§ 6.04.160. Vicious animals (dogs) (S.C. Code 1976, § 47-3-710 et seq., as amended).

A.

It is unlawful for any dangerous animal to be unconfined on the premises of its owner or custodian. A dangerous animal is "unconfined" as used in this section if the animal is not confined securely indoors or confined in a securely enclosed fence or securely enclosed and locked pen or run area upon the animal's owner/custodian'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, including children, and to prevent the escape or release of the animal. However, this section does not apply where an animal, owned by a licensed security company, is on patrol in a confined area.

B.

No person owning or harboring or having the care or custody of a dangerous animal may permit the animal to go beyond his or her premises unless the animal is safely restrained and the requirements of subsection C of this section are met.

C.

A person owning a dangerous animal shall register the animal with Colleton County animal care and control. The designation of animal care and control as the agency to handle this registration process is subject to the continuing approval of the sheriff (S.C. Code 1976, § 47-3-760(E), as amended). Such registration information must include:

1.

Name, address, and phone number of the owner;

2.

Breed, color, sex, weight, and age of the animal;

3.

Address of premises on which the animal is confined;

4.

Description of pen or run area in which animal is confined outdoors.

The registration must be accompanied by proof of liability insurance or surety bond of at least $50,000.00 per incident insuring or securing the owner for personal injuries inflicted by the dangerous animal. Animal care and control shall provide the owner registering the dangerous animal a metal license tag and a certificate. The metal license tag at all times must be attached to a collar or harness worn by the dangerous animal for which the certificate and the license were issued. Animal care and control will provide the sheriff's department with a copy of the registration information as soon as the license and certificate are issued.

D.

A person who violates this section or who is the owner of a dangerous animal which attacks and injures a domestic animal is guilty of a misdemeanor and, upon conviction, for a first offense must be fined a minimum of $200.00 or imprisoned not more than 30 days, and upon conviction of a subsequent offense, must be fined $1,000.00, none of which may be suspended. Each day the violation continues shall be considered a separate offense and shall be prosecuted and judged as a separate offense.

E.

A person who is the owner of a dangerous animal which attacks and injures a human being:

1.

For a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than $5,000.00 or imprisoned not more than three years;

2.

For a second or subsequent offense, is guilty of a felony and, upon conviction, must be fined not more than $10,000.00 or imprisoned not more than five years.

F.

A dangerous animal which attacks a human being or domestic animal must be ordered destroyed when, in the court's judgment, the dangerous animal represents a continued threat of serious harm to human beings and domestic animals. Procedures elsewhere in this chapter and state law for rabies testing shall have precedence over this provision.

G.

A person found guilty of violating this section shall pay all expenses, including, but not limited to, shelter, food, veterinary expenses for boarding and veterinary expenses necessitated by the seizure of an animal for the protection of the public; direct medical treatment and medical follow-up expenses incurred by a victim of an attack from a dangerous animal and those of any county employee incurred as a result of the seizure and handling of the animal; and other expenses required for the destruction of the animal.

H.

Nothing in this section is designed to abrogate any civil remedies available under statutory, common, or other superior law.

(Ord. No. 09-O-09, § 3, 2009; Ord. No. 03-O-01, § 16, 2003)