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South Carolina

Code of Laws of South Carolina 1976 Annotated. Title 16. Crimes and Offenses. Title 23. Law Enforcement and Public Safety. Title 1. Administration of the Government. Title 47. Animals, Livestock and Poultry.

Statute Details
Printable Version
Citation: Code 1976 16-13-60; Code 1976 23-1-100; Code 1976 1-1-655; Code 1976 47-3-10 - 970; Code 1976 47-5-10 - 210; Code 1976 47-7-10 - 170; Code 1976 50-11-65, 50-11-770, 50-11-780, and 51-3-145

Citation: SC ST 16-13-60; SC ST 23-1-100; SC ST 1-1-655; SC ST 47-3-10 - 970; SC ST 47-5-10 - 210; SC ST 47-7-10 - 170; SC ST 50-11-65, 50-11-770, 50-11-780, and 51-3-145


Last Checked by Web Center Staff: 12/2013

Summary:   These statutes comprise South Carolina's state dog laws.  Among the provisions include laws concerning damage done by dogs (especially to livestock), rabies control provisions, and registration requirements.


Statute in Full:

Title 16. Crimes and Offenses.  Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats.  Article 1. Miscellaneous Offenses.

§ 16-13-60. Stealing dogs.

Title 23. Law Enforcement and Public Safety.  Chapter 1. General Provisions.

§ 23-1-100. Purchase of bloodhounds or other dogs by county.

Title 1. Administration of the Government.  Chapter 1. General Provisions.  Article 9. State Emblems, Pledge to State Flag, Official Observances.

§ 1-1-655. Official State dog.

Title 47. Animals, Livestock and Poultry.  Chapter 3. Dogs and Other Domestic Pets.  Article 1. Regulation by Counties and Municipalities.

Article 1. Regulation by Counties and Municipalities

§ 47-3-10. Definitions.

§ 47-3-20. Local animal care and control ordinances authorized.

§ 47-3-30. Establishment of animal shelters; funding.s47_3_40

§ 47-3-40. Impoundment or quarantine of cat or dog running at large; release to owner.

§ 47-3-50. Allowing dogs or cats to run at large; penalty.

§ 47-3-55. Animal shelter personnel to contact owner if known; implant of identifying microchip in adopted or redeemed dogs and cats.

§ 47-3-60. Disposition of quarantined or impounded animals.

§ 47-3-70. County and municipal powers not limited by article.

§ 47-3-75. Transfer of domestic animal to animal shelter ten days after date owner was to pick up animal; requirements.

Article 2. Liability to Person Bitten or Otherwise Attacked by Dog

§ 47-3-110. Liability of owner or person having dog in his care or keeping.

Article 3. Sheep-Killing Dogs

§ 47-3-210. Keeping of sheep-killing dog prohibited.

§ 47-3-220. Dog found in act of worrying or destroying sheep may be killed.

§ 47-3-230. Liability of owner of sheep-killing dog for payment to owner of sheep killed or injured.

Article 5. Feral Dogs

§ 47-3-310. Disposal or removal of feral dogs from certain property.

§ 47-3-320. Training of conservation officers to remove dogs; liability of officers.

Article 7. Animal Euthanasia and Tranquilization

§ 47-3-410. Animal shelter defined.

§ 47-3-420. Allowable methods of euthanasia.

§ 47-3-430. Provision governing shelters.

§ 47-3-440. Penalties; injunction.

§ 47-3-450. Exceptions.

Article 8. Sterilization of Dogs and Cats

§ 47-3-470. Descriptions.

§ 47-3-480. Provisions for sterilization; exceptions; payment of costs; subsequent notification of sterilization for animals not sterile when acquired.

§ 47-3-490. Failure to comply; remedies.

§ 47-3-500. Adoption of additional policies by other entities.

Article 9. Registration of Dogs

§ 47-3-510. Owner may register dog; fee.

§ 47-3-520. Availability of registration file.

§ 47-3-530. Penalties for stealing or killing identifiable dog.

§ 47-3-540. Destruction of identifiable dog by animal control officer; prior notification of owner.

§ 47-3-550. Promulgation of regulations.

Article 11. Teasing, Maltreating, and Injuring Police Dogs Prohibited

§ 47-3-610. Unlawful to taunt, torment, tease, beat, strike, or administer desensitizing drug to police dog or horse.

§ 47-3-620. Unlawful to torture, mutilate, injure, disable, poison, or kill police dog or horse.

§ 47-3-630. Penalties.

Article 13. Regulation of Dangerous Animals

§ 47-3-710. Definitions.

§ 47-3-720. Dangerous animal not to go unconfined on premises; "unconfined" defined; exceptions.

§ 47-3-730. Dangerous animal not permitted beyond premises unless safely restrained.

§ 47-3-740. Owning or harboring animal for fighting or attacking humans or domestic animals prohibited; selling, breeding, buying or attempting to buy, or intent to do same, prohibited; exceptions.

§ 47-3-750. Seizure and impoundment of dangerous animal.

§ 47-3-760. Penalties; registration of dangerous animals.

§ 47-3-770. When person is lawfully on premises; authority to use force to repel attack by dangerous animal when lawfully on premises; no liability for action taken to repel or restrain unprovoked attack of dangerous animal.

Article 15. Protection of Guide Dogs

§ 47-3-910. Short title.

§ 47-3-920. Definitions.

§ 47-3-930. Interference with use of a guide dog or service animal; misdemeanor.

§ 47-3-940. Injury, disability, or death; reckless disregard; penalties.

§ 47-3-950. Unauthorized control over guide dog or service animal; penalties.

§ 47-3-960. Intentional injury, disability, or death; penalties.

§ 47-3-970. Restitution.

Title 47. Animals, Livestock and Poultry.  Chapter 5. Rabies Control.

§ 47-5-10. Short title.

§ 47-5-20. Definitions.

§ 47-5-30. Public health veterinarian; duties.

§ 47-5-40. Interference with authorized representative carrying out duties.

§ 47-5-50. Prohibition on sale of wild carnivores as pets; sale of domesticated ferrets.

§ 47-5-60. Inoculation of pets; certificates and tags. 

§ 47-5-70. Repealed by 1992 Act No. 517, § 4, eff September 2, 1992.

§ 47-5-80. Notice to health department of animal affected or suspected of being affected by rabies.

§ 47-5-90. Reports of animal bites to health department.

§ 47-5-100. Quarantine, examination and destruction of biting or attacking dog, cat, or ferret.

§ 47-5-110. Pets bitten or otherwise exposed to animal suspected of having rabies

§ 47-5-120. Danger of rabies spread; quarantine and inoculation of pets; reduction of stray and feral animal population.

§§ 47-5-130, 47-5-140. Repealed by 1992 Act No. 517, § 4, eff September 2, 1992.

§ 47-5-150. Department to provide or insure availability of human vaccine; reimbursement.

§§ 47-5-160, 47-5-170. Repealed by 1992 Act No. 517, § 4, eff September 2, 1992.

§ 47-5-180. Enforcement.

§ 47-5-190. Liability for accident or subsequent disease from inoculation.

§ 47-5-200. Violation; penalty.

§ 47-5-210. Power of political subdivisions to prohibit pets running at large and impose additional control measures.

Title 47. Animals, Livestock and Poultry.  Chapter 7. Estrays; Livestock Trespassing or Running at Large.  Article 1. Estrays.

§ 47-7-10. "Estray" defined.

§ 47-7-20. Public sale of estrays.

§ 47-7-30. Application of proceeds of sale.

§ 47-7-40. Penalties for violations or for appropriating estrays.

§ 47-7-110. Permitting domestic animals to run at large unlawful.

§ 47-7-120. Stock coming into State shall not be permitted to run at large.

§ 47-7-130. Liability of owners of trespassing stock.

§ 47-7-140. Right to seize trespassing stock.

§ 47-7-150. Liability of owner for maintenance; bond; recovery of possession.

§ 47-7-160. Rescuing animal from custody of person impounding it unlawful.

§ 47-7-170. Satisfaction as defense in criminal prosecutions. 

Title 50. Fish, Game and Watercraft. Chapter 11. Protection of Game.

Article 1. General Provisions

§ 50-11-65. Training of bird dogs.

Article 4. Night Hunting, Harassment of Wildlife, Trespass Offenses.

§ 50-11-770. Unpermitted hunting with use of a dog on property without hunting rights; dog not to be harmed; penalties; suspension of hunting privileges; exceptions

§ 50-11-780. Dogs engaged in hunting not required to be constrained by leash.

Title 51. Parks, Recreation and Tourism. Chapter 3. State Parks.

§ 51-3-145. Certain acts unlawful at state parks.

 

 

 

Title 16. Crimes and Offenses.  Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats.  Article 1. Miscellaneous Offenses.

§ 16-13-60. Stealing dogs.

(1) It shall be unlawful for any person to steal a dog in which any other person has a right of property.

(2) Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed five hundred dollars or imprisoned for a term not to exceed six months, or both, in the discretion of the court.

HISTORY: 1962 Code § 16-355.1; 1972 (57) 2354.

 

Title 23. Law Enforcement and Public Safety.  Chapter 1. General Provisions.

§ 23-1-100. Purchase of bloodhounds or other dogs by county.

The governing bodies of the several counties in this State, when in their judgment it is necessary, shall require the sheriff to purchase a pair of bloodhounds or other serviceable dogs to be kept at the courthouse and used as he may deem expedient for the tracking and arrest of escaped convicts and other fugitive lawbreakers. The governing body of each county may appropriate the sum of one hundred dollars, if so much be necessary, for the purchase of such dogs.

HISTORY: 1962 Code § 53-9; 1952 Code § 53-9; 1942 Code § 1958; 1932 Code § 1958; Cr. C. '22 § 940; Cr. C. '12 § 945; Cr. C. '02 § 659; 1897 (22) 427.

 

Title 1. Administration of the Government.  Chapter 1. General Provisions.  Article 9. State Emblems, Pledge to State Flag, Official Observances.

§ 1-1-655. Official State dog.

The Boykin Spaniel is the official dog of the State.

HISTORY: 1985 Act No. 31, § 1.

 

Title 47. Animals, Livestock and Poultry.  Chapter 3. Dogs and Other Domestic Pets.  Article 1. Regulation by Counties and Municipalities.

§ 47-3-10. Definitions.

For the purpose of this article:

(1) "Animal" is defined as provided for in Chapter 1;

(2) "Animal shelter" includes any premises designated by the county or municipal governing body for the purpose of impounding, care, adoption, or euthanasia of dogs and cats held under authority of this article;

(3) "Dog" includes all members of the canine family, including foxes and other canines;

(4) A dog is deemed to be "running at large" if off the premises of the owner or keeper and not under the physical control of the owner or keeper by means of a leash or other similar restraining device;

(5) A dog is deemed to be "under restraint" if on the premises of its owner or keeper or if accompanied by its owner or keeper and under the physical control of the owner or keeper by means of a leash or other similar restraining device;

(6) "Cat" includes all members of the feline family;

(7) "Vicious dog" means any dog evidencing an abnormal inclination to attack persons or animals without provocation.

HISTORY: 1962 Code § 6-145.1; 1972 (57) 2733; Amended by 2000 Act No. 293, § 1, eff May 19, 2000.

EFFECT OF AMENDMENT

The 2000 amendment added the numerical paragraph designations, added paragraphs (1) and (6), in paragraph (2) added "or municipal" and ", adoption" and substituted "euthanasia" for "destruction", in paragraph 3, deleted "four months or more of age" and made nonsubstantive, technical changes throughout.

 

§ 47-3-20. Local animal care and control ordinances authorized.

The governing body of each county or municipality in this State may enact ordinances and promulgate regulations for the care and control of dogs, cats, and other animals and to prescribe penalties for violations.

HISTORY: 1962 Code § 6-145; 1972 (57) 2733; 1975 (59) 235; Amended by 2000 Act No. 293, § 1, eff May 19, 2000.

EFFECT OF AMENDMENT

The 2000 amendment added "or municipality", "care and" and ", cats," and substituted "animals " for "domestic pets".

 

§ 47-3-30. Establishment of animal shelters; funding.

The governing body of the county or municipality is authorized to establish an animal shelter for the county or municipality for the purpose of impounding and quarantining dogs and quarantining cats and shall employ such personnel, including enforcement personnel, as may be necessary to administer the provisions of this article. If an animal shelter is established, funds to establish and operate the shelter and employ necessary personnel may be provided in the annual county or municipal appropriations.

HISTORY: 1962 Code § 6-145.2; 1972 (57) 2733; Amended by 2000 Act No. 293, § 1, eff May 19, 2000.

EFFECT OF AMENDMENT

The 2000 amendment, in the first sentence, added "or municipality" in two places, "impounding and" and "'and quarantining cats" and, in the second sentence, added "or municipal".

 

§ 47-3-40. Impoundment or quarantine of cat or dog running at large; release to owner.

The county or municipal animal shelter personnel or governmental animal control officers shall pick up and impound or quarantine any dog running at large or quarantining any cat. To obtain release of his dog or cat, an owner or keeper must satisfy the animal shelter personnel that the dog or cat is currently inoculated against rabies and also pay an impound or quarantine fee determined by the governing body of the county or municipality. Payment of this fee bars prosecution under Section 47-3-50. All fees collected must be delivered to the county or municipal treasurer for deposit in the general fund of the county or municipality.

HISTORY: 1962 Code § 6-145.3; 1972 (57) 2733; Amended by 2000 Act No. 293, § 1, eff May 19, 2000.

EFFECT OF AMENDMENT

The 2000 amendment rewrote this section.

 

§ 47-3-50. Allowing dogs or cats to run at large; penalty.

(A) It is unlawful in any county or municipality adopting penalty provisions pursuant to the provisions of this article for any dog or cat owner or other keeper of a dog or cat to:

(1) allow his dog to run at large off of property owned, rented, or controlled by him;

(2) keep a vicious or unruly dog unless under restraint by a fence, chain, or other means so that the dog cannot reach persons not on land owned, leased, or controlled by him;

(3) release or take out of impoundment or quarantine without proper authority any dog or cat or resist county or municipal shelter personnel engaging in the capture and impoundment or quarantine of a dog or quarantining of a cat.

(B) Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined fifty dollars for a first offense and not more than one hundred dollars for each subsequent offense.

HISTORY: 1962 Code § 6-145.4; 1972 (57) 2733; Amended by 2000 Act No. 293, § 1, eff May 19, 2000.

EFFECT OF AMENDMENT

The 2000 amendment designated subsections (A) and (B) and redesignated paragraphs (a) to (c) as paragraphs (1) to (3), in subsection (A), added references throughout to "municipality", "cats", and "impoundment", in subsection (B), rewrote the penalty provisions, and made nonsubstantive technical changes throughout.

 

§ 47-3-55. Animal shelter personnel to contact owner if known; implant of identifying microchip in adopted or redeemed dogs and cats.

(A) If an animal shelter accepts or comes into possession of a dog or cat, the shelter immediately and thoroughly must scan the dog or cat for a tatoo, any implanted microchip, or similar device, which provides evidence of ownership and, upon finding it, immediately must make a good faith effort to contact the identified owner as required by Section 47-3-540.

(B) If an animal shelter or its officers, directors, or staff have made a good faith effort to comply with the provisions of subsection (A), they must be held harmless, as well as the manufacturer, against any action at law or otherwise, civil or criminal, for failure to detect a microchip or similar device and undertake the action specified in subsection (A).

(C) If a dog or cat is adopted or redeemed from an animal shelter, a licensed veterinarian or an animal shelter employee under the direction of a licensed veterinarian may implant a microchip in the dog or cat adopted or redeemed. The animal shelter shall record the date the microchip was implanted, the name, address, and telephone number of the person adopting or redeeming the dog or cat, an identification number unique to the dog or cat adopted or redeemed, the name, address, and telephone number of the animal shelter that sheltered the dog or cat before adoption or redemption, and the date the dog or cat was adopted or redeemed. The animal shelter must keep a record of all microchips implanted pursuant to this subsection.

(D) The animal shelter is not required to adhere to subsection (A), if the necessary scanner is not provided free of charge or at a reasonable cost as determined by the county or municipality.

(E) The owner redeeming his dog or cat must elect to have a microchip implanted.

HISTORY: Added by 2000 Act No. 293, § 1, eff May 19, 2000.

 

§ 47-3-60. Disposition of quarantined or impounded animals.

(A) After any animal has been quarantined pursuant to South Carolina Rabies Control Act and is unclaimed by its owner, after the animal shelter employees have made a good faith effort to contact the identified owner as required by Section 47-3-540, the animal shelter employees, unless the animal must be kept pending disposition of a criminal or civil trial involving the animal or unless a hearing on the disposition of the animal is held prior to the trial, may dispose of the animal by adoption or by euthanasia or the animal may be turned over to any organization established for the purpose of caring for animals, such as the Humane Society.

(B) After any animal has been impounded for five days and is unclaimed by its owner, and after the animal shelter employees have made a good faith effort to contact the identified owner as required by Section 47-3-540, the animal shelter employees, unless the animal must be kept pending disposition of a criminal or civil trial involving the animal or unless a hearing on the disposition of the animal is held prior to the trial, may dispose of the animal by adoption or by euthanasia or the animal may be turned over to any organization established for the purpose of caring for animals, such as the Humane Society.

(C) Complete records must be kept by shelter officials as to the disposition of all animals impounded.

HISTORY: 1962 Code § 6-145.5; 1972 (57) 2733; Amended by 2000 Act No. 293, § 1, eff May 19, 2000.

EFFECT OF AMENDMENT

The 2000 amendment rewrote this section.

 

§ 47-3-70. County and municipal powers not limited by article.

Nothing in this article may be construed to limit the power of any municipality or county to prohibit animals from running at large, whether or not they have been inoculated as provided in this article; and nothing in this article may be construed as to limit the power of any municipality or county to regulate and control further in the county or municipality to enforce other and additional measures for the restriction and control of rabies.

HISTORY: 1962 Code § 6-145.6; 1972 (57) 2733; Amended by 2000 Act No. 293, § 1, eff May 19, 2000.

EFFECT OF AMENDMENT

The 2000 amendment substituted "animals" for "dogs", added the references to counties, and made other nonsubstantive changes.

 

§ 47-3-75. Transfer of domestic animal to animal shelter ten days after date owner was to pick up animal; requirements.

(A) An animal delivered to a veterinarian, a dog kennel, a cat kennel, an animal hospital, another animal care facility, or to a person who boards domestic animals on the person's premises for a fee may be transferred to an appropriate animal shelter ten days after the date the owner failed to pick up the animal as agreed to pursuant to a written contract or agreement. The animal may be transferred only if the written contract or agreement provides for the transfer and if an attempt is made to notify the owner by regular mail and by certified mail at the owner's last known address on the date the owner failed to pick up the animal as agreed.

(B) A person who boards animals of others pursuant to subsection (A) shall post written notice of the provisions of this section at the person's place of business.

(C) A person who fails to pick up an animal as provided for in subsection (A), who fails to pay his boarding fees in a timely manner, or who abandons an animal at an animal hospital, a dog kennel, a cat kennel, another animal care facility, or boarding facility is guilty of a misdemeanor and, upon conviction, may be imprisoned not more than thirty days or fined not more than two hundred dollars.

HISTORY: 1992 Act No. 354, § 1, eff May 4, 1992; 1996 Act No. 436, § 1, eff upon approval (became law without the Governor's signature on June 6, 1996); 2000 Act No. 293, § 1, eff May 19, 2000.

EFFECT OF AMENDMENT

The 1996 amendment replaced "his" with "the person's" both in the first sentence of subsection (A) and in subsection (B); in subsection (A) inserted "to" preceding "a person who boards" in the first sentence, and substituted "and by certified mail at the owner's" for "at his" in the second sentence; in subsection (B) substituted "pursuant to subsection (A)" for "as described in this section"; and added subsection (C).

The 2000 amendment reprinted this section with no apparent change.

 

§ 47-3-110. Liability of owner or person having dog in his care or keeping.

(A) If a person is bitten or otherwise attacked by a dog while the person is in a public place or is lawfully in a private place, including the property of the dog owner or person having the dog in the person's care or keeping, the dog owner or person having the dog in the person's care or keeping is liable for the damages suffered by the person bitten or otherwise attacked. For the purposes of this section, a person bitten or otherwise attacked is lawfully in a private place, including the property of the dog owner or person having the dog in the person's care or keeping, when the person bitten or otherwise attacked is on the property in the performance of a duty imposed upon the person by the laws of this State, the ordinances of a political subdivision of this State, the laws of the United States of America including, but not limited to, postal regulations, or when the person bitten or otherwise attacked is on the property upon the invitation, express or implied, of the property owner or a lawful tenant or resident of the property.

(B) This section does not apply if, at the time the person is bitten or otherwise attacked:

(1) the person who was attacked provoked or harassed the dog and that provocation was the proximate cause of the attack; or

(2) the dog was working in a law enforcement capacity with a governmental agency and in the performance of the dog's official duties provided that:

(a) the dog's attack is in direct and complete compliance with the lawful command of a duly certified canine officer;

(b) the dog is trained and certified according to the standards adopted by the South Carolina Law Enforcement Training Council;

(c) the governmental agency has adopted a written policy on the necessary and appropriate use of dogs in the dog's official law enforcement duties;

(d) the actions of the dog's handler or dog do not violate the agency's written policy;

(e) the actions of the dog's handler or dog do not constitute excessive force; and

(f) the attack or bite does not occur on a third party bystander.

Credits

HISTORY: 1986 Act No. 343; 2013 Act No. 62, § 1, eff June 12, 2013.

 

§ 47-3-210. Keeping of sheep-killing dog prohibited.

No persons shall buy, sell, receive, give away or otherwise own, control, have or keep in possession any dog commonly called "sheep-killing" and known to be such. The violation, knowingly, in any one or all respects of the foregoing prohibition shall be a misdemeanor punishable, upon conviction, by a fine not exceeding one hundred dollars or imprisonment for not exceeding thirty days.

HISTORY: 1962 Code § 6-101; 1952 Code § 6-101; 1942 Code § 1178; 1932 Code § 1178; Cr. C. '22 § 68; Cr. C. '12 § 212; 1909 (26) 121.

 

§ 47-3-220. Dog found in act of worrying or destroying sheep may be killed.

Any person who may find any dog in the act of worrying or destroying any sheep in this State may kill such dog and such person shall not for so doing be held to answer to any action, civil or criminal.

HISTORY: 1962 Code § 6-102; 1952 Code § 6-102; 1942 Code § 3422; 1932 Code § 3422; Civ. C. '22 § 1038; Civ. C. '12 § 3437; Civ. C. '02 § 2351; G. S. 1701; R. S. 1835; 1878 (16) 563.

 

§ 47-3-230. Liability of owner of sheep-killing dog for payment to owner of sheep killed or injured.

The owner of or person having in his care or keeping any dog shall be liable to pay to the person damaged double the value of any sheep that may be killed or injured by such dog, to be recovered by action at the suit of the person damaged in any court having competent jurisdiction. In all such actions the recovery of ten dollars or more shall carry costs.

HISTORY: 1962 Code § 6-104; 1952 Code § 6-104; 1942 Code § 3423; 1932 Code § 3423; Civ. C. '22 § 1039; Civ. C. '12 § 3438; Civ. C. '02 § 2352; G. S. 1702; R. S. 1836; 1859 (12) 826.

 

§ 47-3-310. Disposal or removal of feral dogs from certain property.

On game management areas, state-owned property and property of private landowners and leaseholders, at the request of such landowners and leaseholders, specially trained enforcement officers of the Natural Resources Enforcement Division of the Department of Natural Resources may enter on such areas and property for the purpose of investigating dogs running at large on the property. If the dogs are determined to be feral dogs (a dog which has reverted to a wild state) and are a threat to the lives or health of livestock, wildlife or humans, the enforcement officers may remove the feral dog from the property or dispose of it in the most humane manner as determined by the department.

HISTORY: 1979 Act No. 147 § 1; 1993 Act No. 181, § 1166, eff July 1, 1994.

EFFECT OF AMENDMENT

The 1993 amendment changed "conservation officers of the Wildlife and Marine Resources Department" to "enforcement officers of the Natural Resources Enforcement Division of the Department of Natural Resources" and "conservation" to "enforcement".

 

§ 47-3-320. Training of conservation officers to remove dogs; liability of officers.

Two enforcement officers of the Natural Resources Enforcement Division of the Department of Natural Resources from each of the state's twenty-eight law enforcement units shall be trained by the Department in the identification, capture and humane disposal of feral dogs and these officers shall have the responsibility of answering all complaints concerning feral dogs within the geographical boundaries of their respective law enforcement units. Such enforcement officers shall be held harmless of any personal liability that may occur during the lawful execution of their duties under this act except in case of gross negligence.

HISTORY: 1979 Act No. 147 § 2; 1993 Act No. 181, § 1167, eff July 1, 1994.

EFFECT OF AMENDMENT

The 1993 amendment changed "conservation officers" to "enforcement officers of the Natural Resources Enforcement Division of the Department of Natural Resources" and "conservation" to "enforcement".

 

§ 47-3-410. Animal shelter defined.

The term "animal shelter" means any place or premises kept for the care, keeping, impounding, housing or boarding of any animal, whether the premises are owned or operated by a municipality, county, private association, institution, humane organization, or any other business or corporation.

HISTORY: 1980 Act No. 357, § 1; Amended by 2000 Act No. 293, § 2, eff May 19, 2000.

EFFECT OF AMENDMENT

The 2000 amendment added "housing" and "or any other business or corporation", substituted "any animal" for "stray, neglected, or abandoned animals" and made nonsubstantive changes.

 

§ 47-3-420. Allowable methods of euthanasia.

(A) Only the following methods of euthanasia may be used to kill animals impounded or quarantined in animal shelters, and the procedure applicable to the method selected must be strictly followed:

(1) Barbituric acid derivatives:

(a) intravenous or intracardial injection of a lethal solution;

(b) intraperitoneal injection of lethal solution when location of an injection into the vein is difficult or impossible;

(c) oral ingestion of powdered barbituric acid derivatives in capsules mixed with food or by manual administration of a solution;

(d) intravenous injection of these solutions must be specifically injected according to the directions of the manufacturers for intravenous injections;

(e) intracardial injection of these solutions must only be administered if the animal has been tranquilized with an approved, humane substance and the animal, at the time of the intracardial injection, is anesthetized or comatose;

(f) the solutions may not be administered via intraperitoneal, intrathoracic, intrapulmonary, subcutaneous, intramuscular, intrarenal, intrasplenic, or intrathecal routes or in any other nonvascular injection route except as provided above;

(g) administration of injections must be done only by a licensed veterinarian or by a euthanasia technician or Department of Natural Resources employee, trained and certified for this purpose in a euthanasia training class taught by a licensed South Carolina veterinarian, which must include training in tranquilizing animals. A person certified pursuant to this subitem must continue to maintain his proficiency by successfully completing a training course taught by a licensed South Carolina veterinarian every five years;

(h) all injections must be administered using an undamaged hypodermic needle of a size suitable for the size and species of animal;

(i) an animal shelter, governmental animal control agency, or the Department of Natural Resources (department) may obtain a barbituric acid derivative or tranquilizing agent by direct licensing. The animal shelter, governmental animal control agency, or department must apply for a Controlled Substance Registration Certificate from the federal Drug Enforcement Administration (DEA) and a State Controlled Substances Registration from the Department of Health and Environmental Control (DHEC). If an animal shelter, governmental animal control agency, or the department is issued a certificate by the DEA and a registration by DHEC pursuant to this subitem, the animal shelter, governmental animal control agency director or his designee, and the department's applicant are responsible, for maintaining their respective records regarding the inventory, storage, and administration of controlled substances. An animal shelter, governmental animal control agency and its certified euthanasia technician, and the department and its certified employees are subject to inspection and audit by DHEC and the DEA regarding the recordkeeping, inventory, storage, and administration of controlled substances used under authority of this article.

(2) Carbon monoxide gas:

(a) dogs and cats, except animals under sixteen weeks of age, may be killed by bottled carbon monoxide gas administered in a tightly enclosed chamber. The chamber must be equipped with:

(i) internal lighting and a window providing direct visual surveillance of the collapse and death of any animal within the chamber;

(ii) the gas concentration process must be adequate to achieve a carbon monoxide gas concentration throughout the chamber of at least six percent within five minutes after any animal is placed in the chamber. The chamber must have a functioning gas concentration gauge attached to the chamber and a strong airtight seal must be maintained around the door;

(iii) the unit shall include an exhaust fan connected by a gas-tight duct to the outdoors capable of completely evacuating the gas from the chamber before it is opened after each use, except that this provision does not apply to chambers located out-of-doors;

(iv) animals must be left in the chamber for a period of no less than fifteen minutes from the time the gas concentration throughout the chamber reaches six percent.

(b) no person may euthanize an animal by gas emitted from any engine exhaust system.

(c) in all instances where a carbon monoxide chamber is used:

(i) no incompatible or hostile animals, or animals of different species, may be placed in any chamber simultaneously;

(ii) every chamber must be thoroughly cleaned after the completion of each full cycle. No live animals may be placed in the chamber with dead animals;

(iii) all animals must be examined by a veterinarian or certified euthanasia technician to ensure they are dead upon removal from the chamber;

(iv) all chambers must be inspected quarterly by an independent, qualified technician who is thoroughly knowledgeable with the operation and maintenance of the particular euthanasia chamber being used;

(v) an operational guide and maintenance instructions must be displayed in the room with the euthanasia chamber.

(3) Shooting:

Shooting may be used as a means of euthanasia only in an emergency situation to prevent extreme suffering or in which the safety of people or other animal life is threatened or where it is considered necessary by the South Carolina Department of Natural Resources to eliminate or control the population of feral animals.

(B) In any of the previously listed methods, an animal may not be left unattended between the time euthanasia procedures have commenced and the time death occurs, and the animal's body may not be disposed of until death is confirmed by a certified euthanasia technician.

HISTORY: 1980 Act No. 357, § 2; 1993 Act No. 181, § 1168, eff July 1, 1994; 2000 Act No. 293, § 2, eff May 19, 2000.

EFFECT OF AMENDMENT

The 1993 amendment substituted "Department of Natural Resources" for "Wildlife and Marine Resources Department".
The 2000 amendment rewrote this section.

 

§ 47-3-430. Provision governing shelters.

All animal shelters are subject to the provisions of Chapter 1 of Title 47.

HISTORY: 1980 Act No. 357, § 3; Amended by 2000 Act No. 293, § 2, eff May 19, 2000.

EFFECT OF AMENDMENT

The 2000 amendment rewrote this section.

 

§ 47-3-440. Penalties; injunction.

No person may kill any animal impounded or quarantined in an animal shelter by any means except as provided by this article. Any person who violates the provisions of this article is guilty of a misdemeanor and, upon conviction, is subject to the penalty provisions in Chapter 1, Title 47 for each animal killed. The Attorney General of South Carolina may bring an action to enjoin a violation of this article.

HISTORY: 1980 Act No. 357, § 4; Amended by 2000 Act No. 293, § 2, eff May 19, 2000.

EFFECT OF AMENDMENT

The 2000 amendment rewrote this section.

 

§ 47-3-450. Exceptions.

The provisions of this article do not apply to persons engaged in scientific endeavors by institutions of higher education.

HISTORY: 1980 Act No. 357, § 5; Amended by 2000 Act No. 293, § 2, eff May 19, 2000.

EFFECT OF AMENDMENT

The 2000 amendment substituted "shall" for "do".

 

§ 47-3-470. Descriptions.

As used in this article:

(1) "Animal Shelter" means:

(a) a facility operated by or under contract for the State or a county, a municipal corporation, or other political subdivision of the State for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted dogs, cats, and other animals;

(b) a veterinary hospital or clinic operated by a veterinarian or veterinarians which operates for the purpose set forth in subitem (a) in addition to its customary purposes;

(c) a facility operated, owned, or maintained by an incorporated humane society, animal welfare society, or other nonprofit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals.

(2) "Humane society" means an unincorporated nonprofit organization existing for the purpose of prevention of cruelty to animals.

(3) "Public or private animal refuge" means harborers of unwanted animals of any breed, including crossbreeds, who provide food, shelter, and confinement for a group of dogs, a group of cats, or a combination of dogs and cats.

(4) "Sexually mature animal" means a dog or cat that has reached the age of one hundred eighty days or six months or more.

(5) "Sterilization" means the surgical removal of the reproductive organs of a dog or cat in order to render the animal unable to reproduce.

HISTORY: Added by 1998 Act No. 271, § 1, eff upon approval (became law without the Governor's signature on April 8, 1998).

 

§ 47-3-480. Provisions for sterilization; exceptions; payment of costs; subsequent notification of sterilization for animals not sterile when acquired.

(A) A public or private animal shelter, animal control agency operated by a political subdivision of this State, humane society, or public or private animal refuge shall make provisions for the sterilization of all dogs or cats acquired from the shelter, agency, society, or refuge by:

(1) providing sterilization by a licensed veterinarian before relinquishing custody of the animal; or

(2) entering into a written agreement with the person acquiring the animal guaranteeing that sterilization will be performed by a licensed veterinarian within thirty days after acquisition of a sexually mature animal or no later than six months of age except upon a written statement issued by a licensed veterinarian stating that such surgery would threaten the life of the animal.

(B) This section does not apply to a privately owned animal which the shelter, agency, society, or refuge may have in its possession for any reason if the owner of the animal claims or presents evidence that the animal is his property.

(C) All costs of sterilization pursuant to this section are the responsibility of the person acquiring the animal and, if performed before acquisition, may be included in the fees charged by the shelter, agency, society, or refuge for the animal.

(D) A person acquiring an animal from a shelter, an agency, a society, or a refuge which is not sterile at the time of acquisition shall submit to the shelter, agency, society, or refuge a signed statement from the licensed veterinarian performing the sterilization required by subsection (A) within seven days after sterilization attesting that the sterilization has been performed.

HISTORY: Added by 1998 Act No. 271, § 1, eff upon approval (became law without the Governor's signature on April 8, 1998).

 

§ 47-3-490. Failure to comply; remedies.

A person who fails to comply with Section 47-3-480(A)(2) or 47-3-480(D) must forfeit ownership of the dog(s) or cat(s) acquired from the shelter, agency, society, or refuge which adopted the animal to the owner. In addition to forfeiting ownership, the person who acquired the animal must pay to the shelter, agency, society, or refuge the sum of $200.00 as liquidated damages. Such remedies shall be in addition to any other legal or equitable remedies as may be available to the shelter, agency, society, or refuge for breach of the written agreement as provided for in Section 47-3-480(A)(2) or failure to comply with Section 47-3-480(D).

HISTORY: Added by 1998 Act No. 271, § 1, eff upon approval (became law without the Governor's signature on April 8, 1998).

 

§ 47-3-500. Adoption of additional policies by other entities.

This article does not prohibit the adoption by a political subdivision of this State of shelter policies which are more stringent than the requirements of this article.

HISTORY: Added by 1998 Act No. 271, § 1, eff upon approval (became law without the Governor's signature on April 8, 1998).

 

§ 47-3-510. Owner may register dog; fee.

The owner of any dog or kennel may, upon payment of a fee to be determined by the South Carolina Department of Natural Resources (department), not to exceed five dollars a dog or twenty dollars a kennel, have his dog registered by the department and the registration number tattooed in either of the dog's ears or on any other clearly visible part of the body that would be considered most suitable for the respective species of dog. The department shall maintain records of the names and addresses of the owners of registered kennels.

HISTORY: 1984 Act No. 446, § 1; 1985 Act No. 28; 1993 Act No. 181, § 1169, eff July 1, 1994.

EFFECT OF AMENDMENT

The 1993 amendment substituted "Department of Natural Resources" for "Wildlife and Marine Resources Department".

 

§ 47-3-520. Availability of registration file.

The department shall have this file available for county, city, or subdivision animal control agencies or departments and individuals. The entire cost must be assessed upon dog owners in registration fees.

HISTORY: 1984 Act No. 446, § 2.

 

§ 47-3-530. Penalties for stealing or killing identifiable dog.

Any person stealing any positively identifiable dog is guilty of a misdemeanor and upon conviction must be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned for not less than thirty days nor more than six months, or both.

Any person killing any dog when owner may be identified by means of a collar bearing sufficient information or some other form of positive identification is guilty of a misdemeanor and upon conviction must be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned for not less than thirty days nor more than six months, or both. This paragraph does not apply to the killing of a dog threatening to cause or causing personal injury or property damage.

HISTORY: 1984 Act No. 446, § 3.

 

§ 47-3-540. Destruction of identifiable dog by animal control officer; prior notification of owner.

Animal control officers must not destroy any positively identifiable dog until they have notified the owner at his last known address by registered mail that they have the dog in their possession. The owner must notify the animal control officer within two weeks that he will pick up his dog. If the owner does not pick up his dog within two weeks of notification to the animal control officer, the dog may be destroyed. Reasonable costs associated with the above extended holding period, including cost of mailing the required notice, must be paid before the dog is returned to its owner, or the owner's designee, in addition to any other established costs, fines, fees, or other charges.

HISTORY: 1984 Act No. 446, § 4.

 

§ 47-3-550. Promulgation of regulations.

The South Carolina Department of Natural Resources may promulgate regulations to carry out the provisions of this chapter.

HISTORY: 1984 Act No. 446, § 5; 1993 Act No. 181, § 1170, eff July 1, 1994.

EFFECT OF AMENDMENT

The 1993 amendment substituted "Department of Natural Resources" for "Wildlife and Marine Resources Department".

 

§ 47-3-610. Unlawful to taunt, torment, tease, beat, strike, or administer desensitizing drug to police dog or horse.

It is unlawful for a person to wilfully and maliciously taunt, torment, tease, beat, strike, or administer or subject a desensitizing drug, chemical, or substance to a dog or horse used by a law enforcement department or agency in the performance of the functions or duties of the department or agency or when a dog is placed in a kennel off duty or a horse is placed in a stable off duty, or to interfere or meddle with a dog or horse used by a law enforcement department or agency in the performance of the functions or duties of the department or agency.

HISTORY: 1988 Act No. 512, eff May 9, 1988; 1995 Act No. 68, § 2, eff June 12, 1995.

CODE COMMISSIONER'S NOTE

Section 47-3-610 as enacted by 1988 Act No. 515, § 1, has been redesignated as Section 47-3-710 by direction of the Code Commissioner.

EFFECT OF AMENDMENT

The 1995 amendment made this section applicable to horses.

 

§ 47-3-620. Unlawful to torture, mutilate, injure, disable, poison, or kill police dog or horse.

It is unlawful for a person to wilfully or maliciously torture, mutilate, injure, disable, poison, or kill a dog or horse used by a law enforcement department or agency in the performance of the functions or duties of the department or when a dog is placed in a kennel off duty or a horse is placed in a stable off duty. However, a police officer or veterinarian may perform euthanasia in emergency situations when delay would cause the dog or horse undue suffering and pain.

HISTORY: 1988 Act No. 512, eff May 9, 1988; 1995 Act No. 68, § 3, eff June 12, 1995.

CODE COMMISSIONER'S NOTE

Section 47-3-620 as enacted by 1988 Act No. 515, § 1, has been redesignated as Section 47-3-720 by direction of the Code Commissioner.

EFFECT OF AMENDMENT

The 1995 amendment made this section applicable to horses.

 

§ 47-3-630. Penalties.

A person who violates any of the provisions of this article, except for Section 47-3-620, is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned not less than thirty days nor more than six months, or both. A person who violates the provisions of Section 47-3-620 is guilty of a felony and, upon conviction, must be fined not less than two thousand dollars nor more than five thousand dollars and imprisoned not less than one year nor more than five years.

CREDIT(S)

HISTORY: 1988 Act No. 512, eff May 9, 1988; 1995 Act No. 68, § 1, eff June 12, 1995; 2008 Act No. 259, § 3, eff upon approval (became law without the Governor's signature on June 5, 2008).

CODE COMMISSIONER'S NOTE

Section 47-3-630 as enacted by 1988 Act No. 515, § 1, has been redesignated as Section 47-3-730 by direction of the Code Commissioner.

 

§ 47-3-710. Definitions.

(A) As used in this article "dangerous animal" means an 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:

(a) 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; or

(b) commits unprovoked acts in a place other than the place where the animal is confined as required by Section 47-3-720 and those acts cause a person to reasonably believe that the animal will attack and cause bodily injury to a human being;

(3) which is owned or harbored primarily or in part for the purpose of fighting or which is trained for fighting.

(B) "Dangerous animal" does not include:

(1) an animal used exclusively for agricultural purposes; or

(2) an animal which 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, as set forth in Section 47-3-770(A).

(C) An animal is not a "dangerous animal" solely by virtue of its breed or species.

(D) As used in this article "owner" means a person who owns or has custody or control of the animal.

(E) As used in this article, "injury" or "bodily injury" means (1) broken bones, (2) lacerations, (3) punctures of the skin, or (4) any physical injury resulting in death.

HISTORY: 1988 Act No. 515, eff May 9, 1988; 1992 Act No. 374, § 1, eff May 19, 1992.

CODE COMMISSIONER'S NOTE

Section 47-3-610 as enacted by 1988 Act No. 515, § 1, has been redesignated as Section 47-3-710 by direction of the Code Commissioner.

EFFECT OF AMENDMENT

The 1992 amendment rewrote this section to make it apply to dangerous animals, instead of dangerous dogs.

 

§ 47-3-720. Dangerous animal not to go unconfined on premises; "unconfined" defined; exceptions.

No person owning or harboring or having the care or the custody of a dangerous animal may permit the animal to go unconfined on his premises. A dangerous animal is "unconfined" as used in this section if the animal is not confined securely indoors or confined in a securely enclosed fence or securely enclosed and locked pen or run area upon the person's premises. The pen or run area must be clearly marked as containing a dangerous animal and must be designed to prevent the entry of the general public, including children, and to prevent the escape or release of the animal. However, this section does not apply to an animal owned by a licensed security company and on patrol in a confined area.

HISTORY: 1988 Act No. 515, eff May 9, 1988; 1992 Act No. 374, § 1, eff May 19, 1992.

CODE COMMISSIONER'S NOTE

Section 47-3-620 as enacted by 1988 Act No. 515, § 1, has been redesignated as Section 47-3-720 by direction of the Code Commissioner.

EFFECT OF AMENDMENT

The 1992 amendment rewrote this section to make it apply to dangerous animals, instead of dangerous dogs.

 

§ 47-3-730. Dangerous animal not permitted beyond premises unless safely restrained.

No person owning or harboring or having the care of a dangerous animal may permit the animal to go beyond his premises unless the animal is safely restrained and the requirements of Section 47-3-760(E) are met.

HISTORY: 1988 Act No. 515, eff May 9, 1988; 1992 Act No. 374, § 1, eff May 19, 1992; 1996 Act No. 382, § 1, eff June 4, 1996.

CODE COMMISSIONER'S NOTE

Section 47-3-630, as enacted by 1988 Act No. 515, § 1, has been redesignated as Section 47-3-730 at direction of the Code Commissioner.

EFFECT OF AMENDMENT

The 1992 amendment rewrote this section to make it apply to dangerous animals, instead of dangerous dogs.

The 1996 amendment added "and the requirements of Section 47-3-760(E) are met" after "unless the animal is safely restrained".

 

§ 47-3-740. Owning or harboring animal for fighting or attacking humans or domestic animals prohibited; selling, breeding, buying or attempting to buy, or intent to do same, prohibited; exceptions.

(A) No person may own or harbor an animal for the purpose of fighting or train, torment, badger, bait, or use an animal for the purpose of causing or encouraging the animal to unprovoked attacks upon human beings or domestic animals.

(B) No person may possess with intent to sell, offer for sale, breed, or buy or attempt to buy a known dangerous animal; however, this subsection does not apply to a person who is licensed to possess and breed an animal under the classifications specified and regulated by the United States Department of Agriculture under the Animal Welfare Act as codified in Title 7 of the United States Code.

HISTORY: 1988 Act No. 515, eff May 9, 1988; 1992 Act No. 374, § 1, eff May 19, 1992.

CODE COMMISSIONER'S NOTE

Section 47-3-640 as enacted by 1988 Act No. 515, § 1, has been redesignated as Section 47-3-740 by direction of the Code Commissioner.

EFFECT OF AMENDMENT

The 1992 amendment rewrote this section to make it apply to dangerous animals, instead of dangerous dogs.

 

§ 47-3-750. Seizure and impoundment of dangerous animal.

(A) If a law enforcement agent, animal control officer, or animal control officer under contract with a county or municipal government to provide animal control services has probable cause to believe that a dangerous animal is being harbored or cared for in violation of Section 47-3-720 or 47-3-740 or 47-3-760(E), the agent or officer may petition the court having jurisdiction to order the seizure and impoundment of the dangerous animal while the trial is pending.

(B) If a law enforcement agent, animal control officer, or animal control officer under contract with a county or municipal government to provide animal control services has probable cause to believe that a dangerous animal is being harbored or housed in violation of Section 47-3-730, the agent or officer may seize and impound the dangerous animal while the trial is pending.

HISTORY: 1988 Act No. 515, eff May 9, 1988; 1992 Act No. 374, § 1, eff May 19, 1992; 1996 Act No. 382, § 3, eff June 4, 1996.

CODE COMMISSIONER'S NOTE

Section 47-3-650 as enacted by 1988 Act No. 515, § 1, has been redesignated as Section 47-3-750 by direction of the Code Commissioner.

EFFECT OF AMENDMENT

The 1992 amendment rewrote this section to make it apply to dangerous animals, instead of dangerous dogs.

The 1996 amendment, in subsections (A) and (B), inserted ", animal control officer, or animal control officer under contract with a county or municipal government to provide animal control services" after "law enforcement officer" and replaced "he" with "the agent or officer".

 

§ 47-3-760. Penalties; registration of dangerous animals.

(A) A person who violates Section 47-3-720 or 47-3-730 or subsection (E) of this section or who is the owner of a dangerous animal which attacks and injures a domestic animal is guilty of a misdemeanor and, upon conviction, for a first offense, must be fined not more than two hundred dollars or imprisoned not more than thirty days and, upon conviction of a subsequent offense, must be fined one thousand dollars none of which may be suspended or remitted.

(B) A person who is the owner of a dangerous animal which attacks and injures a human being in violation of Section 47-3-710(A)(2)(a) or a person who violates Section 47-3-740:

(1) for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three years;

(2) for a second or subsequent offense, is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than five years.

(C) A dangerous animal which attacks a human being or domestic animal may be ordered destroyed when in the court's judgment the dangerous animal represents a continuing threat of serious harm to human beings or domestic animals.

(D) A person found guilty of violating this article shall pay all expenses, including, but not limited to, shelter, food, veterinary expenses for boarding and veterinary expenses necessitated by the seizure of an animal for the protection of the public, medical expenses incurred by a victim from an attack by a dangerous animal, and other expenses required for the destruction of the animal.

(E) A person owning a dangerous animal shall register the animal with the local law enforcement authority of the county in which the owner resides. The requirements of the registration must be determined by the county governing body. However, the registration application must be accompanied by proof of liability insurance or surety bond of at least fifty thousand dollars insuring or securing the owner for personal injuries inflicted by the dangerous animal. The county governing body shall provide to the owner registering the dangerous animal a metal license tag and a certificate. The metal license tag at all times must be attached to a collar or harness worn by the dangerous animal for which the certificate and tag have been issued.

(F) Nothing in this chapter is designed to abrogate any civil remedies available under statutory or common law.

HISTORY: 1988 Act No. 515, eff May 9, 1988; 1992 Act No. 374, § 1, eff May 19, 1992; 1993 Act No. 184, § 101 eff January 1, 1994; 1996 Act No. 382, §§ 2 and 4, eff June 4, 1996.

CODE COMMISSIONER'S NOTE

Section 47-3-660 as enacted by 1988 Act No. 515, § 1, has been redesignated as Section 47-3-760 by direction of the Code Commissioner.

EFFECT OF AMENDMENT

The 1992 amendment rewrote this section to make it apply to dangerous animals, instead of dangerous dogs.

The 1993 amendment rewrote subsection (B) so as to change portions from felonies to misdemeanors, to conform to the new crime classification system.

The 1996 amendment in subsection (B) inserted "or a person who violates Section 47-3-740"; in subsection (E), in the third sentence inserted "or surety bond" after "proof of liability insurance" and "or securing " after "insuring", in the fourth sentence deleted "In addition," before "The county", and in the fifth sentence deleted "shall" after "license tag" and inserted "must" before "be attached".

 

§ 47-3-770. When person is lawfully on premises; authority to use force to repel attack by dangerous animal when lawfully on premises; no liability for action taken to repel or restrain unprovoked attack of dangerous animal.

(A) A person lawfully is upon the premises of the owner within the meaning of this article when he is on the premises in the performance of a duty imposed upon him by the laws of this State, by the laws or postal regulations of the United States, when he is on the premises upon invitation, expressed or implied, of the owner, or when he is in the performance of a duty relative to public safety, which includes policemen, firemen, or other authorized personnel. A person may ingress to and egress from the premises for a purpose connected with the performance of the public safety duty.

(B) A person who lawfully is on the owner's premises and who is attacked by a dangerous animal or witnesses the attack may use reasonable force to repel the attack. A person is not liable in damages or otherwise for action to repel or action taken to restrain or control an animal from an unprovoked attack.

HISTORY: 1988 Act No. 515, eff May 9, 1988; 1992 Act No. 374, § 1, eff May 19, 1992.

CODE COMMISSIONER'S NOTE

Section 47-3-670 as enacted by 1988 Act No. 515, § 1, has been redesignated as Section 47-3-770 by direction of the Code Commissioner.

EFFECT OF AMENDMENT

The 1992 amendment rewrote this section to make it apply to dangerous animals, instead of dangerous dogs.

 

§ 47-3-910. Short title.

This article may be cited as "Layla's Law".

HISTORY: Added by 2003 Act No. 37, § 1, eff June 2, 2003.

 

§ 47-3-920. Definitions.

For purposes of this article:

(1) "Guide dog" means a dog that is trained for the purpose of guiding blind persons or a dog trained for the purpose of assisting hearing impaired persons.

(2) "Humane euthanasia" means the termination of a terminally ill or critically injured guide dog or service animal's life by a means that produces a rapid and minimally painful death as provided in Section 47-3-420.

(3) "Notice" means an actual verbal or written warning prescribing the behavior of another person and a request that the person stop the behavior.

(4) "Service animal" means an animal that is trained for the purposes of assisting or accommodating the sensory, mental, or physical disability of a disabled person.

(5) "Value" means the value to the guide dog or service animal user and does not refer to the cost or fair market value.

HISTORY: Added by 2003 Act No. 37, § 1, eff June 2, 2003.

 

§ 47-3-930. Interference with use of a guide dog or service animal; misdemeanor.

(A) It is unlawful for a person who has received notice that his behavior is interfering with the use of a guide dog or service animal to continue with reckless disregard to interfere with the use of a guide dog or service animal by obstructing, intimidating, or jeopardizing the safety of the guide dog or service animal or its user.

(B) It is unlawful for a person with reckless disregard to allow his dog that is not contained by a fence, a leash, or another containment system to interfere with the use of a guide dog or service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the guide dog or service animal or its user.

(C) A person who violates subsection (A) or (B) is guilty of a misdemeanor triable in magistrate's court and, upon conviction, is subject to the maximum fines and terms of imprisonment in magistrate's court.

HISTORY: Added by 2003 Act No. 37, § 1, eff June 2, 2003.

 

§ 47-3-940. Injury, disability, or death; reckless disregard; penalties.

(A) It is unlawful for a person with reckless disregard to injure, disable, or cause the death of a guide dog or service animal.

(B) It is unlawful for a person with reckless disregard to allow his dog to injure, disable, or cause the death of a guide dog or service animal.

(C) A person who violates subsection (A) or (B) is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned not more than six months, or both.

HISTORY: Added by 2003 Act No. 37, § 1, eff June 2, 2003.

 

§ 47-3-950. Unauthorized control over guide dog or service animal; penalties.

(A) It is unlawful for a person to wrongfully obtain or exert unauthorized control over a guide dog or service animal with the intent to deprive the guide dog or service animal user of his guide dog or service animal.

(B) A person who violates subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars or imprisoned not less than one year, or both.

HISTORY: Added by 2003 Act No. 37, § 1, eff June 2, 2003.

 

§ 47-3-960. Intentional injury, disability, or death; penalties.

(A) It is unlawful for a person to intentionally injure, disable, or cause the death of a guide dog or service animal, except in the case of self-defense or humane euthanasia.

(B) A person who violates subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three years, or both.

HISTORY: Added by 2003 Act No. 37, § 1, eff June 2, 2003.

 

§ 47-3-970. Restitution.

(A) A defendant convicted of a violation of this article may be ordered to make full restitution for damages including incidental and consequential expenses incurred by the guide dog or service animal and its user, which arise out of or are related to the criminal offense.

(B) Restitution for a conviction under this article includes, but is not limited to:

(1) the value of the replacement of an incapacitated or deceased guide dog or service animal, the training of a replacement guide dog or service animal, or retraining of the affected guide dog or service animal and related veterinary and care expenses; and

(2) medical expenses of the guide dog or service animal user, training of the guide dog or service animal user, and compensation for wages or earned income lost by the guide dog or service animal user.

(C) This article does not affect civil remedies available for conduct punishable under this article. Restitution paid pursuant to this article must be set off against damages awarded in a civil action arising out of the same conduct that resulted in the restitution payment.

HISTORY: Added by 2003 Act No. 37, § 1, eff June 2, 2003.

 

Title 47. Animals, Livestock and Poultry.  Chapter 5. Rabies Control.

§ 47-5-10. Short title.

This chapter may be referred to as the "Rabies Control Act".

HISTORY: 1962 Code § 6-121; 1952 Code § 6-121; 1950 (46) 2406; 1969 (56) 803; Amended by 2002 Act No. 343, § 1, eff July 3, 2002.

EFFECT OF AMENDMENT

The 2002 amendment reprinted this section with no apparent change.

 

§ 47-5-20. Definitions.

As used in this chapter:

(1) "Carnivore" means a flesh-eating animal and includes those animals known to be reservoirs of rabies including, but not limited to, raccoons, foxes, skunks, and bobcats and related species including, but not limited to, coyotes, wolves, wolf dogs, weasels, civet cats, spotted skunks, and lynx or the offspring born to any combinations of crossbreeding between these wild animals and domestic dogs or cats.

(2) "Department" means the South Carolina Department of Health and Environmental Control, including county health departments.

(3) "Domesticated animal" means owned or stray cats, dogs, and ferrets or other animals for which there exists a rabies vaccine approved by the department and licensed by the United States Department of Agriculture.

(4) "Inoculation against rabies" means the injection, subcutaneously, intramuscularly or otherwise, of antirabic vaccine as approved by the department and by the United States Department of Agriculture.

(5) "Licensed veterinarian" means a person licensed by law to practice veterinary medicine in this State.

(6) "Owner" means any person who:

(a) has a right of property in a pet;

(b) keeps or harbors a pet or who has it in his care or acts as its custodian;

or

(c) permits a pet to remain on or about any premises occupied by him.

(7) "Pet" means only domesticated cats, dogs, and ferrets.

(8) "Quarantine" means a prescribed, restricted confinement of a pet or other animal up to and including a state of enforced isolation. The quarantine is for the purpose of observation of the animal for signs or symptoms, or both, of rabies and for the prevention of potential rabies transmission by the animal to a person, other pets, or other animals. The location, conditions, and length of the quarantine must be prescribed by the department.

HISTORY: 1962 Code § 6-122; 1952 Code § 6-122; 1950 (46) 2406; 1969 (56) 803; 1971 (57) 301; 1979 Act No. 134 § 1; Amended by 2002 Act No. 343, § 1, eff July 3, 2002.

EFFECT OF AMENDMENT

The 2002 amendment rewrote this section.

 

§ 47-5-30. Public health veterinarian; duties.

The department may employ a licensed doctor of veterinary medicine to serve as public health veterinarian of the department. In addition to the duties as public health veterinarian, this person shall aid administratively in the prevention and control of all diseases communicable from animal to man in this State and in combating these diseases in cooperation with the Department of Natural Resources, the extension service of Clemson University, and any other state or federal agencies engaged in similar efforts to combat diseases communicable from animal to man.

HISTORY: 1962 Code § 6-123; 1952 Code § 6-123; 1950 (46) 2406; 1952 (47) 2890; 1969 (56) 803; 1993 Act No. 181, § 1171, eff July 1, 1994; 2002 Act No. 343, § 1, eff July 3, 2002.

EFFECT OF AMENDMENT

The 1993 amendment substituted "Department of Natural Resources" for "Division of Game of the South Carolina Wildlife and Marine Resources Department".

The 2002 amendment deleted the second and third sentences relating to duties specific to rabies inoculation programs and education and, in the fourth sentence, substituted "the duties as public health veterinarian, this person" for "the above, he", deleted "which may become prevalent" following "man" and made other nonsubstantive changes.

 

§ 47-5-40. Interference with authorized representative carrying out duties.

The enforcement of the provisions of this chapter must be carried out under the direct supervision of the department. It is unlawful for anyone to obstruct or interfere with the authorized representative of the department as he carries out the provisions of this chapter.

HISTORY: 1962 Code § 6-124; 1952 Code § 6-124; 1950 (46) 2406; 1969 (56) 803; Amended by 2002 Act No. 343, § 1, eff July 3, 2002.

EFFECT OF AMENDMENT

The 2002 amendment rewrote this section.

 

§ 47-5-50. Prohibition on sale of wild carnivores as pets; sale of domesticated ferrets.

(A) No carnivores, which normally are not domesticated, may be sold as pets in this State. A carnivore kept by an individual must not be allowed to run at large and then returned to confinement. A normally wild animal indigenous to this State, if held captive for a period of time, may be released to the wild. This section does not apply to domesticated ferrets. However, no ferret may be sold in this State without proper and current vaccination against rabies. Evidence of rabies vaccination is a certificate signed by a licensed veterinarian. A person who purchases or possesses a domesticated ferret shall maintain proper vaccination treatment for it annually.

(B) Purchasers of a domesticated ferret must be provided with a notice not less than eight inches by eleven inches which shall bear the following inscription in letters not less than three-fourths inch high:

"FERRETS HAVE A PROPENSITY TO MAKE UNPROVOKED ATTACKS THAT CAUSE BODILY INJURY TO A HUMAN BEING".

(C) Each business establishment in this State, to which has been issued a retail sales tax license, which offers ferrets for sale must prominently display a notice not less than eight inches by eleven inches which shall bear the following inscription in letters not less than three-fourths inch high:

"FERRETS HAVE A PROPENSITY TO MAKE UNPROVOKED ATTACKS THAT CAUSE BODILY INJURY TO A HUMAN BEING".

(D) This section does not apply to the sale, purchase, donation, or transfer of ownership of carnivores between publicly-owned zoos or animal dealers located in this State and licensed by the United States Department of Agriculture (USDA) under the Animal Welfare Act on the effective date of this chapter. These exemptions do not allow for the sale, purchase, donation, or transfer of ownership to private individuals in this State. Any public displays, showings, or exhibitions of wild carnivores, primates, or any other animals for which a USDA licensed rabies vaccine does not exist are allowed only when these displays, showings, or exhibitions prevent any possible contact by these animals with the members of the general public.

HISTORY: 1962 Code § 6-124.1; 1971 (57) 301; 1979 Act No. 134 § 2; Amended by 2000 Act No. 217, § 1, eff February 25, 2000; 2002 Act No. 343, § 1, eff July 3, 2002.

EFFECT OF AMENDMENT

The 2000 amendment designated the existing section as subsection (A), amended it to permit the sale of domesticated ferrets, and added subsections (B) and (C).

The 2002 amendment, in subsection (A), deleted the second sentence listing animals known to be reservoirs of rabies and at the beginning of the second sentence substituted "A carnivore" for "An animal provided for in this section and kept", and added subsection (D).

 

§ 47-5-60. Inoculation of pets; certificates and tags.

A pet owner must have his pet inoculated against rabies at a frequency to provide continuous protection of the pet from rabies using a vaccine approved by the department and licensed by the United States Department of Agriculture. The rabies inoculation for pets must be administered by a licensed veterinarian or someone under a licensed veterinarian's direct supervision, as defined in Section 40-69-20. Evidence of rabies inoculation is a certificate signed by a licensed veterinarian. The rabies vaccination certificate forms may be provided by the licensed veterinarian or by the department or its designee. The veterinarian may stamp or write his name and address on the certificate. The certificate must include information recommended by the National Association of State Public Health Veterinarians. The licensed veterinarian administering or supervising the administration of the vaccine shall provide one copy of the certificate to the owner of the pet and must retain one copy in his files for not less than three years. With the issuance of the certificate, the licensed veterinarian shall furnish a serially numbered metal license tag bearing the same number and year as the certificate with the name and telephone number of the veterinarian, veterinary hospital, or practice. The metal license tag at all times must be attached to a collar or harness worn by the pet for which the certificate and tag have been issued. Annually before February first, the veterinarian shall report to the department the number of animals inoculated against rabies during the preceding year. The department, in conjunction with licensed veterinarians, shall promote annual rabies clinics. The fee for rabies inoculation at these clinics may not exceed ten dollars, including the cost of the vaccine, and this charge must be paid by the pet owner. Fees collected by veterinarians at these clinics are their compensation.

CREDIT(S)

HISTORY: 1962 Code § 6-125; 1952 Code § 6-125; 1950 (46) 2406; 1969 (56) 803; 1992 Act No. 517, § 1, eff September 2, 1992; 2002 Act No. 343, § 1, eff July 3, 2002; 2010 Act No. 173, § 1, eff upon approval (became law without the Governor's signature on May 20, 2010).

EFFECT OF AMENDMENT

The 1992 amendment revised this section, requiring inoculations with a frequency sufficient to give continuous protection rather than annually and requiring veterinarians to report annually on the number of animals inoculated.

The 2002 amendment, in the first sentence, substituted “his pet” for “it” and deleted “Veterinary Biologics Division” at the end of the sentence.

The 2010 amendment added the second sentence relating to licensed veterinarians, inserted in the seventh sentence “or supervising the administration of”, and changed the fee in the last sentence from three to ten dollars.

 

§ 47-5-70. Repealed by 1992 Act No. 517, § 4, eff September 2, 1992.

 

§ 47-5-80. Notice to health department of animal affected or suspected of being affected by rabies.

A pet owner or any other person shall notify the county health department if:

(1) a pet or other animal is affected by rabies;

(2) a pet or other animal is suspected of having rabies; or

(3) a pet has been attacked or bitten by a domesticated or wild animal known or suspected of being affected by rabies.

This notice must include the location where the pet or other animal was last seen or where it may possibly be found, or both.

HISTORY: 1962 Code § 6-127; 1952 Code § 6-127; 1950 (46) 2406; 1969 (56) 803; Amended by 2002 Act No. 343, § 1, eff July 3, 2002.

EFFECT OF AMENDMENT

The 2002 amendment rewrote this section.

 

§ 47-5-90. Reports of animal bites to health department.

Every physician after his first professional attendance upon a person bitten by a pet or other animal, by the end of the next working day, shall report the bite to the county health department and the name, age, sex, weight, address, and telephone number of the person bitten. If no physician attends to the bite, it is the responsibility of the bitten adult or the parent or guardian of a bitten minor child to report the bite by the end of the next working day to the county health department.

HISTORY: 1962 Code § 6-128; 1952 Code § 6-128; 1950 (46) 2406; 1969 (56) 803; Amended by 2002 Act No. 343, § 1, eff July 3, 2002.

EFFECT OF AMENDMENT

The 2002 amendment rewrote this section.

 

§ 47-5-100. Quarantine, examination and destruction of biting or attacking dog, cat, or ferret.

The county health department shall serve notice upon the owner of a dog, cat, or ferret which has attacked or bitten a person to quarantine the animal at the expense of the owner upon his premises or at an animal shelter or other place designated in the notice for at least ten days after the animal has attacked or bitten a person. The licensed veterinarian, the rabies control officer, or his assistants must be permitted by the owner of the pet or other animal which has attacked or bitten a person to examine the animal at any time, and daily if desired, within the ten-day period of quarantine to determine if the animal shows symptoms of rabies. No person may obstruct or interfere with the rabies control officer or his assistants in making the examination. The removal of the head of an animal suspected of having rabies must be performed by a licensed veterinarian, but the county health department may provide for the removal of the head if there is no veterinarian practicing within the county where the suspected animal is located or if no veterinarian located within the county will remove the head. The department shall serve notice upon the owner of an animal other than a dog, cat, or ferret when the department has knowledge that the animal has attacked or bitten a person. The notice must instruct the owner to have the animal immediately euthanized and have the brain submitted for rabies examination or to have the animal quarantined under conditions specified by the department. The owner shall comply immediately with the instructions in the notice.

HISTORY: 1962 Code § 6-129; 1952 Code § 6-129; 1950 (46) 2406; 1969 (56) 803; 1971 (57) 301; 1988 Act No. 547, eff May 17, 1988; 1990 Act No. 553, § 1, eff June 6, 1990; 2002 Act No. 343, § 1, eff July 3, 2002.

EFFECT OF AMENDMENT

The 1988 amendment deleted a provision which required animals, other than dogs or cats, that attacked or bit a person to be euthanized, added a provision requiring that the removal of an animal's head for rabies testing be done only by a licensed veterinarian, provided exceptions to this requirement, and made grammatical changes.

The 1990 amendment rewrote this section.

The 2002 amendment added ", or ferret" in two places and substituted "quarantine" for "to confine" (first sentence) and "confinement" (second sentence), and, in the fifth sentence, deleted "of Health and Environmental Control" following "The department".

 

§ 47-5-110. Pets bitten or otherwise exposed to animal suspected of having rabies

The county health department shall serve a written notice to the owner of a pet that has been bitten by or otherwise exposed to any animal affected or suspected of being affected by rabies. The notice must require the owner to have a currently inoculated pet revaccinated immediately and to quarantine the pet for a period of not less than forty-five days. An uninoculated pet must be quarantined for a period of not less than one hundred eighty days. The uninoculated pet must be inoculated after one hundred fifty days of the quarantine period and released from quarantine thirty days after that if no sign of rabies is observed.

HISTORY: 1962 Code § 6-130; 1952 Code § 6-130; 1950 (46) 2406; 1969 (56) 803; Amended by 2002 Act No. 343, § 1, eff July 3, 2002.

EFFECT OF AMENDMENT

The 2002 amendment rewrote this section.

 

§ 47-5-120. Danger of rabies spread; quarantine and inoculation of pets; reduction of stray and feral animal population.

When there is a danger of rabies spread in a community, and it is necessary in the interest of the public's health and safety, the commissioner of the department or his designee may issue an order to include the general quarantine or immediate inoculation, or both, of pets against rabies within the affected community whether or not these pets have been previously inoculated. The order may require that efforts to reduce the stray and feral animal population be undertaken.

HISTORY: 1962 Code § 6-131; 1952 Code § 6-131; 1950 (46) 2406; 1969 (56) 803; Amended by 2002 Act No. 343, § 1, eff July 3, 2002.

EFFECT OF AMENDMENT

The 2002 amendment rewrote this section.

 

§§ 47-5-130, 47-5-140. Repealed by 1992 Act No. 517, § 4, eff September 2, 1992.

EDITOR'S NOTE

Former sections 47-5-130 and 47-5-140 prohibited uninoculated pets from running at large and provided for the impoundment and disposition of animals in violation of this prohibition.

Former § 47-5-130 was entitled “Uninoculated pet shall not run at large; impounding and disposition of animals” and was derived from 1962 Code § 6-132; 1952 Code § 6-132; 1950 (46) 2406; 1952 (47) 2890; 1960 (51) 2085; 1969 (56) 803.

Former § 47-5-140 was entitled “Pounds and redemption therefrom” and was derived from 1962 Code § 6-133; 1952 Code § 6-133; 1950 (46) 2406; 1969 (56) 803.

 

§ 47-5-150. Department to provide or insure availability of human vaccine; reimbursement.

The department must ensure the availability of antirabic (human) vaccine and globulin products for persons bitten by or otherwise exposed to a pet or other animal found or suspected to be affected by rabies. The provision of such products shall be in accordance with departmental guidelines. The department is authorized to seek reimbursement for the cost of such products from sources to include, but not limited to, personal/medical insurance and/or Medicaid/Medicare coverage of the person receiving the products.

HISTORY: 1962 Code § 6-135; 1952 Code § 6-135; 1950 (46) 2406; 1969 (56) 803; 1992 Act No. 517, § 2, eff September 2, 1992; 2002 Act No. 285, § 1, eff May 28, 2002; 2002 Act No. 343, § 1, eff July 3, 2002.

EFFECT OF AMENDMENT

The 1992 amendment revised this section, to provide that the department must be reimbursed for the vaccine rather than required to provide it free.

The 2002 amendments were identical and rewrote this section.

 

§§ 47-5-160, 47-5-170. Repealed by 1992 Act No. 517, § 4, eff September 2, 1992.

EDITOR'S NOTE

Former sections 47-5-160 and 47-5-170 required counties to fund actions provided for in this chapter and to report cases of rabies.

Former § 47-5-160 was entitled “Funding by counties” and was derived from 1962 Code § 6-136; 1952 Code § 6-136; 1950 (46) 2406; 1969 (56) 803.

Former § 47-5-170 was entitled “Reports of county departments” and was derived from 1962 Code § 6-137; 1952 Code § 6-137; 1950 (46) 2406; 1969 (56) 803.

 

§ 47-5-180. Enforcement.

The department shall enforce this chapter. The sheriff and his deputies, the police officers in each incorporated municipality, and animal control officials in each county and municipality shall assist and cooperate with the county health department in enforcing this chapter.

HISTORY: 1962 Code § 6-138; 1952 Code § 6-138; 1950 (46) 2406; 1969 (56) 803; 1992 Act No. 517, § 3, eff September 2, 1992; 2002 Act No. 343, § 1, eff July 3, 2002.

EFFECT OF AMENDMENT

The 1992 amendment revised this section, primarily deleting provisions relative to the rabies control officer, to require the department to enforce the rabies control act.

The 2002 amendment reprinted this section with no apparent change.

 

§ 47-5-190. Liability for accident or subsequent disease from inoculation.

The county health departments, the county rabies control officers, their assistants, the department, the public health veterinarian or anyone enforcing the provisions of this chapter are not responsible for any accident or subsequent disease that may occur in connection with the inoculation of any animal as provided in this chapter.

HISTORY: 1962 Code § 6-139; 1952 Code § 6-139; 1950 (46) 2406; 1969 (56) 803; Amended by 2002 Act No. 343, § 1, eff July 3, 2002.

EFFECT OF AMENDMENT

The 2002 amendment deleted "of Health and Environmental Control" following "department" and made nonsubstantive changes.

 

§ 47-5-200. Violation; penalty.

A person refusing to comply with the provisions of this chapter or violating any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be punished up to the maximum penalties that may be imposed in magistrate's court.

HISTORY: 1962 Code § 6-140; 1952 Code § 6-140; 1950 (46) 2406; 1969 (56) 803; Amended by 2002 Act No. 343, § 1, eff July 3, 2002.

EFFECT OF AMENDMENT

The 2002 amendment substituted the reference to penalties imposed in the magistrate's court for "fined not more than one hundred dollars and imprisoned not more than thirty days, for each offense" and made nonsubstantive changes.

 

§ 47-5-210. Power of political subdivisions to prohibit pets running at large and impose additional control measures.

Nothing in this chapter may be construed to limit the power of any political subdivision within the State to prohibit pets from running at large, whether or not they have been inoculated as provided in this chapter; this chapter may not be construed to limit the power of any political subdivision to regulate and control further and to enforce other and additional measures for the restriction and control of rabies.

HISTORY: 1962 Code § 6-141; 1952 Code § 6-141; 1950 (46) 2406; 1969 (56) 803; Amended by 2002 Act No. 343, § 1, eff July 3, 2002.

EFFECT OF AMENDMENT

The 2002 amendment substituted "political subdivision" for "municipality" and made nonsubstantive changes.

 

Title 47. Animals, Livestock and Poultry.  Chapter 7. Estrays; Livestock Trespassing or Running at Large.  Article 1. Estrays.

§ 47-7-10. "Estray" defined.

Any domestic or domesticated animal found wandering at large or abandoned in the public ways or on the lands of any person other than its owner shall be an "estray."

HISTORY: 1962 Code § 6-201; 1960 (51) 1741.

 

§ 47-7-20. Public sale of estrays.

Any person finding an estray may take possession thereof and shall, if the owner is not found and no claim to such estray is made within three days, deliver or report the finding and taking up of such estray to the nearest magistrate, who shall sell such estray at public sale after ten days' notice posted in three public places in the county, one of which shall be the courthouse door.

HISTORY: 1962 Code § 6-202; 1952 Code §§ 6-201, 6-203, 6- 204; 1942 Code §§ 6270, 6272-6274; 1932 Code §§ 6270, 6272- 6274; Civ. C. '22 §§ 5130, 5132-5134; Civ. C. '12 §§ 3386, 3388-3390; Civ. C. '02 §§ 2275, 2277-2279; G. S. 1610, 1612-1614; R. S. 1802, 1804-1806; 1803 (5) 465; 1839 (11) 30; 1935 (39) 226; 1960 (51) 1741.

 

§ 47-7-30. Application of proceeds of sale.

The proceeds of sale of an estray shall be applied first to costs of sale and next to costs of care and feeding of the estray, including a reasonable compensation as determined by the magistrate for the finder's labor for care and feeding. Any balance remaining shall be paid into the county treasury as general county funds.

HISTORY: 1962 Code § 6-203; 1952 Code §§ 6-206, 6-208; 1942 Code §§ 6275, 6277; 1932 Code §§ 6275, 6277; Civ. C. '22 §§ 5135, 5137; Civ. C. '12 §§ 3391, 3393; Civ. C. '02 §§ 2280, 2282; G. S. 1615, 1617; R. S. 1807, 1809; 1789 (5) 137, 138; 1803 (5) 465, 466; 1960 (51) 1741.

 

§ 47-7-40. Penalties for violations or for appropriating estrays.

Any person violating the provisions of this article, or attempting to conceal or appropriate an estray to his own use, shall be guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars or imprisoned not more than thirty days for each offense.

HISTORY: 1962 Code § 6-204; 1952 Code § 6-209; 1942 Code §§ 6279, 6280; 1932 Code §§ 6279, 6280; Civ. C. '22 §§ 5139, 5140; Civ. C. '12 §§ 3395, 3396; Civ. C. '02 §§ 2284, 2285; G. S. 1619, 1620; R. S. 1811, 1812; 1803 (5) 466; 1960 (51) 1741.

 

§ 47-7-110. Permitting domestic animals to run at large unlawful.

It shall be unlawful for the owner or manager of any domestic animal of any description wilfully or negligently to permit any such animal to run at large beyond the limits of his own land or the lands leased, occupied or controlled by him. Any owner, manager or person violating the provisions of this section shall be subject to a fine for each offense of not more than twenty-five dollars or to imprisonment for not more than twenty-five days.

HISTORY: 1962 Code § 6-311; 1952 Code § 6-311; 1942 Code §§ 6281, 6282; 1932 Code §§ 1221, 6281, 6282, 6283; Civ. C. ' 22 §§ 3276, 3277; Civ. C. '12 § 2280; Civ. C. '02 § 1497; G. S. 1184; R. S. 1288; 1898 (20) 800; 1905 (24) 959; 1906 (25) 116; 1908 (25) 1048; 1913 (28) 29; 1917 (30) 330; 1918 (30) 848; 1919 (31) 152; 1920 (31) 719, 877, 1051; 1921 (32) 200; 1925 (34) 24; 1927 (35) 749; 1943 (43) 306.

 

§ 47-7-120. Stock coming into State shall not be permitted to run at large.

It shall be unlawful for any person to drive, cause to be driven or in any other manner permit to come into this State any horse, mule, hog, cattle, sheep or other livestock and suffer it to run at large in any marsh, forest lands or range in this State. Any person so offending shall be subjected to a penalty of five dollars for each head so permitted to run at large, to be recovered for the benefit of anyone who may sue for it, or the offender shall be proceeded against by attachment in case he cannot be found in this State. But this section shall not apply to any person owning lands in this State who permits such stock to run at large, as aforesaid, upon his own lands, nor to any person driving or causing to be driven any such stock to or from market or for breeding purposes.

HISTORY: 1962 Code § 6-315; 1952 Code § 6-315; 1942 Code § 5806-45; 1932 Code § 1341; Cr. C. '22 § 230; Cr. C. '12 § 524; 1903 (24) 124.

 

§ 47-7-130. Liability of owners of trespassing stock.

Whenever any domestic animals shall be found upon the lands of any other person than the owner or manager of such animals, the owner of such trespassing stock shall be liable for all damages sustained and for the expenses of seizure and maintenance. Such damages and expenses shall be recovered, when necessary, by action in any court of competent jurisdiction. And the trespassing stock shall be held liable for such damages and expenses, in preference to all other liens, claims or encumbrances upon it.

HISTORY: 1962 Code § 6-316; 1952 Code § 6-316; 1942 Code § 6284; 1932 Code § 6284; Civ. C. '22 § 3278; Civ. C. '12 § 2281; Civ. C. '02 § 1498; G. S. 1185; R. S. 1289; 1881 (17) 592.

 

§ 47-7-140. Right to seize trespassing stock.

Any freeholder or tenant of land, his agent or representative, may seize and hold possession of any domestic animal which may be trespassing upon his premises and as compensation for such seizure may demand of the owner of every such horse, mule, ass, jennet, bull, ox, cow, calf, swine, sheep, goat, or other animal not herein named, just damages for injuries sustained. Such claim shall, when possible, be laid before the owner of the trespassing stock within forty-eight hours after seizure of the stock.

HISTORY: 1962 Code § 6-317; 1952 Code § 6-317; 1942 Code § 6285; 1932 Code § 6285; Civ. C. '22 § 3279; Civ. C. '12 § 2282; Civ. C. '02 § 1499; G. S. 1186; R. S. 1290; 1881 (17) 592; 1972 (57) 2482.

 

§ 47-7-150. Liability of owner for maintenance; bond; recovery of possession.

In case the claim shall not be amicably or legally adjusted and the trespassing animals recovered by the owner within twelve hours after the receipt of such notification, the owner shall further become liable in a sum sufficient to cover the maintenance and care of his stock up to the time of its removal. But the owner shall be entitled to recover immediate possession of his stock on due execution of such bond to cover expenses and claimed damages as any magistrate shall decide to be good and sufficient.

HISTORY: 1962 Code § 6-318; 1952 Code § 6-318; 1942 Code § 6286; 1932 Code § 6286; Civ. C. '22 § 3280; Civ. C. '12 § 2283; Civ. C. '02 § 1500; G. S. 1187; R. S. 1291; 1881 (17) 592.

 

§ 47-7-160. Rescuing animal from custody of person impounding it unlawful.

Whenever any animal shall be taken up under the provisions of this article, it shall be unlawful for any person to rescue it or deliver it from the custody of the person impounding it; and whoever shall violate this provision shall be guilty of a misdemeanor and be punished by a fine of not less than five nor more than thirty dollars or by imprisonment in the county jail not less than five nor more than thirty days.

HISTORY: 1962 Code § 6-321; 1952 Code § 6-321; 1942 Code §§ 1222, 1223; 1932 Code §§ 1222, 1223; Cr. C. '22 §§ 110, 111; Cr. C. '12 §§ 229, 230; Cr. C. '02 §§ 176, 177; G. S. 1190, 1191; R. S. 171, 172; 1881 (17) 593; 1903 (24) 111; 1921 (32) 200.

 

§ 47-7-170. Satisfaction as defense in criminal prosecutions.

In any criminal prosecution for violation of the provisions of § 47-7-160, the defendant may plead, as a matter of defense, the full satisfaction of all reasonable demands of the party or parties aggrieved by such violation; and upon such plea being legally established and upon payment of all costs accrued up to the time of such plea he shall be discharged from further penalty.

HISTORY: 1962 Code § 6-322; 1952 Code § 6-322; 1942 Code § 1225; 1932 Code § 1225; Cr. C. '22 § 113; Cr. C. '12 § 233; Cr. C. '02 § 179; G. S. 1193; R. S. 173; 1881 (17) 594.

 

 

Title 50. Fish, Game and Watercraft. Chapter 11. Protection of Game. Article 1. General Provisions

§ 50-11-65. Training of bird dogs.

 (A) For purposes of this section, “training birds” means pen raised quail, chukar, pheasant, Hungarian partridge, or any other upland game birds approved by the Department of Natural Resources and identified in the Bird Dog Trainer's License required pursuant to subsection (B).

(B) Persons engaged in the business of training bird dogs in return for money, goods, or services may obtain a Bird Dog Trainer's License entitling them to the privileges provided in this section.

(C) The applicant for the license shall provide proof of ownership in or a recorded leasehold instrument for a tract of land to be designated as a bird dog training area. The applicant also shall provide a county or highway map designating the location of the property together with a tax map, aerial photograph, or plat designating the property boundaries. The bird dog training area may not exceed fifty acres for each licensee.

(D) The boundaries of the area must be posted every one hundred fifty feet or less with signs designating the area as follows: “Private Bird Dog Training”.

(E) The application and the license must list the trainer and not more than two assistants, all of whom must have hunting licenses. Upon receiving a training license, the trainer and his two assistants may train dogs by taking training birds as provided in the license required pursuant to subsection (B). No person, trainer, or assistant may be listed on more than one license.

(F) The licensee shall maintain records showing the number of training birds purchased or raised, released for bird dog training, and harvested as part of the training program, together with other records the department may require as a condition of the license. A copy of these records must be open for inspection by agents of the department at reasonable times and must be furnished to the department in an annual report before issuance of the next year's license. The fee for the license is fifty dollars, and the license expires annually June thirtieth.

(G) The trainer and his assistants shall make reasonable efforts to minimize the disturbance of wild birds during training. Training birds released pursuant to this section must be banded, and recovery or recall pens may be used if the trainer is issued a permit for the pens. Unbanded birds taken in recall pens must be released immediately.

(H) A person possessing a hunting license may train bird dogs on private land at any time during the year. However, outside the established hunting season for the birds identified in subsection (A), only weapons capable of firing blank ammunition may be used unless feral pigeons have been released and are being used in the training.

(I) A person violating subsection (D), (E), (F), (G), or (H) is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. A trainer or assistant trainer who violates one or more of these subsections must have his privileges provided under this section suspended for two years from the date of conviction.

CREDIT(S)

HISTORY: 1994 Act No. 315, § 1; 2010 Act No. 139, § 1, eff March 31, 2010.

EFFECT OF AMENDMENT

The 2010 amendment added subsection (A); redesignated former subsections (A) through (H) as (B) through (I); in subsection (E) substituted in the second sentence “train dogs by taking training birds as provided in the license required pursuant to subsection (B)” for “take pen-raised quail during the closed season for training dogs”; in subsection (F) inserted “training” before “birds” in the first sentence; in subsection (G) substituted “birds” for “quail” in the first and third sentences, and in the second sentence substituted “Training birds” for “Birds”; in the second sentence of subsection (H) substituted “hunting” for “quail” and inserted “for the birds identified in subsection (A)” after “season”; and in subsection (I) deleted “(C)” after “subsection”, deleted “or” before (G), and added “or (H)”.

 


Title 50. Fish, Game and Watercraft. Chapter 11. Protection of Game. Article 4. Night Hunting, Harassment of Wildlife, Trespass Offenses

§ 50-11-770. Unpermitted hunting with use of a dog on property without hunting rights; dog not to be harmed; penalties; suspension of hunting privileges; exceptions.

(A) For purposes of this section:

(1) “Hunting” includes:

(a) attempting to take any game animal, hog, or coyote by occupying stands, standing, or occupying a vehicle while; and

(b) possessing, carrying, or having readily accessible:

(i) a centerfire rifle with ammunition capable of being fired in that rifle; or

(ii) a shotgun with shot size larger than number four that is capable of being fired from that shotgun.

(2) “Possessing”, “carrying”, or “having readily available” does not include a centerfire rifle or a shotgun that is:

(a) unloaded and cased in a closed compartment or vehicle;

(b) unloaded and cased in a vehicle trunk or tool box;

(c) in a vehicle traveling in a normal manner on a public road or highway; or

(d) in case of a stander with no vehicle, encased or unloaded with the shells at least thirty feet away and stacked, piled, or otherwise gathered together in like fashion.

(B) Notwithstanding the provisions contained in Section 50-11-760, it shall be unlawful for any person to hunt from any road, right of way, property line, boundary, or property upon which he does not have hunting rights with the aid or use of a dog when the dog has entered upon the land of another without written permission or over which the person does not have hunting rights. The provisions of this section apply whether the person in control of the dog intentionally or unintentionally releases, allows, or otherwise causes the dog to enter upon the land of another without permission of the landowner.

(C) It is not a violation of this section if a person, with the landowner's permission, uses a single dog to recover a dead or wounded animal on the land of another and maintains sight and voice contact with the dog.

(D) A dog that has entered upon the land of another without permission given to the person in control of the dog shall not be killed, maimed, or otherwise harmed simply because the dog has entered upon the land. A person who violates this subsection may be fined not more than five hundred dollars or imprisoned for not more than thirty days. The penalties for violations of this section as provided in subsection (E) do not apply to violations of this subsection.

(E) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars, no part of which may be suspended, or imprisoned for not more than thirty days, or both. The court must transmit record of the conviction to the department for hunting license suspension pursuant to subsection (F).

(F) In addition to any other penalties provided by law, a person convicted of a violation of this section must have his hunting privileges suspended by the department for one year from the date of his conviction. He may not have his hunting privileges reinstated by the department until after he successfully completes a hunter education class administered by the department.

(G)(1) The provisions of this section do not apply to bear hunting.

(2) The provisions of this section do not apply to Game Zones 1 or 2.

CREDIT(S)

HISTORY: 2010 Act No. 239, § 2, eff June 11, 2010.


§ 50-11-780. Dogs engaged in hunting not required to be constrained by leash.

No dog is required to be constrained by a leash while it is actually engaged in hunting game and under supervision. As used in this section “supervision” means that the owner of the dog or his designee is either in the vicinity of the dog or in the process of trying to retrieve the dog.

CREDIT(S)

HISTORY: [Derived from former § 50-11-150 (1985 Act No. 142, § 1)]; 1988 Act No. 561, § 1; 1993 Act No. 181, § 1262.

Code 1976 § 50-11-780, SC ST § 50-11-780

 

 

Title 51. Parks, Recreation and Tourism. Chapter 3. State Parks.

§ 51-3-145. Certain acts unlawful at state parks.

It shall be unlawful for any person to commit any of the following acts at any park or facility under the jurisdiction of the Department of Parks, Recreation and Tourism:

(A) Destroying, defacing, disturbing, disfiguring, or removing any part of any building, sign, structure, or equipment.

(B) Killing, harming, or harassing any mammal, bird, reptile, or amphibian, except by permit issued by the department or by permit issued by the South Carolina Department of Natural Resources for designated Game Management Areas.

(C) Hunting in any area, with the exception of those that may be designated as Game Management Areas.

(D) Destroying, cutting, breaking, removing, defacing, mutilating, injuring, taking or gathering any tree, shrub, other plant or plant part, rock, mineral, or geological feature except by permit issued by the department.

(E) Building any fire in any place other than those specifically designated for such a purpose.

(F) Disposing of litter, garbage, or other refuse in places or receptacles other than those specifically provided for such purpose. Such unlawful disposing of litter, garbage, or refuse shall include:

(1) Dumping any refuse or waste from any trailer or other vehicle except in places or receptacles provided for such use.

(2) Cleaning fish, or food, or washing clothing, or articles for household use in any sink, or at any faucet located in restrooms.

(3) Polluting or contaminating any water used for human consumption.

(4) Using park refuse containers or facilities for dumping household or commercial garbage or trash brought as such from private property.

(5) Depositing, except into receptacles provided for that purpose, any body waste, or depositing any bottles, cans, clothes, rags, metal, wood, stone, or other damaging substance in any fixture in any restroom, or other structure.

(G) Possessing any firearm, airgun, explosive, or firework except by duly authorized park personnel, law enforcement officers, or persons using areas specifically designated by the department for use of firearms, airguns, fireworks, or explosives. Licensed hunters may have firearms in their possession during hunting seasons provided that such firearms are unloaded and carried in a case or the trunk of a vehicle except that in designated game management areas where hunting is permitted, licensed hunters may use firearms for hunting in the manner authorized by law. This subsection shall not apply to a person carrying a concealable weapon pursuant to Article 4, Chapter 31, Title 23, and the concealable weapon and its ammunition.

(H) Operating vehicles in a reckless manner, or in excess of posted speed limits, or in areas other than those specifically intended for vehicular traffic. A violation of the following provisions shall constitute the unlawful operating of vehicles:

(1) Motorbikes, minibikes, mopeds, motorcycles, motor scooters, go-carts and any other type motorized vehicle shall not be driven in any area or on any trail not intended for their use. Only licensed motorized vehicles shall be allowed on park roads.

(2) No motorized vehicle of any kind shall be allowed on horse trails, hiking trails or beach areas.

(3) Motor vehicles shall not be driven on roads in developed recreation sites for any purpose other than access into or egress out of the site.

(4) No motorized vehicle of any kind shall be operated at any time without a muffler in good working order, or in such a manner as to create excessive or unusual noise, or annoying smoke, or using a muffler cut-off, by-pass, or similar device.

(5) No person shall excessively accelerate the engine of a motor vehicle or motorcycle when such vehicle is not moving or is approaching or leaving a stopping place.

(6) Vehicles shall not be permitted in a cabin or camping area unless the operator thereof is a registered guest within the area, except for the expressed intent of renting such area or with prior permission of authorized park officials.

(I) Using privately owned boats or gasoline motors on any waters lying wholly within the boundaries of the park or facility, except in water where specifically authorized, and in such case boat users shall obey all posted rules and regulations.

(J) Consuming or displaying in public any beverage of alcoholic content, including beer and wine, except where specifically authorized by the department.

(K) Acting in a disorderly manner or creating any noise which would result in annoyance to others. Acting in a disorderly manner shall include inciting or participating in riots, or indulging in boisterous, abusive, threatening, indecent, or disorderly conduct. In addition to other authorized penalty provisions anyone in violation of this subsection may be ejected from the park and shall not be entitled to a refund of any fee or rental.

(L) Entering or remaining within the limits of the park or facility while in an intoxicated or drugged condition.

(M) Operating or using audio device, including radio, television, musical instruments, or any other noise producing devices, such as electrical generators, and equipment driven by motor engines, in such a manner and at such times as to disturb other persons and no person shall operate or use any public address system, whether fixed, portable, or vehicle mounted, except when such use or operation has been approved by the department.

(N) Engaging in or soliciting business within a park or facility except where authorized by the department and no person shall distribute, post, place, or erect any bills, notices, paper, or advertising device, or matter of any kind without consent of the department.

(O) Swimming in areas not designated for the purpose and failing to obey all posted rules while swimming.

(P) Bringing a dog or any other animal into the park or facility unless it is crated, caged, or upon a leash not longer than six feet or otherwise under physically restrictive control at all times. For this purpose:

(1) No person shall keep in the park or retain in the park a noisy, vicious, or dangerous dog or animal, or one which is disturbing to other persons after he has been asked by a park official to remove such animal.

(2) No person shall bring saddle, pack, or draft animals into a site which has not been developed to accommodate them.

(Q) Entering a facility or area without regard to restrictions on public use. These restrictions on public use shall include the following provisions and a violation of such provisions shall be considered to be a violation of this subsection:

(1) Parks shall be open during daylight hours except where otherwise specifically authorized and no person shall be admitted to or allowed to remain in the park after the designated closing hour except for the purpose of cabin rentals or camping unless such person has permission of the department.

(2) No person shall make, use, or gain admittance to, or attempt to use, or gain admittance to facilities within any park, for which a charge is made, without paying the fee.

(3) No person shall remain within any facility if he refuses to pay the required fee to enter and use the facility or service in a posted, designated fee area.

(4) No person shall enter any park, or any park area, or facility when it is closed to the public.

(5) No person shall willfully provide erroneous information for any campsite or cabin registration.

(6) Minors under eighteen years of age shall register for a cabin or campsite only as agents acting for their parent or guardian.

(7) No person or persons shall occupy a campsite for a consecutive period longer than fourteen days without permission from the department.

(8) No person or persons shall occupy a cabin or lodge room for a consecutive period longer than seven days without permission from the department.

(R) No person shall take fish from a lake, pond, or other waters wholly located within the boundary of a state park except in accordance with methods, limits, and times permitted by the department. The methods, limits, and times must be published and displayed in a conspicuous manner to provide notice to the visiting public. The articles and acts prohibited by this section shall be published and displayed in conspicuous places so as to be available for visitors and employees.

CREDIT(S)

HISTORY: 1978 Act No. 554 § 1; 1982 Act No. 456, §§ 1, 4; 1988 Act No. 461, § 3; 1993 Act No. 181, § 1276, eff July 1, 1994; 2002 Act No. 274, § 6, eff May 28, 2002.


 



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