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Current
through the end of the 2003 Regular Session
Title 47 -
Animals, Livestock and Poultry
CHAPTER 1.
CRUELTY TO ANIMALS
SECTION 47-1-10.
Definitions.
As
used in this chapter:
(1)
"Animal" or "animals" shall be held to include all living vertebrate
creatures except homo sapiens.
(2)
"Sustenance" means adequate food provided at suitable intervals of
quantities of wholesome foodstuff suitable for the species and age,
sufficient to maintain a reasonable level of nutrition to allow for proper
growth and weight and adequate water provided with constant access to a
supply of clean, fresh, and potable water provided in a suitable manner for
the species.
(3)
"Shelter" means shelter that reasonably may be expected to protect the
animal from physical suffering or impairment of health due to exposure to
the elements or adverse weather.
SECTION 47-1-20.
Acts of agents imputed to corporations.
The
knowledge and acts of agents and persons employed by corporations in regard
to animals transported, owned or employed by or in the custody of such
corporations shall be held to be the acts and knowledge of such
corporations.
SECTION 47-1-30.
[En 1962 Code Section 6-3; 1952 Code Section 6-3; 1942 Code Section 1593;
1932 Code Section 1593; Cr. C. '22 Section 558; Cr. C. '12 Section 909; Cr.
C. '02 Section 623; G. S. 2525; R. S. 505; 1878 (16) 492] Repealed by 1998
Act No. 367, Section 9, eff May 27, 1998.
SECTION 47-1-40.
Ill-treatment of animals generally.
(A)
Whoever knowingly or intentionally overloads, overdrives, overworks,
ill-treats any animal, deprives any animal of necessary sustenance or
shelter, inflicts unnecessary pain or suffering upon any animal, or by
omission or commission knowingly or intentionally causes these things to be
done, for every offense is guilty of a misdemeanor and, upon conviction,
must be punished by imprisonment not exceeding sixty days or by a fine of
not less than one hundred dollars nor more than five hundred dollars, or
both, for a first offense; by imprisonment not exceeding ninety days or by a
fine not exceeding eight hundred dollars, or both, for a second offense; or
by imprisonment not exceeding two years or by a fine not exceeding two
thousand dollars, or both, for a third or subsequent offense.
Notwithstanding any other provision of law, a first offense under this
subsection shall be tried in magistrate's or municipal court.
(B)
Whoever tortures, torments, needlessly mutilates, cruelly kills, or inflicts
excessive or repeated unnecessary pain or suffering upon any animal or by
omission or commission causes the acts to be done for any of the offenses is
guilty of a felony and, upon conviction, must be punished by imprisonment of
not less than one hundred eighty days and not to exceed five years and by a
fine of five thousand dollars.
(C)
This section does not apply to fowl, accepted animal husbandry practices of
farm operations and the training of animals, the practice of veterinary
medicine, agricultural practices, forestry and silvacultural practices,
wildlife management practices, or activity authorized by Title 50.
SECTION 47-1-50.
Cruel work; carriage in vehicles; penalties.
(A) An
owner, a possessor, or a person having the charge or custody of an animal
may not:
(1)
cruelly drive or work it when unfit for labor;
(2)
carry it, or cause it to be carried, in or upon a vehicle or otherwise in an
unnecessarily cruel or inhumane manner.
(B) A
person who violates this section is guilty of a misdemeanor and, upon
conviction, must be punished for each offense in the manner prescribed in
Section 47-1-40(A).
SECTION 47-1-60.
Cutting muscles of tails of horses, asses, mules, mares, or geldings
prohibited.
Any
person who (a) cuts the tissue or muscle of the tail of any horse, ass,
mule, mare or gelding, or otherwise operates upon it in any manner for the
purpose or with the effect of altering the natural carriage of the tail,
except when such cutting or operation is necessary for the health or life of
the animal, as certified to in writing by a licensed veterinarian, (b)
causes, procures or knowingly permits such cutting or operation to be done
or (c) assists in or is voluntarily present at such cutting or operation
shall be guilty of a misdemeanor.
Any
person convicted of violating any of the provisions of this section shall be
fined not less than fifty nor more than one hundred dollars or imprisoned
not less than fifteen nor more than thirty days.
SECTION 47-1-70.
Abandonment of animals; penalties; hunting dog exception.
(A) A
person may not abandon an animal. As used in this section "abandonment" is
defined as deserting, forsaking, or intending to give up absolutely an
animal without securing another owner or without providing the necessities
of life. "Necessities of life" includes:
(1)
adequate water which means a constant access to a supply of clean, fresh,
and potable water provided in a suitable manner for the species;
(2)
adequate food which means provision at suitable intervals of quantities of
wholesome foodstuff suitable for the species and age, sufficient to maintain
a reasonable level of nutrition to allow for proper growth and weight;
(3)
adequate shelter which means shelter that reasonably may be expected to
protect the animal from physical suffering or impairment of health due to
exposure to the elements or adverse weather.
(B) A
person who violates this section is guilty of a misdemeanor and, upon
conviction, must be fined not less than two hundred nor more than five
hundred dollars or imprisoned not more than thirty days, or both. Offenses
under this section must be tried in the magistrate's or municipal court.
(C) A
hunting dog that is positively identifiable in accordance with Section
47-3-510 or Section 47-3-530 is exempt from this section.
SECTION 47-1-75.
Immunity from civil and criminal liability.
Any
person, including a person licensed to practice veterinary medicine, or an
animal control officer or agent of the South Carolina Society for the
Prevention of Cruelty to Animals or any society incorporated for that
purpose, who in good faith and without compensation for services provided,
acting without malice, recklessness, or gross negligence, renders emergency
care or treatment to a domestic animal which is abandoned, ill, injured, or
in distress related to an accident or disaster shall not be liable or
subject to any civil or criminal liability for any injuries or harm to such
animal resulting from the rendering of such care or treatment, or any act or
failure to act to provide or arrange for further medical treatment or care
for such animal.
SECTION 47-1-80.
Destruction of abandoned infirm animal.
Any
agent or officer of the Department of Health and Environmental Control or
police officer or officer of the South Carolina Society for the Prevention
of Cruelty to Animals or of any society duly incorporated for that purpose
may lawfully destroy, or cause to be destroyed, any animal found abandoned
and not properly cared for, appearing to be glandered, injured or diseased
past recovery for any useful purpose.
SECTION 47-1-90.
Overloading and length of confinement of animals in railroad cars.
No
railroad company in the carrying or transportation of animals shall overload
the cars nor permit the animals to be confined in cars for a longer period
than thirty-six consecutive hours without unloading them for rest, water and
feeding for a period of at least five consecutive hours, unless prevented
from so unloading by storm or other accidental causes beyond the control of
such railroad company; provided, however, that when animals shall be carried
in cars in which they can and do have proper food, water and space and
opportunity for rest, the foregoing provisions in regard to their being
unloaded shall not apply.
In
estimating such confinement the time during which the animals have been
confined without such rest on connecting roads from which they are received
shall be included, it being the intent of this section to prohibit their
continuous confinement beyond the period of thirty-six hours, except upon
the contingencies hereinbefore stated.
SECTION 47-1-100.
Care of animals unloaded during transit.
Animals unloaded as required by Section 47-1-90 shall be properly fed,
watered and sheltered during such rest by the owner or person having the
custody thereof or, in case of his default in so doing, then by the railroad
company transporting such animals at the expense of the owner or person in
custody thereof; and the company shall, in such case, have a lien upon such
animals for food, care and custody furnished and shall not be liable for any
detention of such animals.
SECTION 47-1-110.
Violations of Sections 47-1-90 and 47-1-100.
Any
company or the owner or custodian of such animals who shall fail to comply
with the provisions of Sections 47-1-90 and 47-1-100 shall, for each and
every such offense, if found guilty, be fined not less than fifty nor more
than five hundred dollars, in any court of competent jurisdiction.
SECTION 47-1-120.
Custody of animals in charge of arrested persons.
When a
person arrested is, at the time of the arrest, in charge of an animal, an
agent of the South Carolina Society for the Prevention of Cruelty to
Animals, or of any society incorporated for that purpose, may take charge of
the animal and deposit the animal in a safe place of custody or deliver the
animal into the possession of the police or sheriff of the county or place
where the arrest was made, who shall assume the custody of the animal; and
all necessary expenses incurred in taking charge of the animal shall be a
lien thereon.
SECTION 47-1-125.
Coloring or dying animals prohibited; sale or distribution of certain young
animals prohibited; penalty.
(1) It
is unlawful for any person to dye or color artificially any animal or fowl,
including but not limited to rabbits, baby chickens, and ducklings, or to
bring any dyed or colored animal or fowl into this State.
(2) It
is unlawful for any person to sell, offer for sale or give away as
merchandising premiums, baby chickens, ducklings or other fowl under four
weeks of age or rabbits under two months of age to be used as pets, toys or
retail premiums.
(3)
This section shall not be construed to apply to any animal or fowl,
including but not limited to rabbits, baby chickens and ducklings to be used
or raised for agricultural purposes by persons with proper facilities to
care for them or for poultry or livestock exhibitions.
(4)
Any person violating the provisions of this section shall be deemed guilty
of a misdemeanor and upon conviction shall be fined not more than two
hundred dollars or imprisoned for not more than thirty days.
SECTION 47-1-130.
Arrest for violation of laws prohibiting cruelty to animals.
Any
person violating the laws in relation to cruelty to animals may be arrested
and held, without warrant, in the same manner as in the case of persons
found breaking the peace.
SECTION 47-1-140.
Care of animals after arrest of person in charge.
The
person making the arrest, with or without warrant, shall use reasonable
diligence to give notice to the owner of the animals found in the charge or
custody of the person arrested, if the person is not the owner, and shall
care and provide properly for the animals. The person making such arrest
shall have a lien on the animals for the expense of such care and provision.
But if such person making the arrest be an agent of the South Carolina
Society for the Prevention of Cruelty to Animals, or other society
incorporated for that purpose, the provisions of Section 47-1-120 shall
apply in lieu of the provisions of this section. Notwithstanding any other
provision of law, an animal may be seized preceding an arrest and pursuant
to Section 47-1-150.
SECTION 47-1-150.
Issuance of search warrant; purpose of section; motions regarding custody of
animal; notice; care, disposal of, or return of animal.
(A)
When complaint is made on oath or affirmation to any magistrate authorized
to issue warrants in criminal cases that the complainant believes and has
reasonable cause to believe that the laws in relation to cruelty to animals
have been or are being violated in any particular building or place, such
magistrate, if satisfied that there is reasonable cause for such belief,
shall issue a search warrant authorizing any sheriff, deputy sheriff, deputy
state constable, constable or police officer to search such building or
place; but no search shall be made after sunset, unless specially authorized
by the magistrate upon satisfactory cause shown. If an animal is seized
pursuant to this section and the South Carolina Society for the Prevention
of Cruelty of Animals, or other society incorporated for that purpose is
involved with the seizure, the animal may be held pending criminal
disposition of the case at a facility maintained or contracted by that
agency.
(B)
The purpose of this section is to provide a means by which a neglected or
mistreated animal can be:
(1)
removed from its present custody, or
(2)
made the subject of an order to provide care, issued to its owner by the
magistrate or municipal judge, any law enforcement officer, or any agent of
the county or of the South Carolina Society for the Prevention of Cruelty to
Animals, or any society incorporated for that purpose and given protection
and an appropriate and humane disposition made.
(C)
Any law enforcement officer or any agent of any county or of the South
Carolina Society for the Prevention of Cruelty to Animals, or any society
incorporated for that purpose may move before a magistrate for an order to:
(1)
lawfully take custody of any animal found neglected or cruelly treated by
removing the animal from its present location if deemed by the court that
removal is necessary to prevent further suffering or ill-treatment, or
(2)
order the owner of any animal found neglected or cruelly treated to provide
certain care to the animal at the owner's expense without removal of the
animal from its present location, and shall forthwith petition the
magistrate or municipal judge of the county or municipality wherein the
animal is found for a hearing, to be set within twenty-four hours after the
date of seizure of the animal or issuance of the order to provide care and
held not more than two days after the setting of such date, to determine
whether the owner, if known, is able to provide adequately for the animal
and is fit to have custody of the animal. The hearing shall be concluded,
and the court order entered the date the hearing is commenced. No fee shall
be charged for the filing of the petition. Nothing herein is intended to
require court action for the taking into custody and making proper
disposition of stray or abandoned animals as lawfully performed by animal
control agents.
(D)
The officer or agent of any county or of the South Carolina Society for the
Prevention of Cruelty to Animals, or of any society incorporated for that
purpose, taking charge of any animal pursuant to the provisions of this
section shall have written notice served prior to the hearing set forth in
subsection (C)(2), upon the owner of the animal, if he is known and is
residing in the county where the animal was taken. The sheriff of the county
shall not charge a fee for service of such notice. If the owner of the
animal is known but is residing outside of the county wherein the animal was
taken, notice of the hearing shall be by publication.
(E) If
any seized animal held by court order at the owner's premises is removed
without notification to the investigating agency, or if an animal becomes
sick or dies, and the owner or custodian fails to immediately notify the
investigating agency, the owner must be held in contempt of court and fined
up to the penalties provided by law.
(F)
The officer or agent of any county or of the South Carolina Society for the
Prevention of Cruelty to Animals, or of any society incorporated for that
purpose, taking charge of an animal as provided for in this section shall
provide for the animal until either:
(1)
The owner is adjudged by the court to be able to provide adequately for, and
have custody of, the animal, in which case the animal shall be returned to
the owner upon payment for the care and provision of the animal while in the
agent's or officer's custody; or
(2)
The animal is turned over to the officer or agent as provided in Section
47-1-170 and a humane disposition of the animal is made.
(G) If
the court determines that the owner is able to provide adequately for, and
have custody of the animal, the order shall provide that the animal in
possession of the officer or agent be claimed and removed by the owner
within seven days after the date of the order.
SECTION 47-1-160.
Disposition of fines.
All
fines collected for violations of this chapter must be distributed as
follows:
(1) If
the trial court finds that there was a nonprofit animal humane organization
in the municipality or county materially involved in or aiding in the
prosecution of the violation, one-half of the fine must be distributed to
the nonprofit animal humane organization and the remaining one-half must be
distributed as is otherwise provided by law.
(2) If
there is no finding of material involvement or aiding in the prosecution of
the violation by a nonprofit animal humane organization, the fine must be
distributed as is provided by law.
SECTION 47-1-170.
Penalties for violations of chapter.
The
owner or person having charge or custody of an animal cruelly used who is
convicted of any violation of this chapter forfeits ownership, charge, or
custody of the animal and at the discretion of the court, the person who is
charged with or convicted of a violation of this chapter must be ordered to
pay costs incurred to care for the animal and related expenses.
SECTION 47-1-200.
Requirements for transfer of animals and importation or exportation of dog
or cat; penalties for violations.
(A)
During transportation, an animal must not be confined in one area for more
than twenty-four consecutive hours without being adequately exercised,
rested, fed, and watered. The time may be extended reasonably when an act of
God causes a delay. The animal must be provided adequate space and
ventilation.
(B) A
dog or cat under eight weeks of age must not be imported or exported without
being accompanied by its dam.
(C) A
person who violates the provisions of this section is guilty of a
misdemeanor and, upon conviction, must be fined not less than two hundred
nor more than five hundred dollars or imprisoned for not more than thirty
days, or both.
SECTION 47-1-210.
Live animals as prizes; exceptions; penalties.
(A) It
is unlawful to give away a live animal including, but not limited to, a
fish, bird, fowl, or reptile, as a prize for, or as an inducement to enter,
any contest, game, or other competition, or as an inducement to enter a
place of amusement, or for these species to be used as an incentive to enter
into any business agreement if the offer made was for the purpose of
attracting trade.
(B)
Nothing in this section may be construed to prohibit an auction or raffle of
a live animal including, but not limited to, a fish, bird, fowl, or reptile.
Further, the giving away or the testing of game or fowl for breeding
purposes only is lawful and is not prohibited by this section as an
incentive to enter into a business agreement if the person giving away or
testing game or fowl is engaged in that trade.
(C) A
person who violates this section is guilty of a misdemeanor and, upon
conviction, must be punished for each separate offense by a fine not to
exceed three hundred dollars or imprisonment not to exceed thirty days, or
both.
(D)
This section does not apply when a live animal is given away as follows:
(1) by
individuals or organizations operating in conjunction with a cooperative
extension education program or agricultural vocational program sanctioned by
the State Department of Education or local school districts;
(2) by
individuals or organizations operating in conjunction with field trials
approved by the Department of Natural Resources; or
(3) by
kennels that advertise in national publications in regard to dogs that are
registered with the United Kennel Club or the American Kennel Club.
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