For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONMENT. A situation in which an owner or keeper does not transfer ownership, deserts, forsakes, and intends to give up absolutely an animal without securing another owner or without providing for adequate food, water, shelter, care, or humane disposal of an animal.
ADEQUATE FOOD. Food provided at suitable intervals of quantities of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition to allow for proper growth and weight.
ADEQUATE SHELTER. An enclosed, weatherproof structure that is manufactured or constructed expressly for housing a dog or cat that reasonably may be expected to protect the animal from physical suffering or impairment of health due to exposure to the elements or adverse weather (enclosed structure). The enclosed structure must be free of urine and fecal matter and provide space for the animal to stand, turn, and lay down. It must be accessible to an animal and be of sufficient size and nature so as to provide the animal with adequate protection from the sun, heat, cold, or rain. The enclosed structure must be elevated off the ground of sufficient height to keep water, snow, or ice from entering it. In addition to the enclosed structure, a dog or cat must have access to enough natural or artificial shade to cover the animal between the hours of 11:00 a.m. and 3:00 p.m. from insulation, such as shavings or straw, from November 1 through March 1. Examples of unacceptable shelter include, but are not limited to: underneath or inside motor vehicles, garbage cans, cardboard boxes, plastic or metal barrels, animal transport crates or carriers; or under houses, structures, decks, outside steps or stoops.
ANIMAL. A living vertebrate creature except a homo sapien.
ANIMAL CONTROL OFFICER. A person employed by the county as an enforcement officer for the provisions of this chapter; provided, however that no animal control officer shall have the power or authority to issue an ordinance summons unless commissioned as a code enforcement officer as provided in S.C. Code § 4-9-145, as amended.
ANIMAL HOARDING.
(1) Collecting animals and failing to provide them with humane or adequate care;
(2) Collecting dead animals without proper disposal; or
(3) Collecting, housing, or harboring animals in filthy, unsanitary conditions that constitute a health hazard to the animals being kept or to the animals or residents of adjacent property.
ANIMAL RESCUE GROUP. An unincorporated or nonprofit organization existing for the purpose of prevention of cruelty to animals and whose purpose is to rescue and rehome animals that cannot be adopted by the animal shelter due to medical, behavioral, holding time limits or other reasons as determined by animal shelter personnel as provided in S.C. Code § 47-3-60.
ANIMAL SHELTER. Any premises so designated by County Council for the purpose of impounding or harboring, caring for, adoption or euthanasia of seized, stray, homeless, abandoned or unwanted dogs and cats.
AT LARGE. Any domestic or domesticated animal is deemed to be running “at large” when it is off the property of its owner and not under physical restraint or control of the owner or keeper by means of a leash, cage or other effective device which restrains and controls the animal.
CAT. A domestic feline of either sex, except a free roaming cat.
DANGEROUS ANIMAL.
(1) An animal of the canine family:
(a) Which the owner knows or reasonably should know has a propensity, tendency, or disposition to attack unprovoked, cause injury, or otherwise endanger the safety of human beings or domestic animals.
(b) Which:
1. Makes an unprovoked attack that causes bodily injury to a human being and the attack occurs in a place other than the place where the animal is confined as required by § 55.20;
2. Commits unprovoked acts in a place other than the place where the animal is confined as required by § 55.20 and those acts cause a person to reasonably believe that the animal will attack and cause bodily injury to a human being.
3. Commits more than one unprovoked attack that injures or kills another animal and the attack occurs in a place other than the place where the animal is confined as required by § 55.20.
(c) Which is owned or harbored primarily or in part for the purpose of fighting or which is trained for fighting.
(2) Does not include:
(a) An animal used exclusively for agricultural purposes; or
(b) An animal which attacks a person who is trespassing or who appears to be trespassing. A TRESPASSER is a person who is not lawfully upon the premises of the owner, as set forth in S.C. Code § 47-3-770(A), incorporated herein.
(3) An animal is not a dangerous animal solely by virtue of its breed.
(4) As used herein, INJURY or BODILY INJURY means broken bones, lacerations, punctures of the skin, or any physical injury resulting in death.
DOG. A domestic canine of either sex.
EXPOSURE TO RABIES. The circumstance in which any person or animal has been bitten by or exposed to any animal known or suspected to have been infected with rabies. This determination shall be made by the health department, animal control officer or a licensed veterinarian.
FREE ROAMING CAT. Any friendly or feral cat without an identifiable owner and home. A free roaming cat may receive care from one or more residents in the community who do not claim ownership of the cat.
KEEPER. Any person feeding, harboring, sheltering, having charge of or taking care of any animal for such a period of time as to constitute responsibility for that animal.
LIVESTOCK. Domesticated equine, bovine, sheep, goats, swine, and fowl.
OWNER. A person 18 years or older who:
(1) Has a property interest in an animal;
(2) Keeps or harbors an animal or who has an animal in the person’s care or acts as its custodian;
(3) Permits an animal to remain on or about any premises occupied by the person; or
(4) Provides care, shelter, or nutrition to an animal or group of animals, excepting such care, shelter, or nutrition provided on a temporary basis until such time as an animal control officer or rescue group representative can retrieve the animal/group of animals.
PERSON. An individual, a trust, a firm, a joint stock company, a corporation including a government corporation, a partnership, an association, a municipality, a commission, or a political subdivision of this or another state. (See S.C. Code §47-4-20)
PUBLIC NUISANCE. Any animal chasing vehicles or pedestrians, damaging property other than that of the owner or behaving in a manner which disturbs the rights of, threatens the safety of or injures a member of the general public, carries a communicable disease dangerous to other animals or humans; or has a known history of biting or attacking people or other animals or any person maintaining property that is offensive, annoying or dangerous to the public health, safety or welfare of the community because of the number, type, variety, density or location of the animals on the property.
RESTRAINT. The act of keeping a dog which is under the immediate physical control of a person capable of restraining the animal, by means of a collar and leash, or by passive means of control, such as by a fence, kennel, or other confinement device.
SECURE ENCLOSURE. Any fenced or otherwise enclosed area suitable for properly restraining an animal and for prohibiting that animal from coming into contact with people and/or other animals.
SPAYED FEMALE. Any female dog or cat which has been surgically sterilized by a licensed veterinarian to eliminate reproduction.
STRAY. Any domestic or domesticated animal, except a free roaming cat, found wandering at large or abandoned in the public ways or on the lands of any person other than its owner.
SUSTENANCE. Adequate food provided at suitable intervals of quantities of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition to allow for proper growth and weight. (See S.C. Code § 47-1-10)
TETHER. A chain, rope, leash, cable, or other device that attaches to a single stationary point.
VICIOUS DOG. Any dog evidencing an abnormal inclination to attack persons or animals without provocation. This definition is not mutually exclusive of the definition of DANGEROUS ANIMAL.
WATER. Adequate water provided with constant access to a supply of clean, fresh, and potable water provided in a suitable manner for the species. (See S.C. Code § 47-1-10)
(Ord. 1009, passed 2-2-09; Am. Ord. 2412, passed 10-15-12; Am. Ord. 3519, passed 9-3-19)