(A) Any animal control officer may lawfully take charge of any animal found abandoned, neglected, or cruelly treated or unfit for use, and shall petition any magistrates court in the jury area wherein the animal is found, for a hearing which shall be a civil proceeding. The hearing shall be set not more than ten days from the date of the seizure of the animal to determine whether the owner, if known, is able to adequately provide for the animal and is a fit person to own the animal. The animal control officer shall cause to be served upon the owner, if known and residing within the jurisdiction wherein the animal is found, written notice at least five days prior to the hearing of the time and place of the hearing. If the owner is known but residing out of the jurisdiction where such animal is found, written notice by any method or service of process as is provided by South Carolina Code of Civil Procedure shall be given. If the owner is unknown at the time of seizure, it shall be considered a stray. The animal control officer may provide for such animal until the owner is adjudged by the court able to adequately provide for such animal and a fit person to own the animal, in which case the animal shall be returned to the owner. If the owner is adjudged by the court unable to adequately provide for the animal or not a fit person to own the animal, then the court shall order that the animal be placed for adoption in a suitable home, or humanely destroyed. The court, in determining whether the owner is able to adequately provide for the animal or is a fit person to own the animal, may take into consideration, among other things, the owner's past record of convictions under this subchapter, or one similar thereto, and the owner's mental and physical condition.
(B) If the magistrate's court determines that the owner is unable to care for any animal or is not a fit person to own such animal, the owner may appeal that decision to the court of common pleas (nonjury) of the county by serving a copy of his/her notice of appeal on the magistrate within 30 days following the decision together with an appeal bond in an amount equal to the contractual daily rate charged to the county by the Charleston Animal Society, or other designated animal shelter(s), which rate shall be established by adoption in the county budget ordinance effective July 1 each year, multiplied by 90 days, which is the typical time within which an appeal is heard. Should the hearing on appeal be delayed beyond 90 days, the circuit judge, in his/her discretion, may impose an additional bond amount on the owner. Should the appeal result in a reversal of the magistrate's decision or a remand of the matter for a new hearing, the bond will be returned to the owner. However, if the magistrate's decision is affirmed, the bond shall be forfeited to the county sheriff’s office for its use in reimbursing the animal shelter for its costs of care for the animal. Should the owner appeal from the circuit court's decision, additional bonds shall be assessed in an amount to be determined by the appellate court.
(C) Nothing in the section shall be construed to prohibit the destruction of a critically injured or ill animal or an animal identified as carrying or having an infectious or contagious condition or disease or any unidentified animal deemed to represent a physical danger to the public, animal control, shelter staff, or other impounded animals may be humanely euthanized upon agreement by animal control and shelter staff.
(Ord. 2012-09, passed 9-20-2012)