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 $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 200.00 plus 5.00/day kennel fee
6th and subsequent offense 500.00 plus 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)