6.04.010 Definitions.

“Abandonment” means deserting, forsaking, or intending to give up absolutely an animal without securing another owner for it or without providing adequate food, water, shelter, and care.
“Animal” means any live, vertebrate creature, domestic or wild.
“Animal control officer” means any person or persons designated by the county administrator and all person or persons commissioned by county council to perform animal control functions under the laws of the state of South Carolina.
“Animal care and control facility” means a facility operated by or under contract to the county for the purpose of impounding, harboring, care, adoption, or euthanasia of seized, stray, homeless, abandoned, or unwanted dogs, cats, and other animals.
“Companion animal” means an animal that is commonly considered to be, or is considered by the owner to be, a pet. “Companion animal” includes, but is not limited to, domestic dogs; cats; rabbits; small mammals and exotic pets, including reptiles, amphibians, birds and fish; horses; donkeys; mules; domestic poultry; pigs and ovine animals kept as domestic pets; and wild mammals, amphibians, reptiles, fish and birds taken into care as a result of injury or abandonment.
“Companion animal hoarder” means a person who:
1. Possesses more than twenty-four (24) companion animals;
2. Fails to or is unable to provide what he or she is required to provide under subsection 6.04.020(A) of this chapter;
3. Keeps the companion animals in an environment that does not meet the standards for proper shelter space and sanitation as defined in this section; and
4. Displays an inability to recognize or understand the nature of or has a reckless disregard for the conditions under which the companion animals are living and the deleterious impact they have on the companion animal’s and the owner’s health and well-being.
“Dangerous/vicious animal” (Section 47-3-710 South Carolina Code of Laws, 1976, as amended) means any animal of the canine or feline family:
1. Which the owner knows or reasonably should know has a propensity, tendency, or disposition to attack unprovoked, cause injury, or otherwise endanger the safety of human beings or domestic animals;
2. Which makes an unprovoked attack that causes bodily injury to a human being and the attack occurs in a place other than the place where the animal is confined as required by Section 47-3-720 of the South Carolina Code of Laws;
3. Which commits unprovoked acts in a place other than the place where the animal is confined as required in Section 47-3-720 of the South Carolina Code of Laws, and those acts cause a person to reasonably believe that the animal will attack and cause bodily injury to a human being; or
4. Which is owned or harbored primarily or in part for the purpose of fighting or which is trained for fighting.
Dangerous/vicious animal excludes the following:
1. An animal used exclusively for agricultural purposes;
2. An animal that attacks a person who is trespassing or who appears to be trespassing; A trespasser is a person who is not lawfully upon the premises of the owner;
3. Any such designation solely by virtue of an animal’s breed or species.
“Domestic animal” means any animal whose usual and customary habitat is within the control of human beings; animals which are not wild.
“Estray” means any livestock found wandering at large or abandoned in the public ways or on the lands of any person other than its owner.
“Feral animal” means any animal that is untamed or wild by nature or any animal that has reverted to a wild state.
“Livestock” (Section 47-4-20 of the SC Code of Laws, 1976, as amended) means all classes and breeds of animals, domesticated or feral, raised for use, sale or display.
“Owner” means any person, partnership or corporation that: (a) has a right of property in a pet; (b) keeps or harbors a pet or who has it in his or her care or acts as its custodian, or (c) permits a pet to remain on or about any premises occupied or owned by him or her. All owners are subject to any applicable requirements under other county ordinances, i.e. setbacks, buffer zones, etc.
“Performing animal exhibition” means any spectacle, display, act, or event other than a circus, which utilizes or involves performing animals.
“Pet” means any animal kept for pleasure or hunting rather than utility.
“Proper shelter” means:
1. Indoor Standards. Minimum indoor standards of shelter shall include:
a. Ambient temperatures compatible with the health of the animal.
b. Ventilation by natural or mechanical means adequate to provide for the health of the animals at all times.
2. Outdoor Standards. Minimum outdoor standards of shelter shall include:
a. Shelter from Sunlight. When sunlight is likely to cause heat exhaustion of an animal tied or caged outside, sufficient shade by natural or artificial means shall be provided to protect the animal from direct sunlight. As used in this subsection, “caged” does not include farm fencing used to confine farm animals.
b. Shelter from Inclement Weather. Natural or artificial shelter appropriate to the local climatic conditions for the species concerned shall be provided as necessary for the health of the animal. In the case of a dog tied or confined unattended outdoors under weather conditions, which adversely affect the health of the dog, a shelter of suitable size to accommodate the dog shall be provided.
3. Space Standards. Minimum space requirements for both indoor and outdoor enclosures shall include:
a. The housing facility shall be structurally sound and maintained in good repair to protect the animals from injury and to contain the animals.
b. Enclosures shall be constructed and maintained so as to provide sufficient space to allow each animal adequate freedom of movement. Inadequate space may be inferred by evidence of debility, stress or abnormal behavior patterns.
4. Sanitation Standards. Minimum standards of sanitation for both indoor and outdoor enclosures shall include periodic cleaning to remove excreta and other waste materials, dirt and trash so as to minimize health hazards.
“Public nuisance” means any animal or animals that are:
1. Running at large;
2. Making loud, frequent, or continual noise that disturbs the peace of neighbors;
3. Chasing vehicles or persons;
4. Behaving in any manner that causes damage to property or harm to the public’s health, safety or well-being.
“Restraint” means animals secured by a leash or a lead, or under the control of a responsible person and obedient to that person’s commands; on or within a vehicle being driven or parked on any street or highway; or within the real property limits of its owner.
“Running at large” means any animal shall be deemed to be “running at large” when the animal is off the property of the owner and not under the immediate and direct supervision of the owner or under the physical control of the owner or keeper by means of a leash or similar restraining device. In the case of hunting dogs actively involved in an ongoing hunt, the dogs shall not be deemed to be running at large so long as they are on the property legally and/or the owner or keeper is actively seeking to retrieve the dog.
“Veterinary hospital” means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and treatment of diseases and injuries of animals.
“Vicious animal.” See definition for dangerous animal.
“Wild animals” means all animals commonly accepted as being “wild” including, but not limited to, the following, no matter how domesticated they may be:
1. Alligators and crocodiles;
2. Bears;
3. Members of the cat family including, but not limited to bobcats, tigers, leopards, lions, and panthers, excepting commonly domesticated cats;
4. Coyotes, foxes, wolves, including the offspring of one of the foregoing with a domestic dog wherein the proportion of wild animal exceeds one-fourth;
5. Porcupine;
6. Non-human primates;
7. Raccoon;
8. Skunks;
9. Venomous snakes, constrictor snakes that grow larger than five feet in length;
10. Venomous lizards;
11. Weasels, except ferrets;
12. Members of the cervidae (deer) family.
The definition of “wild animal” shall not be construed to apply to “exotic” birds or animals which are not dangerous to humans and which may be lawfully purchased at pet stores or commercial locations, except for those animals specifically mentioned above.
Furthermore, this definition shall not apply to domesticated herds of deer, antelope, buffalo, or similar herd animals that may be lawfully possessed and which are maintained in safe and secure fenced areas for commercial, educational, or entertainment purposes so long as the owner or keeper complies with all other provisions concerning humane treatment of animals. (Ord. 04-O-09 § 1, 2004; Ord. 03-O-01 § 1, 2003)