The text
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)