The text
ARTICLE I. - IN GENERAL#
Footnotes:
--- (1) --- State Law reference— Municipal authority to enact animal care and control ordinances, S.C. Code 1976, § 47-3-20.
Sec. 6-1. - Definitions.#
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Animal means a living vertebrate creature, except a homo sapien.
(Code 1995, § 6.04.010; Code 2006, § 95.01; Ord. of 3-16-1995)
Sec. 6-2. - Animal control/litter officer designated.#
(a)
The superintendent of general services is designated as the animal control/litter officer of the town. His powers and duties shall be as follows:
(1)
To enforce all town ordinances established for animal and litter control;
(2)
To issue fines for violation of those ordinances, only after at least one warning has been issued;
(3)
To issue fines not to exceed those set forth in section 1-14.
(b)
These powers and duties shall be in addition to the regular duties of the office of the superintendent of general services.
(c)
Nothing in this section shall prohibit either the enforcement of these certain ordinances by any and all police officers, nor their active assistance in the enforcement of these laws.
(Code 1995, § 6.04.020; Code 2006, § 95.02)
Sec. 6-3. - Dead animals; disposal.#
It is unlawful for any person who has possession, ownership or custody of any animal that may die from any natural cause or other cause to permit the dead animal to remain within the town for a longer period than may be necessary under the circumstances to remove the dead animal and under no condition longer than 24 hours. Any dead animals not so removed within 24 hours shall be removed by the health officer at the expense of the person in whose possession the animal died.
(Code 1995, § 6.04.040; Code 2006, § 95.04)
Sec. 6-4. - Resisting or hindering health officer or police.#
It is unlawful for any person in the town to resist, hinder or oppose the health officer or any police officer of the town or any other person acting under their authority in the performance of any of the duties imposed upon them by this chapter.
(Code 1995, § 6.04.050; Code 2006, § 95.05)
Sec. 6-5. - Domestic animals and fowl at large prohibited.#
It is unlawful for any person to allow any domestic animal or fowl to run at large on the streets or in public places in the town.
(Code 1995, § 6.04.070; Code 2006, § 95.07)
Sec. 6-6. - Powers of police.#
Any police officer of the town shall have power within his discretion to take up and confine or destroy any dog or cat which he may have reason to believe is rabid, badly maimed or in violation of other sections of this chapter.
(Code 1995, § 6.04.080; Code 2006, § 95.08)
Sec. 6-7. - Tampering with animal traps unlawful.#
It is unlawful for any unauthorized individual to release an impounded animal from any animal trap placed by the town. A violation of this section shall be punishable as set forth in section 1-14. Each violation shall constitute a separate offense.
(Code 1995, § 6.04.090; Code 2006, § 95.09)
Sec. 6-8. - Interfering with animal control officials.#
It is unlawful for any person to interfere with or hinder any town employee engaged in animal control duties or to release any animal in his custody without his consent. Any violation of this section shall be punishable as set forth in section 1-14.
(Code 1995, § 6.04.110; Code 2006, § 95.11)
Sec. 6-9. - Nuisance animals.#
(a)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Animal control officer means any person so appointed by the town administrator, or who is commissioned to perform animal control duties under the laws of the town, county or state.
Dangerous animal means: (1)
An animal of the canine or feline 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 S.C. Code 1976, § 47-3-720; or
2.
Commits unprovoked acts in a place other than the place where the animal is confined as required by S.C. Code 1976, § 47-3-720, and those acts cause a person to reasonably believe that the animal will attack and cause bodily injury to a human being;
c.
Which is owned or harbored primarily or in part for the purpose of fighting or which is trained for fighting.
(2)
The term "dangerous animal" 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 1976, § 47-3-770(A).
(3)
An animal is not a dangerous animal solely by virtue of its breed or species.
Nuisance animal means any animal which: (1)
Is a dangerous animal;
(2)
Molests or attacks passerby or passing vehicles;
(3)
Is repeatedly at large;
(4)
Damages public or private property;
(5)
Creates unsanitary conditions that are not immediately cleaned or corrected by the owner; or
(6)
Barks, whines, howls, screeches or makes any other sound which endangers or injures the health of humans or disturbs a reasonable person of normal sensitivities.
Owner means any person or other entity owning, keeping or harboring any animal.
(b)
Control of animals.
(1)
Generally. Every owner of an animal shall exercise proper care and control of his animals and shall prevent them from becoming nuisance animals.
(2)
Unsanitary conditions. Every owner of an animal shall ensure that unsanitary conditions caused by his animal are immediately cleaned or corrected so as not to cause health hazards, safety problems or odors.
(3)
Control of nuisance animals. Every nuisance animal, as determined by the animal control officer, municipal judge, magistrate or other authority, shall be confined by the owner within a building or secure enclosure and shall be securely leashed, muzzled or caged whenever off the premises of its owner.
(c)
Impoundment of nuisance animals.
(1)
Nuisance animals at large. Any nuisance animal at large may be seized by an animal control officer and transported to the Jasper Animal Rescue Mission and there confined in a humane manner for a period of not less than three days and may thereafter be disposed of.
(2)
Nuisance animals on private property. An animal control officer may enter onto an owner's premises or other private property for the purpose of seizing a nuisance animal and transporting it to the Jasper Animal Rescue Mission where the nuisance animal shall be confined in a humane manner for a period of not less than three days and may thereafter be disposed of in a humane manner if not claimed by the owner; provided, however, that this section shall not authorize the entry into a dwelling house or business establishment for the purpose of seizing a nuisance animal without the consent of the owner or a lawful warrant.
(3)
Interference with animal control officer. No person shall interfere with or hinder an animal control officer or any such agent of the town, county or state in the performance of his duty; or seek the release of animals in the custody of the animal control officer or any such agent of the town, county or state.
(d)
Redemption of impounded nuisance animals.
(1)
Reclamation procedure. The owner of any nuisance animal impounded under the provisions of subsection (c) of this section shall be entitled to resume possession of any impounded nuisance animal by appearing in person at the Jasper Animal Rescue Mission and by presenting proof of ownership, rabies vaccination, town license and payment of impoundment and boarding fees as set forth herein.
(2)
Notice to owner, if known. If the owner of any nuisance animal impounded under the provisions of subsection (c) of this section can be identified by a license tag on the nuisance animal, the animal control officer shall notify the owner within 24 hours of its impoundment.
(3)
Notice where owner is unknown. For impounded nuisance animals whose owner cannot be determined, the animal control officer shall take a photograph of the nuisance animal and prepare a written description of the nuisance animal, including the time and location of capture, and post the information on the bulletin board at the town hall. After posting the information, the nuisance animal shall be taken to the Jasper Animal Rescue Mission.
(4)
Reclamation and boarding fees. The owner may reclaim the nuisance animal upon payment of any boarding fees and costs charged by the Jasper Animal Rescue Mission.
(5)
Proof of rabies vaccination and license. In addition to payment of the fees as set forth above, the owner must also provide the Jasper Animal Rescue Mission with a current and valid rabies certificate and a current and valid town license for the animal.
(e)
Violations; civil suit authorized.
(1)
In addition to the payment of impoundment and boarding fees, if any, any person convicted of violating the provisions of this section shall be guilty of a misdemeanor and subject to punishment as set forth in section 1-14, plus court costs.
(2)
The town is authorized to bring civil proceedings for injunctive or other relief to abate violations of this section.
(Code 2006, § 95.12; Ord. No. 00-05, 4-20-2000)
Sec. 6-10. - Animal waste.#
It is unlawful for an owner of an animal to fail to remove fecal matter deposited by the animal on public playgrounds, lawn areas and sidewalks, parks or other property not belonging to the owner before the owner leaves the immediate area where the fecal matter was deposited.
(Ord. No. 0005-2015, § 95.13, 8-6-2015)
Secs. 6-11—6-38. - Reserved.#
ARTICLE II. - DOGS AND CATS#
Sec. 6-39. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
At large means off the premises of the owner and not under the control of the owner or a member of his immediate family either by leash, cord, chain or direct supervision.
Dog and cat are intended to mean both male and female.
Owner means any person, firm, association or corporation owning, keeping or harboring a dog.
(Code 1995, § 6.08.010; Code 2006, § 95.25; Ord. of 3-16-1995)
Sec. 6-40. - Impounding.#
The superintendent of general services is authorized to apprehend any dog or cat found running at large and to impound the dog or cat at the Jasper Animal Rescue Mission, as long as those facilities are made available to the town. The superintendent of general services, upon receiving any dog or cat, shall make a complete registry, entering the breed, color, and sex of the dog or cat.
(Code 1995, § 6.08.050; Code 2006, § 95.29; Ord. of 3-16-1995)
Sec. 6-41. - Rabies; notice.#
(a)
If a dog or cat is believed to have rabies or has been bitten by a dog or cat suspected of having rabies, the dog or cat shall be confined by a leash or chain on the owner's premises and shall be placed under the observation of a veterinarian at the expense of the owner for a period of two weeks. The owner shall notify the state department of health and environmental control of the fact that his dog or cat has been exposed to rabies, and, at his discretion, the health officer is empowered to have the dog or cat removed from the owner's premises to a veterinary hospital and placed under observation for a period of two weeks at the expense of the owner.
(b)
It is unlawful for any person knowing or suspecting a dog or cat has rabies to allow the dog or cat to be taken off his premises or beyond the limits of the town without the written permission of state department of health and environmental control. Every owner or other person, upon ascertaining a dog or cat is rabid, shall immediately notify the state department of health and environmental control.
(Code 1995, § 6.08.090; Code 2006, § 95.33; Ord. of 3-16-1995)
Sec. 6-42. - Unauthorized removal of tags.#
Except as otherwise provided, it is unlawful for any person to remove from the collar of a dog or cat the metal tags or badges thereto attached and which were issued by a duly licensed veterinarian.
(Code 1995, § 6.08.110; Code 2006, § 95.35; Ord. of 3-16-1995)
Sec. 6-43. - Animal care and mistreatment.#
(a)
No person shall mistreat an animal in any way. It is unlawful for any person to inflict unnecessary or needless cruelty, torture, abuse or cruelly beat, strike or abuse any animal, or by an act or omission or neglect cause or inflict any unnecessary or unjustifiable pain, suffering, injury, or death to any animal whether such animal belongs to such person or to another, except that reasonable force may be employed to drive away vicious or trespassing animals. Keeping an animal in an unhealthy environment or under unhealthy conditions as deemed such by the animal control officer shall constitute mistreatment and unlawful hereunder. Any unwanted animals should be delivered to the humane society for proper disposal.
(b)
It shall also be unlawful for any person in charge of any animal to fail, refuse or neglect to provide such animal with sufficient food, potable water, shade or proper and healthy shelter and protection, veterinary care, or to cruelly or unnecessarily expose any such animal in hot, stormy, cold, or inclement weather, or to carry any such animal in or upon any vehicle in a cruel or inhumane manner.
(c)
No person shall restrain a dog by tethering the dog:
(1)
Unattended between the hours of 10:00 p.m. and 6:00 a.m.;
(2)
Unattended by a tether less than ten feet in length or less than four times the length of the dog's body from tip of the nose to the base of the tail, whichever is greater;
(3)
To a pulley, running line or trolley system that is less than 15 feet in length and/or more than seven feet above ground;
(4)
By a tether the length of which allows the dog to cross the property line of the property on which it is tethered;
(5)
Using a logging chain, tow chain, or other tether that weighs more than one-eighth of the dog's body weight or which causes injury to the dog;
(6)
By attaching a tether that does not have workable swivels on both ends to prevent twisting and tangling;
(7)
By attaching the tether to the dog by a collar that is of a material not designed as a dog collar, that is ill-fitting, or by means of a choke, pinch, or prong collar; or
(8)
In an area likely to cause injury or pain to the dog because of entanglement or because of surrounding structures.
(d)
No person shall leave a dog outside unattended during extreme weather.
(e)
No person shall keep animals in confinement that is too small either for the animal's size or for the number of animals.
(f)
No person shall leave or confine an animal in any unattended motor vehicle under such conditions that would endanger the health or well-being of the animal due to heat, cold, lack of adequate ventilation, lack of food and water, or any other circumstance that could reasonably be expected to cause suffering, disability, or death to the animal. Partially open windows are not considered adequate ventilation.
(Ord. No. 10-2022, Exh. A, 11-17-2022)
Sec. 6-44. - Animal care and shelter generally.#
An owner or caretaker of a dog who allows the dog to spend more than eight hours in a 24-hour period outside must provide the dog an outdoor facility that meets the following specifications: (1)
Outdoor facilities for dogs shall include one or more shelters that are accessible to each dog and one or more separate outside areas of shade that is large enough to contain all the dogs at one time to protect them from the direct rays of the sun. Outdoor facilities shall be kept neat and free of clutter, including equipment, furniture and stored materials as well as accumulated trash, waste, junk, weeds and other discarded materials.
(2)
Outdoor shelters shall comply with the following:
a.
Include a roof, four sides and a floor;
b.
Be of sufficient size to allow each dog in the outdoor facility to sit, stand, lie in the fully stretched position, and to turn about freely;
c.
Provide an environment that will protect from the elements when the ambient temperature is below 50 degrees Fahrenheit or below ten degrees Celsius;
d.
Be constructed of materials that are impervious to moisture and easily cleaned and sanitized;
e.
Be structurally sound and kept in good repair, with no missing boards, jagged edges or excessive rust;
f.
Be cleaned weekly on all hard surfaces with which the dogs come into contact;
g.
Be free of accumulated trash, waste, junk, weeds and other discarded materials; and
h.
Crates or barrels are not acceptable outdoor shelters, and carports are not acceptable as the sole means of shelter available to the dog.
(3)
All outdoor areas to which a dog has access shall be kept clean and free of fecal matter and all other trash and waste.
(Ord. No. 01-2023, Exh. A, 1-5-2023)
Secs. 6-45—6-72. - Reserved.#
ARTICLE III. - LIVESTOCK#
Sec. 6-73. - Running at large prohibited.#
It is unlawful for any person, either the owner or one in possession thereof, to allow horses, mules, cows, cattle, hogs, goats or other livestock to run at large upon either the public or private property of any other person.
(Code 1995, § 6.12.010; Code 2006, § 95.50)
Sec. 6-74. - Slaughterhouses and the like prohibited.#
No person, firm, corporation or copartnership shall be licensed or allowed to establish, in any manner or form, any butcher pen, slaughterhouse or abattoir within the corporate limits of the town.
(Code 1995, § 6.12.080; Code 2006, § 95.57)
Secs. 6-75—6-91. - Reserved.#
ARTICLE IV. - BIRD SANCTUARY#
Sec. 6-92. - Establishment.#
The entire area embraced within the corporate limits of the town is designated as a bird sanctuary.
(Code 1995, § 6.16.010; Code 2006, § 95.70)
Sec. 6-93. - Unlawful interference with birds.#
Subject to section 6-94, it is unlawful to trap, hunt, shoot or attempt to shoot, or molest in any way any bird or wild fowl or to rob nests or wild fowl nests.
(Code 1995, § 6.16.020; Code 2006, § 95.71)
Sec. 6-94. - Birds constituting a nuisance.#
If starlings or similar birds are found to be congregating in such numbers in a particular locality that they constitute a menace to health or property, in the opinion of the county board of health, then the health authorities shall meet with representatives of the Audubon Society, bird club, garden club or humane society, or as many of the clubs as are found to exist in the town after at least three days' actual notice of the time and place of the meeting has been given to the representatives of the clubs. If no satisfactory cause of action is found to abate the nuisance at the meeting, the birds may be destroyed in such numbers and in such manner as is deemed advisable by the health authorities under the supervision of the chief of police.
(Code 1995, § 6.16.030; Code 2006, § 95.72)