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CITY OF PIERRE v. BLACKWELL

No. 21754.

635 N.W.2d 581 (2001)

2001 SD 127

CITY OF PIERRE, Plaintiff and Appellee, v. Henry BLACKWELL, Sr., Defendant and Appellant.

Supreme Court of South Dakota.

Decided October 24, 2001.

Attorney(s) appearing for the Case

Travis Jones, Assistant Pierre City Attorney, Pierre, for plaintiff and appellee.

Lelia L. Hood, Pierre, for defendant and appellant.

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...

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