§ 90.01  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ADEQUATE SHELTER. That shelter which will keep a non-aquatic animal dry, out of the direct path of winds, out of direct sun, and at a temperature that is healthful for the animal. The containment area for the animal shall be free of accumulated waste and debris so that the animal shall be free to walk or lie down without coming in contact with waste or debris; shall be free of unsanitary conditions or is dangerous to the animal or to public health, welfare or safety; and shall be free of ticks and fleas. A suitable method of drainage shall be provided to rapidly eliminate any excess water or moisture. Aquatic and semi-aquatic animals shall have an adequate amount of clean water in which to move. For dogs outside and unattended as defined herein, adequate shelter shall meet the following minimum standards:
      (1)   The shelter shall be a waterproof and windproof structure of suitable size to accommodate the dog and allow retention of body heat. It shall be made of durable material with a solid, waterproof floor raised at least three inches from the ground.
      (2)   The structure must have a windbreak at the entrance. The structure shall be provided with a sufficient quantity of suitable, clean bedding material to provide insulation and protection against cold and dampness and promote retention of body heat.
      (3)   All dogs must be afforded one or more separate areas of shade large enough to accommodate the entire body of the dog at one time to ensure protection from the direct rays of the sun. A doghouse is inadequate protection from the sun.
   ANIMAL.  Any nonhuman living creature whether wild or domesticated.
   ANIMAL CONTROL OFFICER.  A person or persons appointed by the Chief of Police who shall have such powers and duties as are hereinafter set forth in this chapter.
   ANIMAL NUISANCE.  The actions of an animal constitute a nuisance when an animal disturbs the rights of, threatens the safety of, or damages a member of the general public, or interferes with the ordinary use and enjoyment of his or her property. Specifically, an animal nuisance is created when an animal:
      (1)   Runs uncontrolled;
      (2)   Damages property other than that of the owner or harborer;
      (3)   Molests or disturbs persons or vehicles or other animals by chasing, barking, or biting;
      (4)   Barks, whines, howls, honks, brays, cries, or makes other noises excessively;
      (5)   Creates noxious or offensive odors;
      (6)   Defecates upon any public place or upon premises not owned or controlled by the owner or harborer unless promptly removed (two minutes) by the animal owner or harborer;
      (7)   Creates an insect breeding and/or attraction site due to an accumulation of excretion; or
      (8)   Is maintained in an environment or unsanitary conditions.
   ANIMAL SHELTER.  Any premises designated by the Chief of Police for the purpose of impounding, caring for, or the destruction of animals held pursuant to this chapter.
   BITE.  To be seized with the teeth or jaws so that a person or animal has been nipped, gripped, wounded, or pierced and saliva of the biting animal has contacted the resulting break or abrasion of the skin.
   CAT.  Any member of the feline family, six months or more in age.
   CONTROL or UNDER RESTRAINT.  An animal shall be deemed under control or restraint if it is on the premises of its owner or keeper or is accompanied by its owner or keeper and under the physical control of such owner or keeper by means of a leash not more than eight feet in length or other similar restraining device, or under the active control of the owner or trainer while hunting or being trained while on property of the owner or another’s property with the property owner’s permission.
   DOG.  Any member of the canine family, six months or more in age.
   EXTREME WEATHER. Any period in which a severe weather advisory or warning has been issued for the area by the National Weather Service.
   FREE ROAMING CAT PROGRAM. A program established and run by Humane Net, of which the Charleston Animal Society is a member, for the purpose of reducing free-roaming cat populations in a humane manner. Specifically, the intent of this program is to return free-roaming cats to the area where taken in, if possible, after being carefully evaluated by a veterinarian, vaccinated, micro-chipped and spayed and/or neutered, pursuant to certain guidelines.
   HUMANE SOCIETY.  State Society for the Prevention of Cruelty to Animals.
   IMPOUND.  To confine in a humane manner, including, but not limited to, providing sufficient and nourishing food, warm and well-ventilated shelter,  and medical attention.
   OWNER or KEEPER.  Any person who has a right of property in an animal; who keeps or harbors an animal; who has an animal in his or her care or custody; or who permits an animal to remain on or about any premises occupied by him or her.
   RUNNING AT LARGE.  Being 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.
   STRAY ANIMAL.  An animal running at large which has no identifiable owner.
   UNATTENDED. Outdoors and beyond the visual sight and physical presence of the owner, handler, or caretaker for 15 minutes or more.
   VACCINATION.  The administration of antirabic vaccine by a licensed veterinarian at such intervals as required by state law.
   VICIOUS ANIMAL.  As follows.
      (1)   An animal:
         (a)   With a known propensity, tendency, or disposition to attack unprovoked, to cause injury to, or to otherwise endanger the safety of humans or domestic pets; or
         (b)   Which attacks, bites or otherwise injures a human being or other domestic animal without provocation; or
         (c)   Which is trained or used to fight or to attack humans.
      (2)   This definition shall not apply to a dog owned or used by a governmental entity.
   WILD ANIMAL.
      (1)   Any poisonous reptile or any other dangerous or carnivorous wild animal or reptile, any vicious or dangerous domesticated animal or any other animal or reptile of wild, vicious, or dangerous propensities.
      (2)   The definition of a WILD ANIMAL shall not be construed to apply to “exotic” birds or animals which are not dangerous to humans and which may lawfully be purchased at pet stores or commercial locations except for those animals specifically mentioned in this chapter.
('81 Code, § 90.01) (Ord. 93050, passed 10-12-93; Am. Ord. 08070, passed 12-9-08; Am. Ord. 10004, passed 3-10-10; Am. Ord. 20007, passed 3-11-20)