(a) Generally: nuisances within 200 feet of a residence are prohibited. It shall be unlawful and is hereby declared to be a public nuisance to keep, harbor or maintain any domestic pet which howls, barks, whines or cries to such extent as to materially interfere with or affect the health, comfort, peace and quiet of the public, or the reasonable use and enjoyment of the neighboring properties within 200 feet of a residence in Greenville County.
(b) Complaints.
(1) Upon the receipt of 2 detailed, written and signed complaints from separate households in close proximity to the offender, that a person within 200 feet of a residence in Greenville County is violating the provisions of this section, the animal control officer or other appropriate law enforcement officer shall notify the owner or keeper of the domestic pet in question that complaints have been received and shall investigate the complaints. If the investigation determines that the complaints are justified, the animal control officer or other appropriate law enforcement officer shall notify in writing the owner or keeper of the domestic pet to correct the violation within 7 days of receiving the notice. At least 1 of the complainants shall be required to appear and testify in court at the time the case is scheduled for trial. In the event that none of the complainants appear in court at the time the case is scheduled for trial, the county attorney’s office shall dismiss the charges against the owner or keeper of the domestic pet.
(2) In the event that a property is so situated that only 1 complaint is possible within the 200 feet limit, then upon the receipt of 1 detailed, written and signed complaint, a law enforcement officer or animal control officer may witness and validate the complaint. If the complaint is validated by the officer, the animal control department may proceed with the investigation and enforcement of this article as set forth in subsection (1), and the 1 complainant must appear and testify in court at the time the case is scheduled for trial.
(c) Failure to correct. Should the owner of keeper of any domestic pet found to be in violation of this section fail to correct said violation after 7 days, the owner of said domestic pet shall be subject to the penalties for violations provided herein, with each day in violation constituting a separate offense.
(d) Exception. This section is not applicable to commercial animal boarding facilities in existence prior to March 20, 2001. The exception shall not apply to facilities where the use has been discontinued for a continuous period exceeding 6 months.
(1976 Code, § 4-16.1) (Ord. 2130, § 5, passed 6-5-1990; Ord. 2325, §§ 2, 3, passed 12-3-1991; Ord. 2766, §§ 1, 2, passed 10-3-1995; Ord. 3434, § 1, passed 11-21-2000; Ord. 3457, § 1, passed 3-20-2001; Ord. 3535, § 1, passed 11-6-2001; Ord. 4099, § 3, passed 4-3-2007)