§ 4-7. Vicious, dangerous or wild or feral animals prohibited; exceptions.
(a)
Except as provided herein, it shall be unlawful for any person to own, keep, harbor or act as custodian of a:
(1)
Vicious or dangerous animal. This section does not apply to guard dogs or attack dogs which are properly and securely confined. Any guard dog or attack dog which escapes confinement for any length of time or which, when not in confinement, is not on a leash under the direct control of a responsible adult which commands the animal, shall be considered a dangerous animal. An animal shall not be deemed dangerous if: it bites, attacks or menaces anyone assaulting the owner; a trespasser on the property of the owner; or any person or other animal who has tormented or abused it; or it is protecting or defending its young or another animal.
(2)
Wild or feral animal in such a way as prohibited by this chapter. Animal control officers and law enforcement officers upon probable cause or citizens by way of warrant lawfully issued may institute criminal process against the owner or keeper of a vicious or dangerous animal, or a wild or feral animal. A vicious or dangerous animal may be immediately impounded by the animal control officer or a sworn law enforcement officer upon a reasonable determination of the exigencies concerning public health, safety and welfare or to alleviate an animal's suffering, or by warrant lawfully issued upon probable cause.
(3)
It shall be unlawful for any person to sell, expose to public view or contact, exhibit either gratuitously or for a fee, any wild or feral animals, or any animal of mixed domestication and feral lineage within the corporate limits of the city on public or private property, except as provided herein in [section] 4-7(c). Animal control officers and law enforcement officers upon probable cause or citizens by way of warrant lawfully issued may institute criminal process against the owner, keeper or merchant of a wild or feral animal. A wild or feral animal may be immediately impounded by the animal control officer or a sworn law enforcement officer upon a reasonable determination of the exigencies concerning public health, safety and welfare or to alleviate an animal's suffering, or by warrant lawfully issued upon probable cause.
(c)
The prohibition shall not apply to the keeping of wild or feral animals in the following circumstances:
(1)
The keeping of wild or feral animals in a public zoo, bona fide education or medical institution, humane society, or museum where they are kept as live specimens for the public to view, or for the purpose of instruction, research or study.
(2)
The keeping of wild or feral animals for exhibition to the public by a bona fide traveling circus, carnival, exhibit or show, properly licensed and permitted by state and local law.
(3)
The keeping of wild or feral animals by a bona fide, licensed veterinary with hospital for treatment.
(4)
The keeping of wild or feral animals by a wildlife rescue organization with appropriate permits from any state or local regulatory body.
(5)
The keeping of wild or feral animals by a private citizen confined on private property so as not to exhibit or expose to public view or contact.
(6)
The noncustodial long-term oversight and care, to include the provision of food, shelter and health monitoring, of a feral domestic cat as a result of a trap-neuter-release management plan implemented by Sav-R-Cats International, Inc. or a similar eleemosynary organization legally incorporated and recognized by the city to provide such services, provided however that the release component of the program shall not include any residential area and the addresses of the actual locations of release shall be provided to the city.
(7)
The offering for sale of animals by a duly licensed pet shop consistent with all applicable state and federal laws pertaining to animal possession and treatment. A service animal, as defined by the Americans with Disabilities Act (ADA), is not a pet and therefore cannot be sold as a pet. The ADA defines a service animal as any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability.
"Pet shop" shall mean any person or business entity operating a business enterprise involving human companion animals for sale, trade, or exchange as a pet, regardless of the percentage of its overall business or devotion to floor space for the purpose of keeping animals. A pet shop may be either a business operation with its primary business purpose as defined by the Standard Industrial Code as a pet shop or pet store, or a commercial enterprise offering animals for sale as part of fungible inventory, provided however the purveyor qualifies under this exemption only if the following mandatory provisions are met and attested to as a condition of the business license, and the provisions are maintained during the life of the business as long as it involves animals.
Food and water: Animals kept at pet shops shall be given adequate wholesome food and potable water consistent with the needs of each animal, considering its species, size, sex, and age.
Sanitary conditions: Food and bedding shall be clean, dry, and vermin-free. Enclosures, tanks or pens or any confining structure or device shall be kept disinfected and with adequate ventilation. Animal waste must be disposed of without harm to the environment.
Veterinary care: Necessary veterinary care shall be provided to sick or injured animals be provided with necessary veterinary treatment. Pet stores shall have a program of disease prevention, parasite control, humane euthanasia, and veterinary care.
Enclosures: Animals shall be provided with adequate space to stand up, sit down, and assume natural postural adjustments, and with an environment conducive to vitality and health. In the case of aquatic animals, temperature, ph balance, light intensity, salinity and mechanical air and water filtration systems must be employed that are species appropriate. All shall be capable of having the animal removed and being cleaned, without causing harm or injury to the animal. No mesh, wire or grid confinement may cause injury or harm to the animal feet, be constructed so that the animal's feet may pass through or sag when the weight of the animal is place upon it. All housing shall be constructed so as to prevent injury to the animals housed within, prevent the escape of animals, and prevent the entry of outside animals into the enclosure.
Female animals in estrus cannot be housed with any male animal other than for supervised mating. No animal that has demonstrated a vicious disposition can be housed with any other animal.
Temperature and ventilation: The temperature in pet shops shall be kept in a range, which promotes the comfort and health of the animals contained within. Exception is made for animals, which are acclimated to higher or lower temperatures. Facilities shall be ventilated to minimize noxious odors, moisture and condensation.
Prohibition against the sale of unweaned, sick or diseased animals: Sales of unweaned, sick or diseased animals are prohibited. An unweaned animal means any animal of the Class Mammalia that is nursing, requires hand-feeding excluding the Class Aves, or is otherwise unaccustomed to eating enough food without human or animal assistance to sustain at least 90 percent of its own weight for at least two weeks, and shall include per se puppies and kittens under the age of eight weeks, or any animal who is not accustomed to feeding himself without his mother.
No pet shop may sell or possess vicious animals as defined in this chapter or "Exotic animal" as identified as a member of the following families, including hybrids thereof, which, due to their inherent nature, may be considered dangerous to humans, and further defined as follows:
a.
Wild animals indigenous to the State of South Carolina;
b.
"Exotic animal" means any member of the following families, including hybrids thereof, which, due to their inherent nature, may be considered dangerous to humans, and further defined as follows:
1.
Class Mammalia:
i.
Order Artiodactyla (hippopotamuses, giraffes, camels, deer, not cattle or swine or sheep or goats).
ii.
Order Carnivora:
(i)
Family Felidae (lions, tigers, cougars, leopards, ocelots, servals, not domestic cats);
(ii)
Family Canidae (wolves, coyotes, foxes, jackals, not domestic dogs);
(iii)
Family Ursidae (all bears);
(iv)
Family Mustelidae (weasels, skunks, martins, minks, not ferrets);
(v)
Family Procyonidae (raccoons, coatis);
(vi)
Family Hyaenidae (hyenas);
(vii)
Family Viverridae (civets, genets, mongooses, binturongs).
iii.
Order Edentatia (anteaters, armadillos, sloths).
iv.
Order Marsupialia (opossums, kangaroos, wallabies, not sugar gliders).
v.
Order Perissodactyla (rhinoceroses, tapirs, not horses or donkeys or mules).
vi.
Order Primates (lemurs, monkeys, chimpanzees, gorillas).
vii.
Order Proboscidae (elephants).
viii.
Order Rodentia (squirrels, beavers, porcupines, prairie dogs, not guinea pigs, or rats, or mice, or gerbils, or hamsters).
2.
Class Reptilia:
i.
Order Squamata:
(i)
Family Varanidae (only water monitors and crocodile monitors);
(ii)
Family Iguanaidae (only green iguanas and rock iguanas);
(iii)
Family Boidae (all species whose adult length has the potential to exceed eight feet in length);
(iv)
Family Colubridae (only boomslangs and African twig snakes);
(v)
Family Elapidae (such as coral snakes, cobras, mambas, etc.)—All species;
(vi)
Family Nactricidae (only keelback snakes);
(vii)
Family Viperidae (such as copperheads, cottonmouths, rattlesnakes, etc.)—All species.
ii.
Order Crocodilia (such as crocodiles, alligators, caimans, gavials, etc.)—All species.
Confiscation and destruction of animals: If animal control or other appropriate city employee finds an animal to be suffering as a result of failure to provide proper food and water or inhumane treatment by the management of the facility finds an animal, the city may confiscate the animal.
(d)
Vicious or dangerous animals and wild or feral animals may not be redeemed and may be disposed of in the discretion of the animal shelter.
(Ord. No. 2001-17, 7-10-01; Ord. No. 2004-8, 1-27-04; Ord. No. 2005-10, 3-8-05)