Title 6 HEALTH AND SANITATION
Chapter 6.12 ANIMALS
Article I General Provisions
6.12.010 Definitions.
6.12.020 Penalties.
6.12.030 Cruelty to animals.
6.12.040 Dead animals--Disposal.
6.12.050 Resisting or hindering community services officer or police officer.
6.12.060 Excessive number of dogs and cats deemed nuisance.
6.12.070 Nuisance penalty.
6.12.080 Slaughterhouses prohibited.
6.12.090 Running at large prohibited.
6.12.100 Impounding.
6.12.110 Keeping swine or hogs prohibited.
6.12.120 Notice of impounding.
6.12.130 Disposal of impounded animals.
6.12.140 Recovery of impounded animals.
Article II Dogs
6.12.150 Definitions.
6.12.160 Inoculation required.
6.12.170 Inoculation tags.
6.12.180 Rabies, duty of owner to report.
6.12.190 Same--Power and duties of community services officer.
6.12.200 Impoundment, notice of owners, release and disposition of impounded dogs.
6.12.205 Confinement and restraint of vicious dog.
6.12.210 Unlawful acts.
6.12.220 Penalties for violations.
Article III Bird Sanctuary
6.12.230 Bird sanctuary designated.
6.12.240 Unlawful acts defined.
6.12.250 Disposal of birds that constitute a nuisance.
6.12.260 Penalty.
Article I General Provisions
6.12.010 Definitions.
(1) “Animals” means and includes all brute creatures and
domestic pets.
(2) “Dog” means and includes all members of the
canine family four months or more of age, including foxed and other canines.
(Ord. O-10-96 § 2 (part), 1996)
6.12.020 Penalties.
Except as otherwise provided in this chapter, the violation of any
provision of this chapter shall be a misdemeanor and, upon conviction thereof,
shall be in accordance with Section 1.12.510 of this code. (Ord. O-10-96 §
2 (part), 1996)
6.12.030 Cruelty to animals.
It is unlawful for any person to inflict unnecessary cruelty upon any
animal, or to ride, drive or work it when sick or unfit for work, to override,
overwork, overload, ride when overworked, torture, torment, or to beat or whip
cruelly any animal; and it is unlawful for any such person, business, firm,
organization or corporation owning or having charge of any animal to fail to
provide it with proper food, drink, shelter or protection from the weather.
(Ord. O-10-96 § 2 (part), 1996)
6.12.040 Dead animals--Disposal.
It is unlawful for any person, business, firm, organization or corporation
who has possession, ownership or custody of any animal that may die within the
city to permit such dead animal to remain within the city for a longer period
than may be necessary under the circumstances to remove the dead animal, and
under no condition longer than twenty-four hours. Any dead animal not so removed
shall be removed by the community services officer at the expense of the person,
business, firm, organization or corporation in whose possession the animal died.
(Ord. O-10-96 § 2 (part), 1996)
6.12.050 Resisting or hindering community services officer or police officer.
It is unlawful for any person, business, firm, organization or corporation
in the city to resist, hinder or oppose the community services officer or any
police officer of the city or any other person, business, firm, organization or
corporation acting under their authority in the performance of any of the duties
imposed upon them by this chapter. (Ord. O-10-96 § 2 (part),
1996)
6.12.060 Excessive number of dogs and cats deemed nuisance.
It shall be a nuisance to keep more than four dogs or more than four cats,
or a total of four dogs and cats on the premises of any real estate lot of less
than one acre in size. This provision shall not apply to a veterinarian or
boarding establishment for animals, provided such person or business entity is
in compliance with all licensing and zoning laws. Any person, business, firm,
organization or corporation harboring or maintaining custody or control over
dogs or cats in violation of this section shall be guilty of a misdemeanor. Each
day of a continuing violation of this section shall be deemed as a separate
violation. (Ord. O-10-96 § 2 (part), 1996)
6.12.070 Nuisance penalty.
Any fowl, bird or animal which shall by sound, odor or sight materially
interfere with or affect the comfort, peace or quiet of the people is declared
to be a nuisance. Any person, business, firm, organization or corporation
harboring, possessing, owning, or having in custody or control any such fowl,
bird or animal, who shall fail or refuse to take whatever action is necessary to
abate the nuisance within forty-eight hours after receipt of a written request
to do so by the community service officer, shall be guilty of a misdemeanor
punishable to the maximum extent permissible under state law for municipal
ordinance violations. (Ord. O-10-96 § 2 (part), 1996)
6.12.080 Slaughterhouses prohibited.
No person, business, firm, organization or corporation shall be licensed
or allowed to establish, in any manner or form, any butcher pen, slaughterhouse,
or abattoir within the corporate limits of the city. A violation hereof shall be
a misdemeanor punishable to the maximum extent permissible under state law for
municipal ordinance violations. (Ord. O-10-96 § 2 (part), 1996)
6.12.090 Running at large prohibited.
It is unlawful for any person, business, firm, organization or
corporation, either the owner or possessor thereof, to allow horses, mules,
cattle, hogs, goats or other stock to run at large within the city upon either
public property or the property of any other person, business, firm,
organization or corporation. (Ord. O-10-96 § 2 (part), 1996)
6.12.100 Impounding.
It shall be the duty of the community service officer or his designee to
capture and impound any animal found running at large, as defined in Section
6.12.090. (Ord. O-10-96 § 2 (part), 1996)
6.12.110 Keeping swine or hogs prohibited.
It is unlawful for any person, business, firm, organization or corporation
to keep any kind of hog, pig, midget pig, pot-bellied pig, shoat, or other
swine, regardless of whether domesticated or house-trained, on any lot or
premises situated within the corporate limits of the city; provided, that this
section shall not apply to licensed brokers or dealers keeping such animals for
immediate sale. (Ord. O-10-96 § 2 (part), 1996)
6.12.120 Notice of impounding.
It shall be the duty of the community services, officer, immediately after
impounding any animals found running at large, to make a diligent effort to
determine the ownership of any animal impounded in accordance with the
procedures for the impoundment of dogs. (Ord. O-10-96 § 2 (part),
1996)
6.12.130 Disposal of impounded animals.
Any impounded animal will be disposed of in the same manner as in Article
II of this chapter. (Ord. O-10-96 § 2 (part), 1996)
6.12.140 Recovery of impounded animals.
The owner of any animal impounded under the preceding sections of this
chapter may redeem such animal under the same terms and conditions of Section
6.12.200 of this code. (Ord. O-10-96 § 2 (part), 1996)
Article II Dogs
6.12.150 Definitions.
Unless otherwise hereinafter provided, the following terms shall have the
following definitions wherever used in any section of this
article:
(1) “Animal shelter” means any premises designated by
city council for the purpose of impounding, care or destruction of dogs held
pursuant to this article.
(2) “Kennel” means any facility
wherein a person, business, firm, organization or corporation harbors, raises,
or breeds dogs for sale or hire or any other business
purpose.
(3) “Dog” means all members of the canine family, four
months or more of age, including foxes or other
canines.
(4) “Euthanize” means to put to death in a humane
manner.
(5) “Humane society” means South Carolina Society for
the Prevention of Cruelty to Animals.
(6) “Impound” means to
confine in a humane manner, including, but not limited to, providing sufficient
and nourishing food, warm and well-ventilated shelter, and medical
attention.
(7) “Owner” or “keeper” means any person,
business, firm, organization or corporation who (i) has a right of property in a
dog; (ii) keeps or harbors a dog or has it in his care or acts as its custodian
for ten days or more; or (iii) permits a dog to remain on or about any premises
occupied by him.
(8) “Running at large” means being 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.
(9) “Stray dog” means a dog running at large which has
no identifiable owner.
(10) “Vicious dog” means any dog
evidencing an abnormal inclination to attack persons or animals without
provocation.
(11) “Under restraint” means a dog shall be deemed
“under restraint” if it is on the premises of its owner or keeper or
is accompanied by its owner or keeper and under the physical control of such
owner or keeper by means of a leash or other similar restraining device, or
under the active control of the owner or trainer while hunting or being trained,
and while on the property of the owner or with the property owner’s
permission. (Ord. O-10-96 § 2 (part), 1996)
6.12.160 Inoculation required.
It is unlawful for any person, business, firm, organization or corporation
to own, harbor, maintain or possess within the city any dog that has not been
inoculated against rabies within the preceding twelve months by a duly licensed
veterinarian or other person, business, firm, organization or corporation
authorized to administer the vaccine; provided that this section shall not apply
to dogs less than four months old. (Ord. O-10-96 § 2 (part),
1996)
6.12.170 Inoculation tags.
It shall be the duty of each person, business, firm, organization or
corporation having a dog inoculated against rabies to obtain from the person
administering the vaccine, at the time of inoculation, a metal badge or tag, so
prepared as to be capable of being attached to the collar of the dog, showing
that the dog has been inoculated against rabies and the year of such
inoculation. This badge or tag shall be attached to the collar of the dog so
inoculated at all times. Failure to attach and maintain the badge or tag to the
collar of the dog shall be deemed a violation of this code and shall subject the
owner, on conviction to fine and/or imprisonment to the maximum extent
permissible by state law for municipal ordinance violations. (Ord. O-10-96
§ 2 (part), 1996)
6.12.180 Rabies, duty of owner to report.
It shall be the duty of any person, business, firm, organization or
corporation owning or having in his possession any dog within the city which
develops any symptoms of or is suspected of having rabies to immediately notify
the community services officer, to immediately and securely confine the dog in
such manner that there will be no opportunity for it to come in contact with any
other animal or person and to keep such dog so confined and segregated until
notified by the community services officer that it can be again set at liberty
or until some other disposition is made of the dog by the community services
officer. (Ord. O-10-96 § 2 (part), 1996)
6.12.190 Same--Power and duties of community services officer.
(a) It shall be the duty of the community services officer, upon receiving
information that any dog in the city is suspected of having rabies or that any
dog in the city has been bitten or injured by any other dog, to immediately make
an inspection of such dog and give the owner thereof, or the person, business,
firm, organization or corporation having such dog in his possession, directions
as to the care and treatment of the dog. In any case in which the community
services officer determines that any dog which he has inspected has rabies, and
in any case in which he shall determine that such dog exhibits symptoms of
rabies, he shall have the authority, and it shall be his duty, to immediately
destroy such dog or have it destroyed.
(b) It shall be the duty of the
community services officer and he shall have the authority to immediately
destroy or have destroyed any dog in the city which has been bitten or injured
by any other dog which has been found or is reasonably believed to be afflicted
with rabies or has exhibited symptoms thereof.
(c) Nothing contained in this
section shall be taken as abridging or limiting the power of all members of the
police department under existing law to destroy on sight any dog in the city
exhibiting symptoms of rabies. (Ord. O-10-96 § 2 (part), 1996)
6.12.200 Impoundment, notice of owners, release and disposition of impounded dogs.
(a) Picking Up Stray and Vicious Dogs. The community services officer or
his delegates shall have authority to seize all dogs within the city not wearing
a current and proper registration tag, running at large, stray and vicious dogs
and take such dogs to a designated place of impoundment. Any person, business,
firm, organization or corporation on whose property a stray or vicious dog or
dog running at large is found may seize such dog and deliver it to the
designated animal shelter for impoundment. The officer, at his discretion, may
issue to the known owner of such animal a notice of ordinance violation in lieu
of impoundment of a dog found running at large.
(b) Impoundment, Notice to
Owners. Dogs impounded pursuant to this article shall be kept at a designated
animal shelter for a period of three business days. Upon impoundment of such an
animal, the community services officer shall exercise due diligence to ascertain
the owner of such animal and if such is discovered, the officer shall notify him
of the terms for the animal’s release.
(c) Release of Impounded Dogs.
An owner shall obtain a release of his impounded dog upon payment of an
impoundment fee per dog, per owner, as listed in the fee schedule below and a
boarding fee as hereinafter provided and by obtaining the necessary license and
registration tag, if they have not been previously obtained.
(d) Schedule of
Fees. The following fees are imposed on the effective date of the ordinance in
this title on violations occurring within a one-calendar year period:
|
1st offense
|
$35.00 plus
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$5.00/ day kennel fee
|
|
2nd offense
|
40.00 plus
|
5.00/ day kennel fee
|
|
3rd offense
|
50.00 plus
|
5.00/ day kennel fee
|
|
4th offense
|
60.00 plus
|
5.00/ day kennel fee
|
|
5th offense
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200.00 plus
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5.00/day kennel fee
|
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6th and subsequent offense
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500.00 plus
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5.00/ day kennel fee
|
City council may amend this schedule from time to time by resolution
duly passed by council which shall thereafter become the fee schedule set forth
in this subsection.
(e) Period of Impoundment and Disposition of Unclaimed
Dog. A dog without an identifiable owner which remains unclaimed after three
business days may be disposed of humanely or offered for adoption in a suitable
home as such dog will be deemed abandoned by the owner. (Ord. O-10-96 § 2
(part), 1996)
6.12.205 Confinement and restraint of vicious dog.
(a) Every owner or person having custody or possession of a vicious type
of dog shall:
(1) Keep such dog confined within a fenced enclosure with such
fence having the bottom attached to concrete or installed in such a way that a
dog cannot escape by crawling under the fence. The fence shall be at least six
feet in height; or in the alternative;
(2) Keep such dog tied to a chain or
rope securely fastened to a post, stake or wall in a manner that will not allow
the dog to bite or touch any person or child who is lawfully upon the premises
where such dog is tied; or in the alternative
(3) Keep such dog securely
tied to a leash controlled by the owner or person having custody of the
dog.
(b) For the purpose of this section a “vicious type of dog”
shall be a breed of dog known as a rottweiler, doberman pinscher, pit bull or
chow or any dog which looks like a rottweiler, doberman pinscher, pit bull or
chow or any dog which demonstrates a threatening behavior or has bitten any
person.
(c) Any person convicted of violating this section, pleads guilty or
nolo contendere, or forfeits bond for an offense charged under this section
shall be fined up to five hundred dollars or imprisoned up to thirty days, or
both. (Ord. O-07-99 §§ 1--3)
6.12.210 Unlawful acts.
It is unlawful for any dog owner or other keeper of a dog
to:
(1) Allow his dog to run at large off property owned, rented, or
controlled by him;
(2) Keep a vicious dog, unless restrained by a fence,
chain, or other means so that such dog cannot reach persons not on land owned,
leased or controlled by him;
(3) Release or take out of impoundment without
proper authority any dog;
(4) Resist the community services officer of his
designee engaging in the capture and impoundment of a dog;
(5) Remove the
rabies tag from the dog for which the tag was issued;
(6) Keep a dog which
howls or barks to such an extent as to interfere materially with or affect the
health, comfort, peace or quiet of the people;
(7) Permit a dog to molest
other dogs or pets;
(8) Permit a dog to damage or destroy flowers,
ornamental shrubs or property of others;
(9) Allow a dog to become diseased
or mangy. (Ord. O-10-96 § 2 (part), 1996)
6.12.220 Penalties for violations.
Whenever the community services officer, or his designee, finds any dog to
be in violation of any of the provisions of this article, he shall give written
notice to the person, business, firm, organization or corporation owner,
harboring, possessing, or having custody or control of the dog, to take whatever
action necessary to correct the violation including, but not limited to, the
removal of the dog from the city. Any person, business, firm, organization or
corporation who fails to comply with such notice within forty-eight hours or
receipt, shall be guilty of a misdemeanor, and upon conviction, may be fined
and/or imprisoned to the maximum extent permissible under state law for
municipal ordinance violations. Each day of violation thereafter shall
constitute a separate offense. (Ord. O-10-96 § 2 (part), 1996)
Article III Bird Sanctuary
6.12.230 Bird sanctuary designated.
All that area within the city limits of the city of Travelers Rest is
designated as a bird sanctuary and it is unlawful for any person, business,
firm, organization or corporation to trap, hunt, molest or attempt to molest in
any manner any bird or wild fowl or to molest any bird’s nests or wild
fowl’s nests within such sanctuary, except as provided herein or by state
or federal law. (Ord. O-10-96 § 2 (part), 1996)
6.12.240 Unlawful acts defined.
Except as provided by Sections 50-11-2450 and 55-11-2460 of the South
Carolina Code, 1976:
(1) No person, business, firm, organization or
corporation within the city limits shall catch or have in his possession, living
or dead, any resident or migratory wild bird, other than a game bird, or
purchase, offer or expose for sale any such nongame wild bird after it has been
killed or caught.
(2) No part of the plumage, skin or body of any bird
protected by this article shall be sold or had in possession for sale within the
city limits, irrespective or whether such bird was killed or captured within or
without the city limits.
(3) No person, business, firm, organization or
corporation within the city limits shall take or destroy, or attempt to take or
destroy, the eggs or nest of any wild bird protected hereunder, or have such
nest of eggs in his possession.
(4) It is unlawful for any person, firm or
corporation acting as a common carrier, its officers, agents or servants, to
ship, carry, take or transport, either within or beyond the confines of the
city, any birds, protected by this article. (Ord. O-10-96 § 2 (part),
1996)
6.12.250 Disposal of birds that constitute a nuisance.
The provisions of this article notwithstanding, in the event pigeons,
starlings or other birds of the pest class shall congregate or begin to
constitute a nuisance within the city limits, then, the birds may be disposed of
in whatever manner is deemed necessary and in accordance with applicable state
and federal law. (Ord. O-10-96 § 2 (part), 1996)
6.12.260 Penalty.
Any person, business, firm, organization or corporation convicted of
violating the provisions hereof shall be subject to fine and/or imprisonment to
the maximum extent permissible under state law for violations of a municipal
ordinance. (Ord. O-10-96 § 2 (part), 1996)
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