOTATED. TITLE 11. COUNTIES. TITLE 20.1. GAME, FISH, PREDATORS, AND BOATING. TITLE 23. HEALTH AND SAFETY. TITLE 36. LIVESTOCK. TITLE 40. MUNICIPAL GOVERNMENT. TITLE 42. NUISANCES. TITLE 43. OCCUPATIONS AND PROFESSIONS.

Statute Details
Printable Version
Citation: ND ST 11-11-14; 20.1-04-12 - 12.2; 20.1-05-02.1; 23-36-01 - 09; 36-21-10 - 11; 40-05-01 -2; 40-05-19; 42-03-01 - 04; 43-29-16.1

Citation: NDCC 11-11-14; 20.1-04-12 - 12.2; 20.1-05-02.1; 23-36-01 - 09; 36-21-10 - 11; 40-05-01 -2; 40-05-19; 42-03-01 - 04; 43-29-16.1


Last Checked by Web Center Staff: 01/2013

Summary:   These statutes comprise North Dakota's dog laws.  Among the provisions include municipal powers to regulate dogs, rabies, control laws, provisions that define dogs as a public nuisance, and laws concerning dogs that harass big game or livestock.


Statute in Full:

TITLE 11. COUNTIES.  CHAPTER 11-11. BOARD OF COUNTY COMMISSIONERS.

11-11-14 Powers of board of county commissioners.  (For dog related powers see Sec. 22)

TITLE 20.1. GAME, FISH, PREDATORS, AND BOATING.  CHAPTER 20.1-04. BIRDS, REGULATIONS.

20.1-04-12 When gun dogs not to be trained or permitted to run loose -- Exceptions -- Penalty.

20.1-04-12.1. Gun dog activities--Permit required--Fee

20.1-04-12.2. Gun dog training area--Permit

TITLE 20.1. GAME, FISH, PREDATORS, AND BOATING.  CHAPTER 20.1-05. BIG GAME ANIMALS, REGULATIONS.

20.1-05-02.1 Unattended dogs harassing or killing big game animals.

TITLE 23. HEALTH AND SAFETY.  CHAPTER 23-36. RABIES CONTROL.

23-36-01 Definitions.

23-36-02 Policy - Local authority.

23-36-03 Enforcement authority.

23-36-04 Administrative search warrant.

23-36-05 Assistance of state and local agencies.

23-36-06 Payment for postexposure treatment.

23-36-07 Penalty for violation of order or interference.

23-36-08 Limitation on liability.

23-36-09 Owner's responsibility.

TITLE 36. LIVESTOCK.  CHAPTER 36-21. GENERAL PROVISIONS.

36-21-10 Dogs, wolves, and coyotes worrying livestock or poultry may be killed.

36-21-11 Owners of dogs liable for damages done to livestock -- Procedure when damages done by pack of dogs.

TITLE 40. MUNICIPAL GOVERNMENT.  CHAPTER 40-05. POWERS OF MUNICIPALITIES.

40-05-01 Powers of all municipalities.  (For dog related powers, see Secs. 42, 44, and 47)

40-05-02 Additional powers of city council and board of city commissioners.  (For dog related powers, see Sec. 22).

40-05-19 City tax levy for animal shelters -- Sterilization of animals.

TITLE 42. NUISANCES.  CHAPTER 42-03. DOGS AS PUBLIC NUISANCE.

42-03-01 When dogs are a public nuisance.

42-03-02 Owner of dog not known.

42-03-03 Hearing -- Judgment -- Execution.

42-03-04 Costs.

TITLE 43. OCCUPATIONS AND PROFESSIONS.  CHAPTER 43-29. VETERINARIANS.

43-29-16.1 Abandonment of animals by owner.

 

 

TITLE 11. COUNTIES.  CHAPTER 11-11. BOARD OF COUNTY COMMISSIONERS.

11-11-14 Powers of board of county commissioners.  (For dog related powers see Sec. 22)

The board of county commissioners shall have the following powers:

* * *

22. To regulate the confinement and control of dogs, cats, and other household pets, provided the regulations do not conflict with rules adopted by the state board of animal health.

Source: Pol. C. 1877, ch. 21, §§ 28, 29; R.C. 1895, §§ 1905, 1906; S.L. 1899, ch. 59, § 1; R.C. 1899, §§ 1905, 1906; R.C. 1905, §§ 2399, 2400; S.L. 1907, ch. 67, § 1; 1911, ch. 115; C.L. 1913, §§ 3273 to 3275; S.L. 1937, ch. 123, § 1; R.C. 1943, § 11-1114; S.L. 1955, ch. 112; 1957 Supp., § 11-1114; S.L. 1967, ch. 158, § 3; 1969, ch. 208, § 1; 1971, ch. 123, §§ 1, 2; 1973, ch. 89, § 1; 1975, ch. 91, § 2; 1975, ch. 92, § 2; 1977, ch. 90, § 1; 1977, ch. 91, § 1; 1979, ch. 162, § 1; 1983, ch. 82, § 10; 1985, ch. 158, § 1; 1985, ch. 236, § 1; 1985, ch. 453, § 1; 1987, ch. 145, § 1; 1989, ch. 144, § 1; 1989, ch. 145, §§ 1, 2; 1993, ch. 54, § 106; 1993, ch. 96, § 1; 1995, ch. 110, § 1; 1999, ch. 101, § 1; 2003, ch. 48, § 5.

 

TITLE 20.1. GAME, FISH, PREDATORS, AND BOATING.  CHAPTER 20.1-04. BIRDS, REGULATIONS.

20.1-04-12 When gun dogs not to be trained or permitted to run loose -- Exceptions -- Penalty.

No person, classified as a professional trainer, between April first and July fourteenth of each year, both dates inclusive, may train or run any gun dog or allow any such dog to run loose. For purposes of this section, a professional trainer is any person who trains any breed of gun dog for remuneration which is the basis for the person's livelihood. This section does not prohibit the running of gun dog field trials, nor does this section prohibit the training of an individual's personal gun dog during that period provided that:

1. Landowner permission is secured by the trainer;

2. The trainer is present;

3. No native game birds are killed or captured; and

4. The training is not on a designated game management area or designated waterfowl production area.

Any person who violates this section is guilty of a class 2 noncriminal offense.

Source: S.L. 1973, ch. 202, § 11; 1975, ch. 211, § 2; 1985, ch. 272, § 15.

 

§ 20.1-04-12.1. Gun dog activities--Permit required--Fee

1. The director shall issue a permit for the following gun dog activities:

a. The training exercises of a resident or nonresident professional trainer;

b. The training exercises of a nonresident amateur trainer who brings more than four gun dogs into the state; and

c. Hosting field trials that use live wild birds.

2. The application for the permit must be in a form prescribed by the director and must be accompanied by the appropriate fee.

3. Upon the receipt of the completed application and fee the director shall issue a permit for a specified period of time and shall require the permitholder to submit an annual report.

4. The fees for the permits are:

a. For a resident professional gun dog trainer for training exercises or hosting field trials, ten dollars.

b. For a nonresident professional gun dog trainer for training exercises or hosting field trials, one hundred dollars.

c. For a permit to a nonresident amateur who brings more than four gun dogs into this state, twenty-five dollars.

5. For purposes of this section, a professional trainer is a person who trains any breed of gun dog for remuneration that is the basis for that person's livelihood.

CREDIT(S)

S.L. 1991, ch. 247, § 1; S.L. 2003, ch. 48, § 13.


 

§ 20.1-04-12.2. Gun dog training area--Permit

Notwithstanding section 20.1-04-12, a professional trainer may apply to and obtain from the department a permit designating a specific training area, not to exceed forty acres [16.19 hectares], as an exempt training area.

1. In the exempt training area, a professional trainer may train or run any gun dog or allow the gun dog to run loose at any time.

2. The fee for the permit may not exceed ten dollars per year.

CREDIT(S)

S.L. 2009, ch. 17, § 3, eff. July 1, 2009.

 

TITLE 20.1. GAME, FISH, PREDATORS, AND BOATING.  CHAPTER 20.1-05. BIG GAME ANIMALS, REGULATIONS.

20.1-05-02.1 Unattended dogs harassing or killing big game animals.

Any district game warden may kill any unattended dog harassing or killing big game. No action for damages may be maintained against the person for the killing.

Source: S.L. 1979, ch. 307, § 1.

 

TITLE 23. HEALTH AND SAFETY.  CHAPTER 23-36. RABIES CONTROL.

23-36-01 Definitions.

As used in this chapter:

1. "Bite" means any penetration of the skin by an animal's teeth.

2. "Clinical symptoms of rabies" means physical signs or symptoms or animal behavior that would lead a reasonably prudent veterinarian to conclude that a diagnosis of possible rabies is indicated.

3. "Confinement" means separation of an animal from humans, other than the owner, caretaker, a member of the owner's family, or the caretaker's employees, and from other animals, by means of a building, cage, fence, pen, or other secure enclosure that restricts the animal's movement within definite boundaries and prevents the animal from exiting the enclosure.

4. "Department" means the state department of health.

5. "Domestic animal" means any dog [canis familiaris], cat [felis domestica], horse, mule, bovine animal, sheep, goat, bison, llama, alpaca, swine, or captive-bred, currently vaccinated ferret.

6. "Emergency" means a situation in which an immediate search and seizure of an animal is necessary and authorized by section 8 of article I of the Constitution of North Dakota and the fourth amendment to the Constitution of the United States because of a risk of death or serious bodily injury to a human or another animal.

7. "Exposure to rabies" means any bite or scratch, and includes any nonbite contact of an individual with an animal, animal tissue, or fluids that are defined as an exposure to rabies by the federal advisory committee on immunization practices referred to in Public Law No. 103-66 [107 Stat. 636, 642; 42 U.S.C. 1396s(e)].

8. "Impound" means quarantining an animal at a public pound or an animal facility of a licensed veterinarian.

9. "Law enforcement officer" has the meaning of that term as set forth in section 12.1-01-04.

10. "Quarantine" means confinement in a fixed area that keeps a possibly rabid animal secure and isolated from all other animals so there is no reasonable possibility of rabies being mechanically transmitted from the confined area.

11. "Vaccinated animal" means an animal that has been vaccinated in compliance with the compendium of animal rabies control issued by the national association of state public health veterinarians.

12. "Wild mammal" means any animal of the order mammalia which is not a domestic animal and includes any hybrid of a domestic animal and a mammal regardless of whether the animal is:

a. Wildlife as defined in section 20.1-01-02; or

b. Held in private ownership.

Source: S.L. 1999, ch. 243, § 1.

 

23-36-02 Policy - Local authority.

1. The department shall establish a rabies control program that must place primary emphasis on human exposure to rabies.

2. The department shall consider national peer-reviewed recommendations for the control of rabies during the development of the department's rabies control program.

3. This chapter may not be construed to limit the authority of any local agency to control or prevent rabies, and, upon request, the department may assist any local agency in rabies control and prevention activities, but the fact that possible rabies exposure is subject to a local ordinance does not limit the department's authority under this chapter.

4. This chapter may not be construed to limit a law enforcement officer's ability to immediately seize, humanely kill, and request the testing of an animal for rabies if emergency circumstances exist that endanger human health or safety.

Source: S.L. 1999, ch. 243, § 1.

 

23-36-03 Enforcement authority.

1. The department, or an agency acting on the department's behalf, may promptly seize and humanely kill, impound at the owner's expense, or quarantine any animal if the state health officer, or the state health officer's designee, has probable cause to believe the animal presents clinical symptoms of rabies.

2. The department, or an agency acting on the department's behalf, may promptly seize and humanely kill, impound at the owner's expense, or quarantine any wild mammal that is not currently vaccinated for rabies by a vaccine approved for use on that species by the national association of state public health veterinarians, inc., or any stray or unwanted domestic animal, if the state health officer, or the state health officer's designee, determines the animal is a threat to human life or safety due to the possible exposure of an individual to rabies.

3. The department, or an agency acting on the department's behalf, may promptly seize and quarantine, or impound at the owner's expense, any dog, cat, or currently vaccinated ferret for a period of ten days, or any other domestic animal for a period not exceeding six months, if the state health officer, or the state health officer's designee, determines the animal is a threat to human life or safety due to the possible exposure of an individual to rabies.

4. If an animal is humanely killed under this section, then at the request of the state health officer, or the state health officer's designee, the animal's brain must be tested for rabies by the state microbiology laboratory of the department or by the North Dakota veterinary diagnostic laboratory. The department may conduct a diagnosis of farm animals, domestic animals, and wildlife that are suspected of having rabies and report findings as appropriate.

5. If an animal that has bitten or otherwise exposed an individual or another animal is not seized for testing, a law enforcement officer with jurisdiction over the place where the animal is located may determine whether to impound or quarantine the animal under subsection 3 and which method of confinement to use.

6. A licensed veterinarian shall examine, at the owner's expense, a confined animal on the first and last day of the animal's confinement and, at the request of the department or a local public health unit, at any other time during confinement.

CREDIT(S)

S.L. 1999, ch. 243, § 1; S.L. 2009, ch. 160, § 2, eff. Aug. 1, 2009.
 

23-36-04 Administrative search warrant.

Except in the case of an emergency, the department, or another state or local agency acting on the department's behalf, may seize an animal located on private property only as authorized by an administrative search warrant issued under chapter 29-29.1. A warrant to seize an animal under this section must include a request to quarantine, impound, or humanely kill and test the animal.

SOURCE: S.L. 1999, ch. 243, § 1.

 

23-36-05 Assistance of state and local agencies.

If a warrant is issued under section 23-36-04 and upon written request of the department, the game and fish department, the state veterinarian, or the wildlife services program of the United States department of agriculture animal and plant health inspection service shall provide assistance to the department in any action to seize, impound, quarantine, or test an animal suspected of having rabies or that has possibly exposed an individual to rabies, and shall carry out any other preventive measures the department requests. For purposes of this section, a request from the department means only a request for assistance as to a particular and singular suspicion of exposure to rabies and does not constitute a continuous request for assistance.

The duty of the game and fish department to cooperate and provide assistance under this section is limited to cases involving a wild mammal and is applicable only if no other agency is available for law enforcement or animal control services.

SOURCE: S.L. 1999, ch. 243, § 1.

 

23-36-06 Payment for postexposure treatment.

The department may provide, at no cost, rabies postexposure vaccine to an individual possibly exposed to rabies if the department determines the individual is financially unable to pay for the postexposure vaccine treatment.

SOURCE: S.L. 1999, ch. 243, § 1.

 

23-36-07 Penalty for violation of order or interference.

A person is guilty of an infraction if the person:

1. Conceals, releases, or removes an animal from the place where the animal is located with intent to impair that animal's availability for seizure under that warrant or order while the person is under the belief that a search warrant or judicial order is pending or is about to be issued for the seizure of an animal;

2. Fails to impound or quarantine an animal for the period and at the place specified after having been ordered to impound or quarantine the animal; or

3. Recklessly hinders any state or local official in any pending or prospective action to seize, impound, quarantine, or test an animal under this chapter.

SOURCE: S.L. 1999, ch. 243, § 1.

 

23-36-08 Limitation on liability.

Subject to any other requirements of section 32-12.2-02, the owner of an animal may bring a claim for money damages, and may recover an amount up to the replacement value of the animal, if the owner establishes that before the animal was seized and tested for rabies under this chapter, the state health officer, or the state health officer's designee, knew or recklessly failed to determine that the animal, at the time of the exposure, was lawfully owned and licensed and that:

1. The animal was a wild mammal, and, at the time of the exposure, was currently vaccinated with a vaccine approved for use on an animal of that species by the national association of state public health veterinarians, inc.;

2. The animal had not bitten, scratched, or otherwise possibly exposed a person to rabies; or

3. The animal was a domestic animal and there was not probable cause to believe the animal was rabid.

SOURCE: S.L. 1999, ch. 243, § 1.

 

23-36-09 Owner's responsibility.

1. The owner of an animal is liable for the cost of quarantine and veterinary services, and for the cost of any postexposure treatment received by an individual who is possibly exposed to rabies by the owner's animal, if the animal is not:

a. Licensed or registered as required by any state or local law or rule applicable to that species; or

b. Confined or vaccinated as required by any state or local law or rule applicable to that species.

2. This section may not be construed to limit any other liability of an animal owner for injury or damage caused by the owner's animal.

SOURCE: S.L. 1999, ch. 243, § 1.

 

TITLE 36. LIVESTOCK.  CHAPTER 36-21. GENERAL PROVISIONS.

36-21-10 Dogs, wolves, and coyotes worrying livestock or poultry may be killed.

Any person may kill any dog, wolf, or coyote kept as a domestic animal:

1. When he sees such animal in the act of killing, chasing, worrying, or damaging any livestock or poultry; or

2. When he discovers such animal under circumstances which satisfactorily show that recently it has been engaged in killing or chasing sheep.

A person who kills any dog, wolf, or coyote under conditions specified in this section is not liable in any civil action to the owner of such animal.

Source: S.L. 1890, ch. 155, § 9; R.C. 1895, § 1569; R.C. 1899, § 1569; R.C. 1905, § 1957; C.L. 1913, § 2641; S.L. 1939, ch. 13, § 1; R.C. 1943, § 36-2110.

 

36-21-11 Owners of dogs liable for damages done to livestock -- Procedure when damages done by pack of dogs.

The owner of any dog which kills, wounds, or chases any sheep or other domestic animal or poultry belonging to another person is liable to such other person for all damages caused thereby. If one or more of several dogs which are owned by different persons participates in the killing, wounding, or chasing of sheep or other domestic animals or poultry while running together, the owners of the respective dogs so running together may be sued jointly, and a joint verdict and judgment may be rendered against the owners of such dogs. If one or more of the defendants pays such a joint judgment, the payor or payors may have contribution from the defendants who have not paid in an appropriate action in which the respective damages committed by the several dogs running together may be prorated. No exemption is allowed to any person against whom a judgment is entered under the provisions of this section.

Source: S.L. 1890, ch. 155, § 8; R.C. 1895, § 1570; R.C. 1899, § 1570; R.C. 1905, §§ 1958, 1959; C.L. 1913, §§ 2642, 2643; S.L. 1927, ch. 252, § 1; R.C. 1943, § 36-2111.

 

TITLE 40. MUNICIPAL GOVERNMENT. CHAPTER 40-05. POWERS OF MUNICIPALITIES.

40-05-01 Powers of all municipalities.  (Editied. For dog related powers, see Secs. 42, 44, and 47)

The governing body of a municipality shall have the power:

1. Ordinances. To enact or adopt all such ordinances, resolutions, and regulations, not repugnant to the constitution and laws of this state, as may be proper and necessary to carry into effect the powers granted to such municipality or as the general welfare of the municipality may require, and to repeal, alter, or amend the same. The governing body of a municipality may adopt by ordinance the conditions, provisions, and terms of a building code, a fire prevention code, a plumbing code, an electrical code, a sanitary code, vehicle traffic code, or any other standard code which contains rules and regulations printed as a code in book or pamphlet form by reference to such code or portions thereof alone without setting forth in said ordinance the conditions, provisions, limitations, and terms of such code. When all or part of any such code has been incorporated by reference into any ordinance, it has the same force and effect as though it had been spread at large in such ordinance without further or additional posting or publication. A copy of such standard code or portion thereof shall be filed for use and examination by the public in the office of the city auditor of such municipality prior to adoption. The adoption of any such standard code by reference shall be construed to incorporate such amendments thereto as may be made therein from time to time, and such copy of such standard code so filed shall at all times be kept current in the office of the city auditor of such municipality. The adoption of any such code or codes heretofore by any municipality is hereby validated. Fines, penalties, and forfeitures for the violation thereof may be provided within the limits specified in this chapter notwithstanding that such offense may be punishable also as a public offense under the laws of this state.

***
24. Licenses. To fix the amount, terms, and manner of issuing and revoking licenses.

***

42. Cruelty to animals. To prohibit and punish cruelty to animals.

***

44. Nuisances. To declare what shall constitute a nuisance and to prevent, abate, and remove the same.

45. Health regulations. To make regulations necessary or expedient for the promotion of health or for the suppression of disease.

***


47. Animals and poultry. To regulate or prohibit the running at large of animals and poultry, provide for the establishment and maintenance of public pounds for the impounding of any animals or poultry running at large or tethered in any street in violation of municipal ordinances, establish procedures for the impounding and discharging of animals and poultry impounded, make the expenses and fines imposed a lien upon such stock or poultry, and provide for the sale of the stock or poultry to satisfy such lien.

***


SOURCE: Pol. C. 1877, ch. 24, § 22; S.L. 1887, ch. 73, art. 4, § 1; 1887, ch. 105, § 1; 1887, ch. 106, § 1; 1890, ch. 100, §§ 1, 2; R.C. 1895, §§ 2148, 2365, 2459; S.L. 1897, ch. 102, § 1; 1897, ch. 148, § 1; 1899, ch. 40, § 1; 1899, ch. 172, § 1; R.C. 1899, §§ 2148, 2365, 2459; S.L. 1905, ch. 62, § 47; 1905, ch. 95, § 16; 1905, ch. 186, § 1; R.C. 1905, §§ 2105, 2678, 2864, 2963; S.L. 1907, ch. 45, § 48; 1907, ch. 90, § 17; 1907, ch. 268, § 1; 1909, ch. 92, § 26; 1911, ch. 5; 1911, ch. 73, § 1; 1911, ch. 77, § 48; 1913, ch. 75, § 1; 1913, ch. 83, § 1; 1913, ch. 291, § 1; C.L. 1913, §§ 2860, 3599, 3818, 3861, 3863, 3990; S.L. 1917, ch. 75, § 1; 1921, ch. 34; 1923, ch. 222, § 20; 1923, ch. 326; 1925, ch. 104; 1925 Supp., §§ 2079b1 to 2079b13, 2889b20, 3599, 3818; S.L. 1927, ch. 270, § 1; 1929, ch. 86, § 1; 1931, ch. 92, §§ 1, 2; 1931, ch. 191, §§ 1, 2; 1931, ch. 202, § 1; 1933, ch. 175, §§ 1, 3; 1933, ch. 247; 1935, ch. 283, § 1; 1939, ch. 9, § 1; 1941, ch. 187, § 8; R.C. 1943, § 40-0501; S.L. 1947, ch. 281, § 1; 1947, ch. 284, § 1; 1949, ch. 257, § 1; 1949, ch. 258, § 1; 1949, ch. 259, § 1; 1955, ch. 254, § 2; 1955, ch. 259, § 6; 1957 Supp., § 40-0501; S.L. 1959, ch. 285, § 4; 1959, ch. 302, § 1; 1959, ch. 303, § 1; 1963, ch. 286, § 1; 1963, ch. 287, § 1; 1967, ch. 323, § 116; 1969, ch. 367, § 1; 1971, ch. 387, § 1; 1971, ch. 594, § 2; 1975, ch. 119, § 13; 1979, ch. 444, § 1; 1981, ch. 131, § 10; 1981, ch. 407, § 1; 1985, ch. 453, § 2; 1985, ch. 454, § 1; 1987, ch. 489, § 1; 1989, ch. 488, § 2; 1993, ch. 54, § 106; 1993, ch. 402, § 1; 1999, ch. 211, § 16; 1999, ch. 503, § 9; 2003, ch. 340, § 1; 2003, ch. 341, § 1; 2003, ch. 342, § 3; 2007, ch. 293, § 17.

 

40-05-02 Additional powers of city council and board of city commissioners.  (Edited. For dog related powers, see Sec. 22).

The city council in a city operating under the council form of government and the board of city commissioners in a city operating under the commission system of government, in addition to the powers possessed by all municipalities, shall have power:

***

13. Zoning. To adopt a zoning ordinance as provided in this title; regulate the location of junk shops, coalyards, garages, machine shops, power laundries, hospitals, and undertaking establishments; and establish building lines fixing the distance from the property line at which buildings may be erected.

***


22. Dogs. To license dogs, and to regulate the keeping of dogs, including authorization for their disposition or destruction in order to protect the health, safety, and general welfare of the public provided, however, that license fees are waived in the case of an assistance dog.

***


CREDIT(S)

S.L. 1887, ch. 73, art. 4, § 1; S.L. 1887, ch. 106, § 1; S.L. 1890, ch. 100, §§ 1, 2; S.L. 1897, ch. 102, § 1; S.L. 1897, ch. 148, § 1; S.L. 1899, ch. 40, § 1; S.L. 1905, ch. 62, § 47; S.L. 1905, ch. 186, § 1; S.L. 1907, ch. 45, § 48; S.L. 1907, ch. 268, § 1; S.L. 1911, ch. 77, § 48; S.L. 1911, ch. 79, § 1; S.L. 1913, ch. 81, § 1; S.L. 1913, ch. 291, § 1; S.L. 1933, ch. 175, § 1; S.L. 1945, ch. 252, §§ 1, 2; S.L. 1959, ch. 285, § 5; S.L. 1967, ch. 324, § 1; S.L. 1969, ch. 368, § 1; S.L. 1971, ch. 388, § 1; S.L. 1975, ch. 106, § 453; S.L. 1975, ch. 339, §§ 20, 21; S.L. 1981, ch. 408, § 1; S.L. 1983, ch. 455, § 1; S.L. 1987, ch. 73, § 25; S.L. 1987, ch. 490, § 1; S.L. 2001, ch. 258, § 7; S.L. 2007, ch. 293, § 18, eff. April 5, 2007; S.L. 2009, ch. 347, § 1, eff. Aug. 1, 2009.

 

TITLE 40. MUNICIPAL GOVERNMENT.  CHAPTER 40-05. POWERS OF MUNICIPALITIES.

40-05-19. City tax levy for animal shelters -- Sterilization of animals.

The governing body of the city, when authorized by a vote of at least sixty percent of the electors voting on the question, may levy a tax not exceeding the limitation in subsection 27 of section 57-15-10 for the construction, operation, or maintenance of animal shelters. The proceeds of the tax must be kept in a separate fund and used exclusively for the purposes provided in this section. The levy authorized by this section may be used to defray expenses of any organization or agency incorporated under the laws of this state as a nonprofit corporation that has contracted with the governing body of the city in regard to the manner in which the funds will be expended and the services will be provided. No unclaimed dog or cat may be released for adoption by an animal shelter that receives funds from the levy under this section without being first sterilized, or without a written agreement and deposit from the adopter guaranteeing that the animal will be sterilized.

Souce: S.L. 1985, ch. 616, §§ 2, 3.

 

TITLE 42. NUISANCES.  CHAPTER 42-03. DOGS AS PUBLIC NUISANCE.

42-03-01 When dogs are a public nuisance.

Any dog that habitually molests a person traveling peaceably on the public road or street is a public nuisance. Upon written complaint to a district or municipal judge describing the dog, giving the name of the dog and the dog's owner if known, and, if not, so stating, and alleging that the dog is a public nuisance, the district or municipal judge shall give notice to the dog's owner that a complaint has been filed that the dog has been molesting certain persons and that the owner shall take the necessary action to prevent the dog from any further violations of this chapter. If the district or municipal judge receives a further complaint regarding the dog after notice has been given under this section, the judge shall issue a summons, if the owner is known, commanding the owner to appear before the judge in the same manner as other court summonses.

Source: S.L. 1959, ch. 314, § 1; 1981, ch. 320, § 101; 1997, ch. 51, § 32.

 

42-03-02 Owner of dog not known.

If it appears from the complaint that the owner is not known, ten days' notice shall be given by publication in one issue of a newspaper having wide circulation in the area. Such notice shall contain a description of the dog as given in the complaint, a statement that such complaint has been made, and the time and place of hearing thereon.

Source: S.L. 1959, ch. 314, § 2.

 

42-03-03 Hearing -- Judgment -- Execution.

On the day of hearing the district or municipal judge shall hear the evidence in the case. If the judge finds that the dog is a public nuisance, judgment must be entered accordingly, and the judge shall order any peace officer to kill and bury the dog, which order the peace officer shall forthwith execute.

Source: S.L. 1959, ch. 314, § 3; 1981, ch. 320, § 102; 1997, ch. 51, § 33.

 

42-03-04 Costs.

Costs shall be paid by the complainant, but if the dog is adjudged a nuisance, and the owner is known, judgment shall be entered against the owner for such costs.

Source: S.L. 1959, ch. 314, § 4.

 

TITLE 43. OCCUPATIONS AND PROFESSIONS.  CHAPTER 43-29. VETERINARIANS.

43-29-16.1 Abandonment of animals by owner.

1. Any animal placed in the custody of a licensed doctor of veterinary medicine for treatment, boarding, or other care, which is abandoned by its owner or its owner's agent for a period of more than ten days after a written notice, by registered or certified letter, return receipt requested, is given to the owner or its owner's agent at the last-known address, may be turned over to the custody of the nearest humane society or dog pound in the area or disposed of as such custodian may deem proper.

2. The giving of notice to the owner, or the agent of the owner, of such animal by the doctor of veterinary medicine, as provided in subsection 1, shall relieve the doctor of veterinary medicine and any custodian to whom such animal may be given of any further liability for disposal; it is further provided that such procedure by the licensed doctor of veterinary medicine does not constitute grounds for disciplinary procedure under this chapter.

3. For the purpose of this section, the term "abandoned" means to forsake entirely or to neglect or refuse to provide or perform the care and support of an animal by its owner or its owner's agent; such abandonment constitutes the relinquishment of all rights and claim by the owner of such animal.

Source: S.L. 1973, ch. 359, § 14; 1991, ch. 472, § 12.

 



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