A. The animal control director and the animal control officers shall have the authority to enforce all applicable laws concerning animal control as set forth by this article or other laws and such additional duties, procedures, and responsibilities as the county administrator or county council shall establish. At its discretion, the county may contract any portion or all of the enforcement and administration of this article, as it deems appropriate. However, nothing herein shall abridge or limit the right and duty of local law enforcement authorities to enforce the provisions of this or any other law concerning animal control to the degree, which their training and expertise may allow them to do.

B. No person shall interfere with, hinder, or molest the duly authorized animal control officer or any such agent of the county in the performance of his or her duty, or seek to release animals in the custody of the duly authorized animal control officer or any agent of the county, except as provided in this chapter. As public employees, animal control officers are protected pursuant to Section 16-3-1040 of the South Carolina Code of Laws, 1976, as amended.

C. Any person reporting a violation of this chapter shall identify him/herself to the responding officer, but his or her identity shall remain confidential to the agency receiving the report unless the person making such report authorizes the release of his or her name or subsequent release of the name is formally required by rules of evidentiary hearings or a judge in a court having jurisdiction in the matter.

D. The animal control officers shall respond to complaints regarding pets or animals. The same complaint from three or more persons within any twelve (12) month period shall be prima facie evidence that a violation has occurred under this chapter.

E. When a pet or animal is found in a condition which evidences a first-time violation of subsections 6.04.020(A), (G) or (H), or any paragraph contained in Sections 6.04.030 or 6.040.040 of this chapter, the animal control officer shall issue a “Notice of Violation” to its owner, if known. The owner shall then have twenty-four (24) hours to correct the violation.

If this violation occurs a second or subsequent time within any six-month period, or if the owner does not correct or remedy the first-time violation within twenty-four (24) hours to the satisfaction of the animal control officer, or if the person violates any other section of this chapter within the six-month time period, the animal control officer shall issue a “summons” to such person and the matter shall be heard before a magistrate. However, nothing in this chapter shall limit an animal control officer from taking immediate action as described in subsection (F) of this section when it is deemed to be in the best interest of the pet or animal.

F. Enforcement.

1. When permission to enter and examine an animal is not given by the owner, the animal control officer may make, to any magistrate authorized to issue warrants in criminal cases, complaint on oath that he/she believes or has probable cause to believe that there has been a violation of this chapter in relation to animals in any particular building, premise, or place. If the magistrate is satisfied that there is reasonable cause for such belief, he/she shall issue a search warrant authorizing any law enforcement officer accompanied by an animal control officer to search the building, premise, or place, but no search shall be made after sundown unless specifically authorized by the magistrate or other court having jurisdiction.

2. The animal control officer may then examine such animal or animals and take possession of same when in his opinion they are receiving inhumane treatment. The animal may be taken to the animal care and control facility and held for disposition in accordance with this chapter.

3. No wild animal shall be subject to euthanasia unless, through consultation and cooperation with state wildlife officials, it is determined to be the only humane alternative for such animal. The animal control officer and animal care and control facility, in cooperation with state wildlife officials, shall exercise due diligence to return a wild animal to its natural environment or, if the animal is not suitable for return, then alternative and humane placement shall be diligently sought.

4. The animal control officer may further pursue any violations of this section, which the officer may ascertain as a result of said search or seizure.

5. Following seizure of an animal, the animal control officer shall thereafter petition the appropriate magistrate for a hearing, which shall be a civil proceeding. The hearing shall be set not more than ten days from the date of the seizure to determine whether the owner, if known, is able to provide adequately for the animal and is a fit person to own the animal. The animal control officer shall cause to be served upon the owner, if known and residing within the jurisdiction wherein the animal was found, written notice at least five days prior to the hearing of the time and place of the hearing.

6. If the owner is not known or cannot be found, the animal control officer shall post a copy of the notice at the property where the animal was seized. The magistrate shall make the final determination as to whether the animal is returned to the owner or whether title is transferred to the Colleton County animal care and control department whereby the animal may be put up for adoption or destroyed. The pet or animal shall remain in the custody and care of the animal care and control department until such matter is heard before the magistrate.

7. If the magistrate orders the return of the animal to its owner, the animal control officer shall release the animal upon receipt from the owner of all redemption fees as described in subsection 6.04.100(A)(3). If the owner does not pay the redemption fees within five days of the magistrate’s order, the animal shall become the property of animal care and control and may be placed for adoption or euthanized. However, nothing in this chapter shall be construed to prohibit the euthanasia for humane purposes of a critically injured or ill animal.

G. The animal control officer shall respond in accordance with established policies and resources to the complaint of any property owner that a feral animal is trespassing upon his or her property, or to the complaint of any person that a feral animal presents a threat to the public’s health and/or safety. The animal control officer shall attempt to capture such animal. If the animal control officer is unable to capture the feral animal or if the animal poses an immediate threat to the safety of a person or other animal, the animal control director or his/her designee may dispose of the feral animal.

H. If an animal is impounded as the result of an action taken by local, state, or federal law enforcement against the animal’s owner, animal care and control will hold that animal for thirty (30) days. If the owner or his designee does not make arrangements for the care and custody of the animal before the expiration of that thirty-day period, the animal shall become the property of animal care and control and may be placed for adoption or euthanized at the discretion of the animal care and control director. However, any animal impounded in this manner with a severe, contagious, or life-threatening medical condition may be isolated, treated by a veterinarian, or immediately euthanized at the discretion of the animal care and control director. Such medical condition shall be clearly and fully documented in the records of animal care and control.

I. Nothing in this chapter shall be construed to limit any person from bringing a private cause of action against the owner of a pet or animal for violation under this chapter.

J. Notwithstanding any other provision of this section to the contrary, the court may order a person charged with any violation of the ordinance codified in this chapter to provide necessary food, water, shelter and care for any animal(s) that are the basis of the charge without the removal of the animal(s) from their existing location and until the charges against the person are adjudicated. Until a final determination of the charges is made, any animal control officer, law enforcement officer, or an approved humane investigator may be authorized by the court to make regular visits to the place where the animal(s) are being kept to ascertain if the animal(s) are receiving necessary food, water, shelter and care. Nothing in this section prevents any animal control officer, law enforcement officer or approved humane investigator from applying for a warrant under this section to seize any animal(s) being held by the person charged pending adjudication of the charges if it is determined that the animal(s) are not receiving the necessary food, water, shelter or care.

K. Nothing in this section shall be construed to prevent the voluntary, permanent relinquishment of any animal by its owner to animal care and control or to an approved animal humane organization in lieu of proceeding to a forfeiture hearing. Voluntary relinquishment shall have no effect on the criminal charges that may be pursued by the appropriate authorities. (Ord. 04-O-09 § 7, 2004; Ord. 03-O-01 § 5, 2003)