City of Pierre v. Blackwell

GILBERTSON, Justice.

[¶ 1.] Henry Blackwell, Sr. (Blackwell) is the owner of a dog declared by an animal control officer to be “dangerous” pursuant to Pierre City Ordinance § 10-3-111. He was subsequently convicted under Pierre City Ordinance § 10-3-117, which makes it a crime to violate § 10-3-111. Blackwell challenges the conviction on the basis that the ordinances themselves are unconstitutional and that his constitutional right to procedural due process has been violated. We hold the ordinances to be constitutional but reverse and remand for determination on the factual issue of the dog’s…