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Minnehaha County, SD Animal Ordinances: Breed Restrictions (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing ordinance
MC52-17, adopted 11-14-2017
Who can declare vicious
ACO, treating physician, or court
Owner surrender window
24 hours after order
Loose + dangerous animal
May be euthanized without capture
Violation class
Class 2 misdemeanor (Art. VIII § 8.01)

Summary

Minnehaha County has no breed ban. Instead, the county's Revised Animal Control Ordinance lets an Animal Control Officer, a treating physician, or a court declare any individual dog or other animal "vicious" based on its own bite or attack history, triggering impoundment and possible euthanasia regardless of breed.

City-specific rules exist: Sioux Falls has its own breed restrictions rules that differ from Minnehaha County's county-level regulations. If you live in Sioux Falls, check the city-specific page instead.

3.04 VICIOUS ANIMAL. (A) An animal may be declared to be vicious by an Animal Control Officer, by the attending physician of the victim of an animal bite or scratch, or by a Court of competent jurisdiction, giving consideration the following guidelines: (1) An animal which, in a vicious or terrifying manner, approaches in 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... (3) 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) An animal declared to be vicious shall be taken into custody and impounded by the Animal Control Officer, or its authorized designee. If the animal is running at large it may be captured by the Animal Control Officer, or its authorized designee, or, if it cannot be captured and constitutes a public safety risk, it may be euthanized by the Animal Control Officer, any Law Enforcement Officer, or their authorized designee.

Full Breakdown

04(B) bars a vicious declaration where the injured party was trespassing, tormenting the animal, or committing a crime. 04(C); if it is at large and cannot be safely captured, it may be euthanized on the spot as a public-safety risk. An owner who has the animal in custody can be ordered, verbally or in writing, to surrender it within twenty-four hours; if the owner refuses, the officer can petition a Magistrate or Circuit Court Judge for an order authorizing entry onto the property to seize it.

04(D), if the officer and owner cannot agree on the animal's disposition, the Animal Control Officer asks the State's Attorney's Office to summon the owner to court to show cause why the animal should not be euthanized, with the owner bearing all impoundment, boarding and veterinary costs. 04(E) and can be euthanized without prior judicial approval.

Violations & Fines

Violating the Animal Control Ordinance is a Class 2 misdemeanor under Article VIII, Section 8.01. Beyond the criminal citation, a vicious-animal case carries its own consequences: impoundment, owner liability for all boarding and veterinary costs, a State's Attorney show-cause proceeding if the county seeks euthanasia, and possible immediate euthanasia if the animal is loose and dangerous or is an unclaimed "abandoned vicious animal."

Frequently Asked Questions

Does Minnehaha County ban pit bulls or other breeds?
No. The county ordinance does not name or restrict any breed. Section 3.04 evaluates individual animals by conduct, such as biting, attacking, or having a known propensity to attack, rather than by breed, so a declaration turns entirely on what that specific animal has done.
Who decides if my dog is 'vicious'?
An Animal Control Officer, the physician who treated a bite or scratch victim, or a court of competent jurisdiction can make the declaration under Section 3.04(A), weighing factors like where the attack happened and whether the animal has a known history of aggression.
Can a vicious dog be saved from euthanasia?
Yes, if the owner and Animal Control Officer agree on a disposition. If they cannot agree, Section 3.04(D) sends the case to the State's Attorney for a court show-cause hearing before euthanasia can be ordered, unless the animal poses an immediate public-safety risk while loose.
What if my dog bit someone who was trespassing?
Section 3.04(B) bars a vicious declaration if the injured person or animal was committing a willful trespass, tormenting or assaulting the animal, or committing or attempting a crime at the time of the incident.

Sources & Official References

Other rules in Minnehaha County

All Minnehaha County rules

How Minnehaha County compares: Cities with No Dog Breed Restrictions·Compare Minnehaha County to another location·View the South Dakota animal ordinances overview

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