(A) It shall be unlawful for any person who owns or cares for a dangerous animal to allow the animal to remain unconfined on the premises. Confined shall mean secured indoors or in an outdoor secure fence or pen. A pen will be considered secure if the pen or run area are locked and the pen is clearly marked as containing a dangerous animal. It must be designed to prevent the entry of the public as well as to prevent the escape of the animal (S.C. Code § 47-3-720).
(B) The pen must have walls at least 6 feet high and a secure top. The corners of the pen must be embedded in concrete or cement a minimum of 6 inches deep.
(C) An animal considered dangerous is not permitted to leave the premises unless safely restrained (S.C. Code § 47-3-730).
(D) It is unlawful to harbor an animal for fighting or attacking humans or domestic animals. This means 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 (S.C. Code § 47-3-740(A)).
(E) It is unlawful to possess a dangerous animal with the intent to sell, offer for sale, breed, buy, or attempt to buy an known dangerous animal, however, this section does not apply to person who is licensed to possess and breed such 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. (S.C. Code § 47-3-740(B)).
(F) In the case the Newberry County Animal Care and Control or Newberry County Sheriff's Office has probable cause to believe that a dangerous animal is being harbored or cared for, the court may order the animal seized and impounded (S.C. Code § 47-3-750).
(G) A person who owns a dangerous animal must meet the S.C. Code § 47-3-760, stating that the animal must be registered with the Newberry County Sheriff's Office as a dangerous animal. It must wear a metal tag at all times issued as a part of the registration process, and the owner must have a minimum $50,000 liability insurance policy or surety bond in the case that the animal inflicted injuries on someone.
(H) If a court deems the animal dangerous, it may be impounded giving the owner time to comply with the Newberry County and State of South Carolina dangerous animal regulations. If the owner does not comply, the court may order the animal taken into the custody of Newberry County Animal Care and Control at which time it may be humanely euthanized.
(I) In the case that a dangerous animal is loose in an area, representatives from Newberry County Animal Care and Control will make reasonable attempts to catch and restrain the animal to protect the public. If the animal is unable to be captured (by physical means and trapping), then as a last resort an order can be sought from the Chief Magistrate or other Magistrate on duty and upon the execution of an appropriate written order, the animal may be destroyed as humanely as possible. In this case, an Officer from Newberry County Sheriff's Office will be assigned to destroy the animal, and may utilize a weapon issued by Newberry County Animal Care and Control for that purpose, or a weapon supplied by the Sheriff's Office, and an Animal Control Officer will accompany the Officer to positively identify the animal, so that it can be destroyed.
(Ord. 10-32-05, passed 10-5-2005)