Saturday, May 3, 2014
Town of James Island "Leash Law"
The Town adopted the Charleston County's "Livability Code" by referernce. This is what would sometimes be called a "leash law." The entire section is here.
These are the rules that applied in the area of the Town before we were incorporated. By adopting this Code by reference, the rules applying to the residents and animals in the Town remained the same.
Here are some excerpts. First, animals "running at large" can be taken and euthanized:
Sec. 3-5. Impoundment of pets running at large; disposition.
(a) Any pet or dangerous pet running at large may be impounded by the animal control officer or any of the persons empowered to enforce this chapter and transported to the county animal shelter, or to any other nonprofit animal shelter designated by county council, and there impounded and confined until redeemed or disposed of as hereinafter provided. If an animal is transported to an animal shelter other than the Charleston Animal Society, the redemption fee cited in section 3-6 below shall not be collected.
(b) Immediately after impounding any properly tagged pet, the animal control officer and/or animal shelter operator shall make a reasonable effort to notify the owner in writing or by telephone of its impoundment and to inform the owner of the conditions whereby he can regain custody of the pet.
(c) At-large animals and pets shall be either euthanized after five working days, or placed for adoption at the discretion of the animal shelter operator (Charleston Animal Society).
The owner is subject to a summons and fine for letting an animal run free:
(b) An animal control officer shall issue a summons if there is probable cause to believe that a violation of any provision of this chapter has been violated, including the following violations:
(11) Allowing animals to run free, break loose, or escape in any manner;
The ordinance also requires that animals be restrained:
Sec. 3-11. Restraint.
(a) It shall be unlawful for any owner or custodian of any animal to permit same to run at large at any time upon streets or highways or properties other than his own property within the county. Such owner or custodian shall comply with the definition of "restraint" in section 3-1
(b) It shall be unlawful to keep a dangerous dog in any manner not allowed under section 47-3-610, et seq., Code of Laws of South Carolina, 1976.
Here are some definitions:
At large means an animal which is off the property and/or premises of the owner or keeper and not under physical control by owner or keeper by means of a leash or restraint.
A dog that attacks cats is dangerous:
Dangerous animal means an animal which:
(1) The owner knows, or reasonably should know, has a propensity, tendency, or disposition to attack unprovoked, cause injury, or otherwise endanger the safety of human beings or domestic animals;
Restraint means when a pet or animal is confined to the premises of its owner or keeper by fence, chain, or other appropriate measure, on the premises of its owner or keeper, or when a pet is accompanied by owner or keeper and is physically controlled by a leash or similar physical device.
Sec. 3-18. Nuisances.
(a) It shall be unlawful for any person to own, keep, possess, or maintain an animal in such a manner as to constitute a public nuisance or a nuisance to neighbors. By way of example and not of limitation, the following acts or actions of an owner, harborer or possessor of an animal are hereby declared to be a public nuisance and therefore unlawful:
(b) (1) Having an animal that disturbs the rights of, threatens the safety of, or damages a member of the general public, or interferes with the ordinary use and enjoyment of their property, or public property; or
(2) Allowing or permitting an animal to damage the property of anyone other than its owner, including, but not limited to, turning over garbage containers or damaging gardens, flowers or vegetables, or repeatedly defecating upon the property of another; or
(3) Maintaining animals in an environment of unsanitary conditions or lack of cleanliness which results in offensive odor or is dangerous to the public health, welfare or safety, or a failure to maintain a condition of good order and cleanliness which reduces the probability of transmission of disease; or
(4) Maintaining property that is offensive, annoying or dangerous to the public health, safety or welfare of the community because of the number, type, variety, density or location of the animals on the property; or
(5) Allowing or permitting an animal to bark, whine or howl in an excessive, continuous or untimely fashion so as to interfere with the reasonable use and enjoyment of neighboring premises; or
(6) Maintaining an animal that is diseased and dangerous to the public health; or
(7) Maintaining an animal that habitually or repeatedly chases, snaps at, threatens, attacks or barks at pedestrians, joggers, dogs walked on a leash by owners, bicycles, or vehicles; or
Charleston County Animal Control, under the direction of the Sheriff's Office, enforces all of these regulations in the Town. While you can and should contact them directly, please let Town Hall know about any problems.
Sec. 3-44. Penalty.
Any person who violates the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than $500.00 or not more than 30 days in jail, or both.
With court costs, it runs a bit over $1,000.
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