*Editor's note--Ord. No. 066-04HR, § I, adopted October 28, 2004, repealed former Ch. 5, relative to animals and fowl and enacted a new Ch. 5 to read as herein set out. The provisions of former Ch. 5 derived from Ord. No. 1899-89, § I, adopted July 31, 1989, and amended by Ord. No. 1907-89, § III, adopted September 9, 1989; Ord. No. 2091-91, adopted May 27, 1991; Ord. No. 053-00HR, § I, adopted September 9, 2000; Ord. No. 40-02HR, § I, adopted July 23, 2002; Ord. No. 67-02HR, § I, adopted November 12, 2002; and Ord. No. 041-03HR, § I, adopted June 3, 2003.
Cross reference(s)--Department of animal care, § 2-205 et seq.
State law reference(s)--Cruelty to animals, S.C. Code 1976, § 47-1-10 et seq.; sheep-killing dogs, § 47-3-210 et seq.; rabies control, § 47-5-10 et seq.; uninoculated pets, § 47-5-130; ordinances and regulations for the control of dogs and other domestic pets, § 47-3-20 et seq.
Whenever used in this chapter, unless a contrary intention is clearly evidenced, the following terms shall be interpreted as herein defined.
Abandon shall mean to desert, forsake, or intend to give up absolutely an animal without securing another owner.
Abuse shall mean the act of any person who deprives any animal of necessary sustenance or shelter, or inflicts unnecessary pain or suffering upon any animal, or causes these things to be done.
Animal shall mean, in addition to dog and cat, any organism of the kingdom of Animalia, other than a human being.
Animal Care Officer shall mean any person employed by the county to enforce the animal care program.
Animal care facility shall mean any premises designated by the county for the purpose of impounding, care, adoption, or euthanasia of animals held under the authority of this chapter.
At large shall mean an animal running 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, or an animal on its owner's premises but not under restraint. A dog properly within the enclosed boundaries of a dog park shall not be considered at large. For the purposes of this definition, a dog park shall mean an enclosed area, owned and/or operated by the county, any municipality, or private entity, designed, intended, and used for domestic dogs to play and exercise off-leash in a controlled environment under the supervision of their owners.
Community cat or free-roaming cat shall mean a domestic cat that lives outdoors full-time, has little or no human contact, is not well socialized to humans,
and has no known owner. Pets and house cats that are outside periodically, and stray cats (lost or abandoned house pets) are specifically excluded from this definition.
Dangerous or vicious animal shall mean:
(1) Any animal that the owner knows, or reasonably should know, has the propensity, tendency or disposition to attack, to cause injury to, or to otherwise endanger the safety of human beings or domestic animals; or
(2) Any animal that attacks a human being or domestic animal one (1) or more times without provocation, whether or not the attack occurs on the premises of the animal’s owner; or
(3) Any animal that is not under restraint and that commits unprovoked acts that cause a person to reasonably believe that it will attack and cause bodily injury to a human being or domestic animal; or
(4) An animal owned, kept or harbored, primarily or in part, for the purpose of animal fighting or an animal that has been trained for animal fighting.
Domestic shall mean any animal which shares the genetic makeup and/or physical appearance of its ancestors which were historically domesticated for human companionship and service.
Non-domestic shall mean any animal which shares the genetic makeup and/or physical appearance of its ancestors which were not historically domesticated for human companionship and service.
Nuisance shall mean an animal that 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 their property.
Owner shall mean any person who:
(1) Has a property right in an animal;
(2) Keeps or harbors an animal or who has it in his or her care or acts as its custodian; or
(3) Permits an animal to remain on or about any premises occupied by him or her.
Pet shall mean a domestic dog (canis familiaris) and/or a domestic cat (felis catus domesticus).
Provocation shall mean any act done towards an animal that a reasonable person would expect to enrage the animal to the extent that it would be likely to bite or attack, including, but not limited to, teasing, harassing, beating, torturing, injuring, or intentionally causing pain to an animal. Where an animal is attacked on its owner’s property by another animal off its owner’s property, the attack will be presumed unprovoked, absent clear evidence to the contrary. Provocation does not include any actions on the part of an individual that pertain to reasonable efforts of self-defense or the defense of others.
Shelter shall mean any structure appropriately sized for the pet to stand or lie in a normal manner. The structure must have a roof, three (3) sides, an opening appropriately sized for entry and exit, and a floor so as to protect the pet from the elements of weather.
Under restraint shall mean an animal that is on the premise of its owner or keeper by means of a leash, fence or other similar restraining device, or is on the premises of its owner or keeper and accompanied by the owner/keeper, or an animal that is off the premises of its owner or keeper but is accompanied by its owner or keeper and is under the physical control of such owner or keeper by means of a leash or other similar restraining device.
Wild or feral animal shall mean any animal that is not naturally tame or gentle, that is of a wild nature or disposition, that is capable of killing, inflicting serious injury upon, or causing disease among, human beings or domestic animals, and has known tendencies as a species to do so.
(Ord. No. 066-04HR, § I, 10-28-04; Ord. No. 005-12HR, § I, 2-7-12; Ord. No. 019-17HR, § 1, 5-2-2017)
Cross reference(s)--Rules of construction and definitions generally, § 1-2.
(a) It shall be unlawful for the owner of any pet to fail to provide any pet over four (4) months of age with a current county license tag. The owner of any pet over four (4) months of age must also have a current rabies vaccination tag showing that such pet has been vaccinated by a licensed veterinarian. No license will be issued unless proof of inoculation is shown. Any pet owner who moves into the county for the purpose of establishing residency shall have thirty (30) days in which to obtain the license.
(b) The annual license fees for fertile and sterilized pets shall be established and approved by the county council. Licenses will expire one (1) year after the date of issue, and owners will have until the end of the month of original issue to renew the licenses.
(c) The Animal Care Department shall annually provide a sufficient number of durable tags suitable for pets, numbered from one (1) upwards, on which shall be stamped the year and the words "pet license." Such tags must be worn by all pets in the county at all times.
(d) It shall be unlawful for a commercial pet breeder to fail to obtain a county commercial pet breeder license. The requirements for such a license are as follows:
(1) Individuals engaged or intending to engage in breeding as a business, occupation, or profession must obtain a commercial pet breeder license from the Animal Care Department. Additionally, such breeders must obtain a separate business license through the county's Business Service Center.
(2) Applicants must have all pets that have reached the age of four (4) months, currently licensed with a county pet license, before applying for the commercial pet breeder license.
(3) The Animal Care Department, through its Animal Care Officers, shall conduct an inspection of the property for the license requested by the applicant to determine whether the applicant qualifies to hold a license pursuant to this section.
(4) During an inspection, an Animal Care Officer will be looking for the following:
a. The enclosure where the pets are being kept should be constructed in such a manner that any pets housed there will be adequately and comfortably kept in any season of the year.
b. The location of all pet enclosures should be in such a position so that they can be easily cleaned and sanitized. Any kennels or yards that are connected or are used to confine the pets must be kept clean and free from accumulations of feces, filth, mud and debris.
c. Every pet on the premises should have constant access to a clean and fresh water supply. All pets must also have an adequate amount of appropriate food to maintain each pet's normal condition of health.
d. The premises must be set up in such a manner as to not allow pets to stray beyond their enclosed confines. The setup must also prevent the public and stray animals from obtaining entrance into or gaining contact with any pets on the premises.
e. Every pet that has reached the age of four (4) months on the premises must have a valid pet license on file with Richland County.
(5) A license will not be issued to an applicant that has pled no contest, or has been found to have violated any federal, state, or local laws or regulations pertaining to animal cruelty within (5) years of the date of application.
(6) License application should be made prior to any litter being delivered.
(7) A commercial pet breeder license is not transferrable to another person or location.
(8) The inspection fee for a county commercial pet breeder license shall be established and approved by the county council. The license shall expire one (1) year after the date of issue.
(9) Any violations found under the provisions of this chapter shall be grounds for the suspension of the commercial pet breeder license if deemed necessary by the Animal Care Department. Reinstatement shall be determined on a case-by-case basis. The commercial pet breeder license of any licensee whose license has been suspended shall remain inactive and all breeding shall cease until the license has been reinstated or a new license is issued.
(10) In addition to the inspection fee for the commercial pet breeder license, a pet breeder is required to adhere to the licensing requirements of the county pet license as set forth in subsections (a) and (b) of this section; so that there is a requirement of one (1) commercial pet breeder license per breeder, in addition to one (1) county pet license per pet that has reached a minimum age of four (4) months and is still in the pet breeder’s custody.
(Ord. No. 066-04HR, § I, 10-28-04; Ord. No. 005-12HR, § II, 2-7-12; Ord. No. 019-17HR, § 1, 5-2-2017)
(a) The following classifications of owners of pets shall be exempt from paying the higher license fee for fertile pets. These exempt persons shall be required to purchase a license for their pet and will pay the same license fee as required for sterilized pets:
(1) Any owner of a pet who can furnish a statement from a licensed veterinarian that the pet, due to health reasons, could not withstand spay/neuter surgery;
(2) Any owner of one (1) or more purebred pets who can furnish proof of participation in a nationally recognized conformation or performance event within the past twelve (12) months.
(3) Any owner of a dog that is currently being used for hunting purposes and has properly been registered with a nationally recognized organization which sanctions hunting tests and/or field trials. Such registration must be accompanied by proper documentation that will be required to receive this exemption.
(b) Any owner of a dog which is trained to be an assistance/service dog for its owner shall be required to obtain an annual license but shall not be required to pay any license fee.
(c) The county Animal Care Department shall maintain the name and address of each party to whom a license and tag has been issued under the provisions of this chapter, and shall keep the same on file in the offices of the department for the purpose of identification.
(Ord. No. 066-04HR, § I, 10-28-04; Ord. No. 005-12HR, § III, 2-7-12; Ord. No. 019-17HR, § 1, 5-2-2017)
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