(A) It shall be unlawful for the owner or keeper of any dog or livestock to willfully or negligently permit any such animal to run at large beyond the limits of his or her own land or the lands leased, occupied or controlled by him.
(B) It is unlawful pursuant to the provisions herein for any dog or cat owner or other keeper of a dog or cat to:
(1) Keep a dangerous or unruly dog unless under restraint, as defined herein under § 55.19, so that the dog cannot reach persons not on land owned, leased, or controlled by him or her;
(2) Release or take out of impoundment or quarantine without proper authority any dog or cat or resist county or municipal shelter personnel engaging in the capture and impoundment or quarantine of a dog or quarantining of a cat;
(3) Any person who violates the provisions of this section § 55.21(B), is guilty of a misdemeanor and, upon conviction, must be fined $50 for a first offense and not more than $100 for each subsequent offense.
(C) Whenever any domestic animals shall be found upon the lands of any person other than the owner or manager of the animals, the owner of the trespassing stock shall be liable for all damages sustained and for the expenses of seizure and maintenance. The damages and expenses shall be recovered, when necessary, by action in any court of competent jurisdiction, and the trespassing stock shall be held liable for the damages and expenses, in preference to all other liens, claims or encumbrances upon it. (See S.C. Code § 47-7-130)
(D) Any freeholder or tenant of land, his or her agent or representative, may seize and hold possession of any stock which may be trespassing upon his or her premises, and as compensation for the seizure may demand of the owner of every such horse, mule, ass, jennet, bull, ox, cow, calf, swine, sheep, goat, or other animal not herein named, just damages for injuries sustained. The claim shall, when possible, be laid before the owner of the trespassing stock within 48 hours after seizure of the stock. (See S.C. Code § 47-7-140)
(E) In case the claim shall not be amicably or legally adjusted and the trespassing stock recovered by the owner within 12 hours after the receipt of the notification, the owner shall further become liable in a sum sufficient to cover the maintenance and care of his or her stock up to the time of its removal, but the owner shall be entitled to recover immediate possession of his or her stock on due execution of the bond to cover expenses and claimed damages as any magistrate shall decide to be good and sufficient. (See S.C. Code § 47-7-150)
(F) In any criminal prosecution for violation of the provisions of §§ 55.21 et seq., the defendant may plead, as a matter of defense, the full satisfaction of all reasonable demands of the party or parties aggrieved by the violation, and upon such plea being established and upon payment of all costs accrued up to the time of the plea he or she shall be discharged from further penalty. (See S.C. Code §47-7-170)
(G) Any animal found to be running at large may be captured, confined and/or impounded by an animal control officer and held in an animal shelter for a minimum period of five days. If the animal is not reclaimed by the owner as provided in this chapter, the animal may be humanely euthanized, adopted to a new owner, or sent to a rescue.
(H) Any animal observed by an animal control officer to be running at large and subsequently returning to the owners property when the owner is absent or away from the property may be removed from the owner’s property and impounded if the animal control officer has reasonable cause to believe that the animal is running at large in violation of the provisions of this chapter and the animal will present a danger to itself, persons or other animals or be prejudicial to the safety of the public if the animal is left unrestrained.
(I) In the case of an impoundment of an animal under the provisions of §55.21, the animal control officer shall provide posted written notice upon the property in issue setting forth the date and time of impoundment and the procedures to follow in order to retrieve the owner’s animal.
(J) The Animal Control Supervisor or designee is authorized to hold identifiable animals and dispose of them if the owner fails to claim them. The Animal Control Supervisor or designee must not euthanize any positively identifiable dog or cat until they have notified the owner at his or her last known address by registered mail that officers have the dog or cat in their possession. The owner must notify the animal shelter within two weeks after receipt of the registered letter than the owner will reclaim the dog or cat. If the owner does not reclaim the animal within two weeks of notification, it may be euthanized. Reasonable costs associated with the above extended holding period, including cost of mailing the required notice, must be paid before the dog or cat is returned to its owner, or the owner’s designee, in addition to any other established costs, fines, fees, or other charges.
(Ord. 1009, passed 2-2-09; Am. Ord. 2412, passed 10-15-12; Am. Ord. 3519, passed 9-3-19)