Title 6 ANIMALS
Chapter 6.04 ANIMAL CARE AND CONTROL REGULATIONS
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 Section 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. A
dog house standing alone in an open area does not constitute sufficient shade as
temperatures within the dog house are likely to exceed safe levels. 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. 07-O-23 § 2, 2007; Ord.
04-O-09 § 1, 2004; Ord. 03-O-01 § 1, 2003)
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