A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 17 TO CHAPTER 3, TITLE 47 SO AS TO DEFINE TERMS, REQUIRE A PERSON OR ENTITY ENGAGED IN THE BREEDING AND SALE OF DOGS FOR PROFIT TO REGISTER WITH THE SOUTH CAROLINA SECRETARY OF STATE, ESTABLISH REQUIREMENTS FOR THE OPERATION OF DOG BREEDING FOR PROFIT, REQUIRE AN ANIMAL RESCUE ORGANIZATION TO REGISTER WITH THE COUNTY IN WHICH IT OPERATES AND TO OUTLINE REQUIREMENTS FOR OPERATION, DEFINE "NUISANCE BARKING" AND PROVIDE PENALTIES, REQUIRE DOG IDENTIFICATION METHODS, REQUIRE PROOF OF OWNERSHIP TO RELEASE AN IMPOUNDED DOG OR CAT TO ITS OWNER; AND PROVIDE PENALTIES FOR VIOLATION OF THIS CHAPTER.

 

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

 

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

 

Article 17

 

Dogs and Cats

 

    Section 47-3-1000. For purposes of this article:

       (1) "Adequate food" means clean, nutritionally appropriate food in a quantity sufficient for their age, size, species, and breed to maintain health and prevent starvation or malnutrition. Food must be fresh, uncontaminated, and free from spoilage, rancidity, or pests. Fresh food shall be given at least twice every 24 hours, unless otherwise directed by a veterinarian. Soft food must be available for animals unable to chew dry food.

       (2) "Adequate space" means an enclosure or confinement area that allows an animal to move freely, maintain natural postures, and reposition comfortably. The space must be clean, free from waste accumulation, and appropriately sized for the animal's breed and weight, meeting or exceeding the following requirements:

           (a) Dogs under twenty-five pounds require twenty-four square feet per dog.

           (b) Dogs between twenty-five and fifty pounds require sixty-four square feet per dog.

           (c) Dogs over fifty pounds require one hundred square feet per dog.

           (d) An enclosure or confinement area must be a minimum of four feet wide for dogs up to fifty pounds and six feet wide for dogs over fifty pounds.

           (e) An enclosure or confinement area must be at least twelve inches taller than the tallest dog when standing.

           (f) Crates, carriers, or small enclosures are not considered adequate space for long-term housing. Crates must allow the dog to stand, turn around, and lie down fully extended without touching the sides or ceiling. Dogs may not be crated for more than twelve hours in a 24-hour period, except when extended confinement is recommended by a licensed veterinarian for medical reasons.

           (g) The space requirements of this item do not apply to animals housed in county- or city-operated animal shelters, state-registered humane societies, and/or to animals housed by county-registered animal rescue charitable organizations providing short-term care for stray, abandoned, or surrendered animals. The space requirements do not apply to animals housed by law enforcement agencies.

       (3) "Adequate ventilation" means fresh air sufficient to provide for animal health and well-being, and to minimize odors, drafts, ammonia levels, and moisture condensation.

       (4) "Animal rescue organization" means any person, partnership, corporation, or other entity that takes in, fosters, rehabilitates, or rehomes animals, including dogs, cats, and other companion animals, whether operating from a physical facility or a foster-based network.

       (5) "Extreme temperature" refers to temperatures that pose a risk to an animal's health, safety, or well-being, including:

           (a) Hot temperature means exposure to 90°F (32°C) or higher, or conditions causing heat stress, dehydration, or heatstroke.

           (b) Cold temperature means exposure to below 32°F (0°C), or conditions leading to hypothermia, frostbite, or prolonged discomfort.

       (6) "Sufficient shade" means enough shade to protect the animal from direct sunlight at all times, preventing overheating and heat-related stress.

 

    Section 47-3-1010. (A) Any person or entity engaged in the breeding and sale of dogs for profit in this State must file a Business Registration Application with the Secretary of State.

    (B) Business registration must be renewed annually, and breeders must ensure their information remains accurate and up to date.

 

    Section 47-3-1020. (A) All individuals or businesses engaged in dog breeding must adhere to the following minimum care standards:

       (1) All cages or enclosures must be constructed from suitable materials to ensure adequate shelter, and shall also be maintained as follows:

           (a) contains the dog securely and keeps other animals from entering the enclosure;

           (b) may not be stacked on top of another cage or enclosure nor suspended from the ceiling;

           (c) must have floors that are constructed in a manner that protects dogs' feet and legs from injury;

           (d) all surfaces in contact with dogs must be cleaned and sanitized daily;

           (e) must be well-lit during daytime hours to permit inspection and cleaning of the facility and observation of dogs; and

           (f) must be sufficiently ventilated at all times when dogs are present.

       (2) All dog breeders must provide adequate food and water for each animal. Food and water containers must be washed and disinfected daily.

       (3) All breeding dogs must be provided with adequate space and must also receive the following:

           (a) dogs must have access to an exercise space at least twice the size of their primary enclosure. Proof of access may be required.

           (b) breeders must maintain a veterinarian-approved socialization and enrichment plan for all dogs.

       (4) All dog breeding kennels must have a written veterinary care plan approved by a licensed veterinarian and provide the following:

           (a) dogs must receive a hands-on exam by a licensed veterinarian at least once per year;

           (b) dogs must receive core vaccinations as recommended by the American Veterinary Medical Association (AVMA);

           (c) preventative treatment for intestinal parasites;

           (d) serious illness or injury must be promptly treated by a licensed veterinarian;

           (e) only licensed veterinarians may perform surgeries, including surgical births; and

           (f) euthanasia must be performed by a licensed veterinarian, if necessary.

       (5) Breeders must maintain detailed veterinary records, available to animal control officers upon request.

    (B) Any person found in violation of this section shall be subject to penalties as prescribed by law. Each instance of violation of this ordinance shall constitute a separate offense with fines and/or other penalties determined in accordance with magistrate court guidelines.

 

    Section 47-3-1030. (A) Any animal rescue organization operating within the county must register annually with the county in which it is located. The registration application must include relevant organizational details as required.

    (B) There is no fee for animal rescue organization registration; however, compliance with this ordinance is mandatory.

    (C) Registered animal rescue organizations must provide adequate food, water, shelter, veterinary care, and humane treatment for all animals in their care as required by this article.

    (D) All registered animal rescue organizations must have a written veterinary care plan approved by a licensed veterinarian and ensure the following:

       (1) each animal in the rescue's care must receive a hands-on examination by a licensed veterinarian at least once per year;

       (2) animals must receive core vaccinations as recommended by the American Veterinary Medical Association (AVMA) or as advised by the overseeing veterinarian based on the animal's health status;

       (3) regular preventative treatment for internal and external parasites must be provided as appropriate for the species and individual needs;

       (4) any serious illness or injury must be promptly assessed and treated by a licensed veterinarian;

       (5) surgical procedures, including sterilization, must only be performed by a licensed veterinarian;

       (6) if deemed necessary, euthanasia must be performed humanely by a licensed veterinarian in accordance with AVMA guidelines; and

       (7) the organization must maintain detailed veterinary records for all animals in its care and make them available to animal control or regulatory authorities upon request.

    (E) All facilities and foster homes used for housing animals must comply with local zoning, sanitation, and space requirements.

    (F) Government-operated animal shelters and humane societies under contract with the county are exempt from the registration requirement. Individuals fostering animals for a registered rescue organization are not required to register separately but must comply with all applicable standards of operation.

 

    Section 47-3-1040. (A) For purposes of this section, "nuisance barking" means continuous barking for a period exceeding fifteen minutes in a manner that is persistent and excessive.

    (B) A nuisance barking complaint may be initiated by any individual whose property is located within two hundred feet of the source of the alleged barking. Complaints must be addressed as follows:

       (1) upon receipt of a first complaint, a written notice must be posted on the property where the dog is located, informing the owner of the complaint and applicable ordinance provisions. No additional evidence is required at this stage;

       (2) if a subsequent complaint is received, a final written notice must be posted on the property, advising the owner that continued violations may result in enforcement action; and

       (3) upon verification of the complaint by an animal control officer, a third complaint must constitute a violation of this section. The complainant is required to provide:

           (a) a timestamped, uninterrupted video recording that clearly demonstrates:

               (i) the barking;

               (ii) the location from which the noise originates; and

               (iii) the barking exceeding the established noise threshold; and

           (b) a second written statement from another complainant verifying the specific address from which the nuisance barking is occurring.

    (C) After verification of the complaint by an Animal Control Officer, a summons must be issued to the owner of the dog.

    (D) Animal control officers and law enforcement personnel must review all submitted evidence and retain discretion in determining whether the barking was:

       (1) provoked or a response to teasing, harassment, trespassing, emergencies, or other justifiable stimuli including, but not limited to, wildlife or sirens, shall not be considered a violation of this ordinance. Complaints deemed to involve provoked barking may be dismissed at the discretion of the investigating officer; or

       (2) unprovoked and without clear external provocation shall be subject to enforcement under this section.

    (E) Penalties for a violation of this section are as follows:

       (1) for a first complaint, a written notice must be posted on the property of the dog owner;

       (2) for a second complaint, a final written notice shall be posted on the property of the dog owner; and

       (3) for a third complaint, the complaint is classified as a violation of this ordinance, and after the complaint has been verified by an Animal Control Officer, a summons must be issued.

    (F) The provisions of this section do not apply to:

       (1) barking that occurs due to trespassers, emergencies, or the actions of working dogs including, but not limited to, police, service, and herding dogs; and

       (2) commercial boarding facilities.

 

    Section 47-3-1050. (A) All dogs over the age of three months must be identifiable by one of the following methods:

       (1) a collar and identification tag displaying the owner's current contact information; or

       (2) a registered microchip with up-to-date owner contact information.

    (B) A rabies tag is not considered a valid form of identification for the purposes of this section and does not satisfy the identification requirements. The required identification must be worn by the dog at all times when outdoors. Owners are responsible for ensuring that all identification remains accurate and up to date.

 

    Section 47-3-1060. (A) If a dog or cat is impounded for running at large without a current rabies vaccination or, in the case of a dog, without a rabies tag or proper identification as required by this section, the owner must provide proof of vaccination and identification or have the animal vaccinated at the owner's expense and properly identified before release. If the animal is not wearing identification at the time of impoundment, the owner may establish ownership through one or more of the following:

       (1) registered microchip linked to the owner;

       (2) proof of ownership from a licensed veterinarian;

       (3) recent, dated images of the pet with the owner; or

       (4) municipal pet registration, if applicable.

    (B) The shelter or impounding agency may require additional verification as needed to ensure the rightful owner is reclaiming the pet.

 

    Section 47-3-1070. Any person, firm, corporation or agent, who violates the provisions of this article is guilty of a misdemeanor, and must be punished within the jurisdictional limits of magistrate's court. Each person, firm, corporation, or agent deemed guilty of a separate offense for each and every day, or portion, during which any violation of any of the provisions of this article is committed or continued.

 

SECTION 2.  If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

 

SECTION 3.  This act takes effect upon approval by the Governor.

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