City of Marion v. Schoenwald

KONENKAMP, Justice.

[¶ 1.] To keep excessive numbers of large dogs from becoming a public nuisance, the City of Marion passed an ordinance that, among other things, limited households to four dogs, only two of which could weigh over 25 pounds. When the ordinance was challenged in court, the weight restriction was struck down. We reverse that ruling. South Dakota law permits municipalities broad power to regulate the keeping of dogs, and thus the weight limitation included in the City’s comprehensive pet ordinance was within its authority.

A

[¶ 2.] Marion city officials heard numerous complaints…