Download This Version in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
March 5, 2008
S. 833
S. Printed 3/5/08--S.
Read the first time June 7, 2007.
To whom was referred a Bill (S. 833) to amend the Code of Laws of South Carolina, 1976, by adding Section 47-1-45 so as to prohibit the tethering, fastening, chaining, tying, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, pages 1 and 2, by striking SECTION 1 in its entirety and inserting:
/ SECTION 1. Chapter 1, Title 47 of the 1976 Code is amended by adding:
"Section 47-1-45. (A) It is unlawful to cruelly restrain a dog or cause such cruel restraining of a dog.
(B) For purposes of this section, 'cruelly restrain a dog' or 'cruel restraining of a dog' means tethering, fastening, chaining, tying, attaching, or otherwise restraining a dog to a tree, fence, post, or other stationary object or a running line, pulley, cable trolley system, or similar system by means of a chain, rope, tether, leash, cable, or similar restraint under circumstances that may endanger the dog's health, safety, or well-being. 'Cruelly restrain a dog' or 'cruel restraining of a dog' includes, but is not limited to, a restraint that:
(1) restricts a dog's movement for such an unreasonable period of time that the dog's health, safety, or well-being is endangered;
(2) is of a weight that excessively burdens a dog;
(3) causes a dog to choke or causes bodily injury to a dog;
(4) is too short for a dog to move around or for a dog to urinate or defecate in a separate area from the area where the dog must eat, drink, or lie down;
(5) is situated such that a dog will likely become entangled;
(6) does not permit a dog access to sustenance and shelter;
(7) does not permit a dog to escape reasonably foreseeable harm;
(8) is attached to a dog by means of a collar or harness that is not properly fitted for the age and size of the dog such that the collar or harness causes trauma or injury to the dog; or
(9) is attached to an unsupervised dog by means of a choke-type or pronged collar.
(C) A person who knowingly or intentionally violates this section is guilty of a misdemeanor and, upon conviction, must be punished by imprisonment not exceeding sixty days or by a fine 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. A person may be issued a correction warning in lieu of an infraction requiring the person to correct the cruel restraining of a dog within seventy-two hours unless the violation endangers the health or safety of the dog, the dog has been wounded as a result of the violation, or a correction warning has previously been issued to the person.
(D) Nothing in this section prohibits local governments from adopting more stringent local ordinances governing the restraining of a dog; however, a local government may assess only civil penalties for such ordinances." /
Renumber sections to conform.
Amend title to conform.
JOHN D. HAWKINS for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-45 SO AS TO PROHIBIT THE TETHERING, FASTENING, CHAINING, TYING, OR RESTRAINING A DOG TO A STATIONARY OBJECT FOR MORE THAN THREE HOURS A DAY OR FOR MORE THAN SIX HOURS A DAY ON A TROLLEY SYSTEM; TO PROVIDE CLASS I MISDEMEANOR CRIMINAL PENALTIES; AND TO AUTHORIZE LOCAL GOVERNMENT BY ORDINANCE TO VARY THESE REGULATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1, Title 47 of the 1976 Code is amended by adding:
"Section 47-1-45. (A) It is unlawful to tether, fasten, chain, tie, or restrain a dog, or cause such restraining of a dog, to a tree, fence, post, dog house, or other stationary object for more than three hours in a twenty-four-hour period. During periods of tethering that are not unlawful under this subsection, any tethering device used must be at least fifteen feet in length and attached in such manner as to prevent strangulation or other injury to the dog and entanglement with objects other than the stationary objects to which the device is attached.
(B) It is unlawful to tether, fasten, chain, tie, or restrain a dog, or cause such restraining of a dog, to a cable trolley system, that allows movement of the restraining device, for more than six hours in a twenty-four-hour period. During periods of tethering that are not unlawful under this subsection, the length of the cable along which the tethering device can move must be at least ten feet, and the tethering device must be of such length that the dog is able to move ten feet away from the cable perpendicularly.
(C) It is unlawful to attach a chain or wire or other tethering device to, or cause such attachment to, a choke-type or pronged collar on a dog.
(D) It is unlawful to attach a chain or wire or other tethering device to a dog in such manner that does not allow the dog access to water and shelter.
(E) A person who knowingly or intentionally violates subsection (A), (B), (C), or (D) is guilty of a misdemeanor and must be punished in the manner prescribed in Section 47-1-40(A).
(F) Notwithstanding the provisions of subsections (C) and (D), a person may, subject to the provisions of subsections (C) and (D) of this section:
(1) tether and restrain a dog while actively engaged in:
(a) use of the dog in shepherding or herding livestock;
(b) use of the dog in the business of cultivating agricultural products, if the restraining is reasonably necessary for the safety of the dog; or
(c) use of the dog in lawful hunting activities if the restraint is reasonably necessary for the safety of the dog.
(2) after taking possession of a dog that appears to be a stray dog and after having advised animal control authorities of the capture of the dog, tether and restrain the dog during such time as the person having taken possession of the dog is seeking the identity of the owner of the dog;
(3) walk a dog with a handheld leash.
(G) A county, city, or town may by ordinance:
(1) reduce the time of permissible tethering provided in subsections (B) and (C) of this section, including a prohibition on tethering;
(2) increase the permitted time for tethering on a rope or chain provided in subsection (B) from three to as many as nine hours;
(3) increase the permitted time for tethering on a pulley system provided in subsection (C) from six to as many as twelve hours in any twenty-four-hour period."
SECTION 2. This act becomes effective July 1, 2008.
This web page was last updated on Monday, June 22, 2009 at 3:09 P.M.