§ 3-1. 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. Any nonhuman living creature.

Animal control officer. The person, office, or designee, other than sworn law enforcement officers, designated by the city to enforce this chapter.

Animal shelter. Any premises designated by the city's governing body for the purpose of impounding, care or disposal of dogs or cats held pursuant to this chapter.

Animal fighting. An attack with violence by an animal against another animal or human.

At large. Any animal off the premises of the owner or keeper and not under physical control of the owner or keeper by means of a leash or other similar retrieving device.

Baiting. To provoke or harass an animal with one or more animals with the purpose of training an animal for, or to cause an animal to engage in fights with or among other animals or between animals and humans.

Cruelty. Knowingly or intentionally overloading, overdriving, overworking, ill-treating any animal; infliction unnecessary pain or suffering on any animal.

Dangerous dog. An animal of the canine family:

(a)

Which the owner knows or reasonably should know has a propensity, tendency or disposition to act unprovoked, cause injury or endanger the safety of humans or domestic animals; or

(b)

Which makes an unprovoked attack that causes bodily injury to a human and the attack occurs in a place other than where the animal is confined; or

(c)

Which is owned or harbored primarily or in part for the purpose of fighting or which is trained for fighting.

An animal is not a "dangerous" animal solely by the virtue of its breed or species.

Euthanize. The act of euthanasia.

Euthanasia. The act of putting an animal to death in a humane manner, pursuant to any applicable state law or regulation.

Exotic pets. Reptiles or large birds.

Kennel. Any facility wherein a person, business entity or organization regularly keeps six (6) or more dogs or other animals for any purpose and receives compensation or barter for the service or for the sale of animal, or an owner or keeper of four (4) or more dogs over four (4) months of age.

Mistreatment of animals. A failure, whether intentional or not, to provide veterinary care or wholesome and adequate food, water and appropriate shelter, kept free of waste and debris and which provides protection from harsh weather. Mistreatment shall also include any restraint of an animal which causes injury, or any action to override, overload or cruelly torment, injure or beat any animal. Mistreatment shall also include poisoning, whether intentionally or negligently. Mistreatment shall include maintaining animals in an environment of unsanitary conditions which results in offensive odors or is dangerous to the animal or to the public health, welfare or safety. Mistreatment shall include maintaining property in a manner 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 or maintaining an animal that is diseased and dangerous to the public health.

Necessities of life. Adequate access to a supply or clean, fresh and potable water; provision at suitable intervals of quantities of wholesome foodstuff suitable for the species and age; and shelter that reasonable may be expected to protect the animal from physical suffering or impairment of health due to exposure to the elements or adverse weather.

Neglect. Failure by an owner or responsible person to provide the necessities of life for an animal.

Nuisance animal. Any animal whose conduct as permitted by the owner or keeper which disturbs the rights if, threatens the safety of or damage a member of the general public, or interferes with the ordinary use and enjoyment of their property, with such intensity or duration so as to constitute a continuing injury, annoyance, inconvenience or discomfort to the public health, safety and welfare. Frequency of conduct may be a factor in determining nuisance; however, one incident may be sufficient to declare an animal to be nuisance animal if the officer deems necessary.

Overloading. Failure by an owner or responsible person to provide:

(a)

Adequate space for exercise necessary for the health of the animal. Inadequate space may be indicated by evidence of debility, stress or abnormal behavior patterns.

(b)

Air temperature suitable for the health of the animal.

(c)

Adequate ventilation.

(d)

Regular diurnal lighting cycles of either natural of artificial light.

(e)

An area kept reasonably clean from excess waste or other contaminants that could affect the animal's health.

Owner. Corporation, association or other responsible person who knowingly allows animals to stay at their place of residence.

Restraint. An animal on the premises of its owner or keeper or if accompanied by its owner or keeper and under the physical control of the owner or keeper by means of a leash or other similar restraining device.

Dangerous dogs as defined must be confined securely indoors in a securely enclosed fence or securely enclosed and locked pen or run area upon the owner's premises. The pen or run area must be clearly marked as containing a dangerous animal and must be designed to prevent the entry of the general public and to prevent the escape or release of the animal.

(Ord. of 7-20-06)

State law reference

Domestic animals not to be permitted at large, S.C. Code 1976, § 47-7-110; seizure, sale of strays, S.C. Code 1976, § 47-7-20.

Cross reference

Definitions and rules of construction generally, § 1-2.