H*3323(Rat #0580, Act #0515 of 1988)  General Bill, By Sharpe
 A Bill to amend Chapter 3, Title 47, Code of Laws of South Carolina, 1976,
 relating to dogs and other domestic pets, by adding Article 11 so as to
 regulate the training, care, custody, and control of dangerous dogs, to
 provide for their seizure, impoundment, and destruction, to define persons who
 may lawfully enter property where dangerous dogs are located, and to provide
 penalties for violations and to provide that magistrates have jurisdiction to
 try cases involving violations.-amended title

   10/19/87  House  Prefiled
   10/19/87  House  Referred to Committee on Judiciary
   01/12/88  House  Introduced and read first time HJ-248
   01/12/88  House  Referred to Committee on Judiciary HJ-249
   01/26/88  House  Recalled from Committee on Judiciary HJ-551
   01/26/88  House  Referred to Committee on Agriculture and Natural
                     Resources HJ-551
   03/30/88  House  Committee report: Favorable with amendment
                     Agriculture and Natural Resources HJ-2389
   04/12/88  House  Amended HJ-2627
   04/12/88  House  Read second time HJ-2630
   04/13/88  House  Read third time and sent to Senate HJ-2647
   04/14/88  Senate Introduced and read first time SJ-177
   04/14/88  Senate Referred to Committee on Agriculture and Natural
                     Resources SJ-177
   04/21/88  Senate Committee report: Favorable Agriculture and
                     Natural Resources SJ-9
   04/27/88  Senate Read second time SJ-82
   04/27/88  Senate Ordered to third reading with notice of
                     amendments SJ-82
   04/28/88  Senate Read third time and enrolled SJ-32
   05/03/88         Ratified R 580
   05/09/88         Signed By Governor
   05/09/88         Effective date 05/09/88
   05/09/88         Act No. 515
   05/23/88         Copies available

AN ACT TO AMEND CHAPTER 3, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DOGS AND OTHER DOMESTIC PETS, BY ADDING ARTICLE 11 SO AS TO REGULATE THE TRAINING, CARE, CUSTODY, AND CONTROL OF DANGEROUS DOGS, TO PROVIDE FOR THEIR SEIZURE, IMPOUNDMENT, AND DESTRUCTION, TO DEFINE PERSONS WHO MAY LAWFULLY ENTER PROPERTY WHERE DANGEROUS DOGS ARE LOCATED, AND TO PROVIDE PENALTIES FOR VIOLATIONS AND TO PROVIDE THAT MAGISTRATES HAVE JURISDICTION TO TRY CASES INVOLVING VIOLATIONS.

Be it enacted by the General Assembly of the State of South Carolina:

Regulations of dangerous dogs

SECTION 1. Chapter 3, Title 47 of the 1976 Code is amended by adding:

"Article 11

Regulation of Dangerous Dogs

Section 47-3-610. As used in this article 'dangerous dog' means and includes:

(1) a dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to otherwise endanger the safety of human beings or domestic animals;

(2) a dog which attacks a human being or domestic animal without provocation;

(3) a dog owned or harbored primarily or in part for the purpose of dogfighting or a dog trained for dogfighting.

Section 47-3-620. No person owning or harboring or having the care or the custody of a dangerous dog may permit the dog to go unconfined on his premises. A dangerous dog is 'unconfined' as the term is used in this section

if the dog is not securely confined indoors or confined in a securely enclosed and locked pen or a dog-run area upon the person's premises. The pen or dog-run area also must have either sides six feet high or a secure top. If the pen or structure has no bottom secured to the sides, the sides must be imbedded into the ground at a depth of no less than one foot. However, the provisions of this section shall not apply to any dog that is owned by a licensed security company and is on patrol in a confined area.

Section 47-3-630. No person owning or harboring or having the care of a dangerous dog may permit the dog to go beyond his premises unless the dog is securely muzzled and restrained with a chain having a minimum tensile strength of three hundred pounds and not exceeding three feet in length.

Section 47-3-640. (A) No person may own or harbor a dog for the purpose of dogfighting, or train, torment, badger, bait, or use a dog for the purpose of causing or encouraging the dog to unprovoked attacks upon human beings or domestic animals.

(B) No person may possess with intent to sell, offer for sale, breed, or buy or attempt to buy a dangerous dog.

Section 47-3-650. (A) In the event a law enforcement agent has probable cause to believe that a dangerous dog is being harbored or cared for in violation of Section 47-3-620 or 47-3-640, he may petition the magistrate having jurisdiction to order the seizure and impoundment of the dangerous dog while the trial is pending.

(B) In the event a law enforcement agent has probable cause to believe that a dangerous dog is being harbored or housed in violation of Section 47-3-630, he may seize and impound the dangerous dog while the trial is pending.

Section 47-3-660. (A) Whoever violates this article is guilty of a misdemeanor and, upon conviction, for a first offense, must be fined not more than two hundred dollars or imprisoned for not more than thirty days and, upon conviction of a second or subsequent offense, must be fined one thousand dollars none of which may be suspended or remitted.

(B) A dangerous dog which attacks a human being or another domestic animal may be ordered destroyed when in the court's judgment the dangerous dog represents a continuing threat of serious harm to human beings or other domestic animals.

(C) Any person found guilty of violating this article shall pay all expenses, including shelter, food, veterinary expenses for boarding and veterinary expenses necessitated by the seizure of any dog for the protection of the public and other expenses as may be required for the destruction of the dog. Furthermore, anyone found guilty of violating this article shall pay any medical expenses incurred by the victim as a result of an attack by a dangerous dog.

(D) All violations of this article are within the magistrate's jurisdiction.

Section 47-3-670. (A) A person is lawfully upon the premises of the owner within the meaning of this article when he is on the premises in the performance of any duty imposed upon him by the laws of this State, by the laws or postal regulations of the United States, when he is on the premises upon invitation, expressed or implied, of the owner, or when he is in the performance of a duty relative to public safety, which includes policemen, firemen, or other authorized personnel. A person has the right to ingress to and egress from the premises for any purpose connected with the performance of the public safety duty.

(B) A person who is lawfully on the owner's premises and who is attacked by a dangerous dog or witnesses the attack may use reasonable force to repel the attack. A person is not liable in

damages or otherwise for action to repel or any action taken to restrain or control a dog from an unprovoked attack."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.