In Marion, South Dakota, it is unlawful to keep, maintain or have in their possession or under their control any vicious animal, which includes Pit Bulls, Doberman Pincers, and Rottweilers. Police are authorized to impound any vicious dog or kill it without impounding it. A violation is a misdemeanor.
9.0312 Vicious or Diseased Animals.
A. Vicious animals prohibited. It shall be unlawful for any person to keep, maintain or have in their possession or under their control within the city any vicious animal.
B. Vicious animal defined. Any animal which, according to records of the appropriate authority, has inflicted serious injury on a human being on public or private property. Any animal, according to records of appropriate authority, has killed or seriously injured a domestic animal while OFF of the owners property. Any animal owned or harbored primarily or in part for the purpose of fighting, or any animal trained for fighting. Any animal which chases or approaches a person upon the streets, sidewalks, or any public or private property in a menacing fashion or apparent attitude of attack.
Any animal of a known propensity, tendency, or disposition to attack, to cause injury, or to otherwise threaten the safety of human beings or animals.
C. Specific canine breeds prohibited as vicious. It shall be unlawful for anyone to have in their possession or control any of the following breeds of canines within the City of Marion:
1. Pit Bulls
2. Doberman Pincer
3. Rottweilers
D. Exemptions for animals that are provoked. It is recommended no animal be declared vicious if the threat, injury or damage was sustained by a person who at the time was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the animal, or was teasing, tormenting, abusing or assaulting the animal, or has, in the past, been observed or reported to have teased, tormented, abused or assaulted the animal or was committing or attempting to conduct a crime.
If any dog is of a vicious disposition or has dangerous habits, or is suspected of being diseased, the police shall notify the owner or possessor of such dog orally or by written private or public notice to confine or muzzle such dog and if thereafter such owner or possessor fails to comply with such notice, the police are authorized, empowered and directed to kill or cause to be killed such dog, whether found running at large or upon the premises of the owner of such dog, forthwith, and without impounding such dog.
Any owner who allows a vicious animal to be in violation of the provisions of this section shall be guilty of a misdemeanor and if convicted will be guilty of a further violation each day that such condition is allowed to exist or goes uncorrected.
Any animal involved in an unprovoked attack which results in serious injury to any human, shall be impounded and if unable to be captured, any law enforcement officer is authorized to destroy the animal to prevent further endangerment to human life. Any animal impounded for an unprovoked attack which results in injury to any human, shall be euthanized, or at the discretion of the city the animal may be placed at a home outside of the city. Unless permitted by the city council, no vicious animal shall be returned to reside in the city. Because of the dangers involved in housing a vicious animal, the owner must show cause in court within five days of impoundment of vicious animal why the animal should not be destroyed.