Ordinance-2022-16AN ORDINANCE OF THE TOWN OF HILTON HEAD ISLAND ORDINANCE NO. 2022-16 PROPOSED ORDINANCE NO. 2022-17 AN ORDINANCE OF THE TOWN OF HILTON HEAD ISLAND TO REPEAL AND REPLACE CHAPTER 1 OF TITLE 17 OF THE MUNICIPAL CODE OF THE TOWN OF HILTON HEAD, SOUTH CAROLINA RELATED TO THE TOWN'S ADOPTION BY REFERENCE OF BEAUFORT COUNTY ORDINANCE CHAPTER 14, ARTICLE II ANIMAL CONTROL. WHEREAS, the Town of Hilton Head Island ("Town") is vested with the authority under state law to enact ordinances and promulgate regulations for the care and control of dogs, cats, and other animals and to prescribe penalties for violations thereof; and WHEREAS, on January 19, 2016, the Town Council adopted by reference Chapter 14, Article II entitled "Animal Control" (the "Animal Control Ordinance") of the Beaufort County Code of Ordinances to advance the mutual desire to have a consistent animal control ordinances throughout Beaufort County; and WHEREAS, on April 11, 2022, the Beaufort County Council adopted various amendments to the Animal Control Ordinance; and WHEREAS, the Town Council now desires to repeal and replace Title 17, Chapter 1 entitled "Animal Control" of the Town's Code of Ordinances to maintain uniformity with respect to animal control regulations throughout Beaufort County; and WHEREAS, the Town Council has the authority to repeal and replace its Code of Ordinances when deemed to be in the best interest of the citizens of the Town, and now desires to do act with respect to the subject of animal control by enacting the amendments set forth below. NOW, THEREFORE, BE IT ORDERED AND ORDAINED BY THE TOWN COUNCIL FOR THE TOWN OF IDLTON HEAD ISLAND, SOUTH CAROLINA, AND IT IS HEREBY OR DERED AND ORDAINED BY AND UNDER AUTHORITY OF SAID TOWN COUNCIL, AS FOLLOWS: Sec. 17-1-111. -Beaufort County Animal Control Ordinance adopted by reference. Unless otherwise specified in this section, Article II of Chapter 14 of the Beaufort County Code of Ordinances, as amended on April 11, 2022, is adopted by reference as and made a part of this Chapter as fully and completely as if the same were set out herein verbatim, provided, however, that in the event that any part of Article Il, Chapter 14 of the Beaufort County Code of Ordinances conflicts with §8-1-211(8), Municipal Code of The Town of Hilton Head Island, South Carolina (1983), the text of§8-1-211(8), shall control.A copy of Artic le II of Chapter 14 of the Beaufort County Code of Ordinances is on file in the office of the municipal clerk, and is available here. 1
THIS ORDINANCE SHALL BE EFFECTIVE MEWEDIATELY IPPON FINAL READING.
SIGNED, SEALED AND DELIVERED THIS DAY OF OChbt, 2022.
By:
folwi. McCann, Mayor
ATTEST: •
By:
_4&aJ,k-JO
Krista Wie eyer, Town C en
First Reading: _ �i� �20� TIL- , 2022
Second Reading: I Is. , 2022
APP OVED O FORM:
Curtis L. Coltrane, T wn Attorney
Introduced by Council Member: Vu �UAV, Kor
2
COUNTY COUNCIL OF BEAUFORT COUNTY
Assistant County Administrator for Public Safety
Post Office Drawer 1228
Beaufort, South Carolina 29901-1228
Office (843) 255-5171 e-mail philipfaftgov.net
June 16, 2022
To: Marc Orlando, Town Manager, Town of Hilton Head
From: Philip A. Foot CJM, Assistant County Administrator for Public Safety Division
Cc: Brittany Ward, Deputy County Attorney
RE: Text Amendments for Beaufort County Animal Control Ordinances
Dear Mr. Orlando,
Beaufort County made text amendments to the Animal Control Ordinances. The Town of Hilton Head has
adopted our ordinances in the past to allow Beaufort County Animal Service Officers the authority to
enforce them within the municipality. Beaufort County Council adopted our recent text amendments on
third reading at their April 11, 2022 meeting.
I have provided a copy of the text amendments as adopted with strikethroughs to make reviewing the
changes easier. I have also provided a link to our Municode posted ordinances for the Animal Control
Chapter 14, Article II, as amended.
httus:lYlibrarv.municode.com/sclbeaufort countvlcoaeslcode of ordinances?nodeld=PTIGEOR CH14AN
ARTIIANCO
Both our legal department along with our Animal Services Director will be happy to attend any town
meeting to answer questions about the amendments if need. Please advise when the text amendments will
be on the Town Council Agenda and we can attend.
Respectfully,
Philip A. Foot, CJM
Assistant County Administrator for Public Safety
Beaufort County, South Carolina
Item i3.
BEAUFORT COUNTY COUNCIL
AGENDA ITEM S
7I TII ►Ti 1,1 M
ITEM TITLE:
Text Amendments to Chapter 14, Article Il: Animal Control Ordinances
MEETING NAME AND DATE:
Community Services Committee 03/07/2022 02:00 PM
PRESENTER INFORMATION:
Brittany Ward, Deputy County Attorney (Presenting) & Tallulah McGee, Director of Animal Services
(Co -Presenting)
15 Minutes
ITEM BACKGROUND:
First time being brought forward
PROJECT / ITEM NARRATIVE:
Numerous proposed changes to Chapter 14's Animal Control Ordinances. (See Backup Material)
FISCAL IMPACT:
No Physical or Financial Impact
STAFF RECOMMENDATIONS TO COUNCIL:
Recommend approval of Text Amendments
OPTIONS FOR COUNCIL MOTION:
Move forward to Council for First Reading
20
2022 /
AN ORDINANCE AMENDING CERTAIN TEXT IN THE BEAUFORT COUNTY CODE
OF ORDINANCES, CHAPTER 14: ANIMALS
WHEREAS, Beaufort County ("County") established Chapter 14 of the Beaufort County
Code of Ordinances, referred to as the Animal Control Ordinance, in 2010;
WHEREAS, the County recommends that certain text amendments be made to Chapter
14 in order to better address the health and safety of Beaufort County citizens and visitors;
WHEREAS, the deleted text is struck through and the added text is underlined in Exhibit
A attached hereto and incorporated herein by reference; and
WHEREAS, the Beaufort County Council finds it appropriate and in the best interests of
its citizens and visitors to amend the text as shown in Exhibit A.
NOW, THEREFORE, BE IT ORDAINED, by Beaufort County Council, at a duly
assembled meeting, hereby approves certain text amendments to Chapter 14 of the Beaufort
County Code of Ordinances as described in Exhibit A, attached hereto and incorporated herein by
reference.
Adopted this day of , 2022.
COUNTY COUNCIL OF BEAUFORT COUNTY
mm
ATTEST:
Sarah W. Brock, Clerk to Court
Joseph Passiment, Chairman
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ARTICLE II. - ANIMAL CONTROLu
Sec.14-27. - Definitions.
Whenever used in this chapter, unless a contrary intention is clearly evidenced, the following terms shall be
interpreted as herein defined:
Abandonment shall mean to desert, forsake, or intend to give up absolutely a pet or livestock without securing
another owner or without providing for adequate food, water, shelter, and care. An animal is considered abandoned
when it has been left unattended for 24 hours.
Animal shall mean a live vertebrate creature except a human being.
BCAS shall mean Beaufort County Animal Services.
BCAS director shall mean any person so appointed by the county administrator.
BCAS facility shall mean any facility so designated by the county council for the purpose of impounding, care,
adoption, or euthanasia of dogs and cats held under the authority of this chapter.
BCAS of cer shall mean any person employed by the county as an enforcement officer of the provisions of
this chapter.
Breeder shall mean any person owning unaltered pets with the intent of selling pets' offspring.
County Administrator shall mean the individual in the said position or its assignee or designee.
Domestic shall mean any animal which shares the genetic makeup and/or physical appearance of its ancestors,
which were historically domesticated for human companionship and service.
Dub shall mean to trim or remove.
Feral shall mean any animal that was domesticated at one time, but now lives in the wild or a controlled colony,
or that have been born in the wild and have not been domesticated.
Infraction shall mean a breach, violation, or infringement of this chapter for which the only sentence authorized
is a fine and which violation is expressly designated as an infraction. Infractions are intended to carry a civil penalty
without the possibility of jail and thus are non -criminal in nature.
Kennel shall mean a small shelter for a dog, cat or other animal.
Livestock shall mean all classes and breed of animals, domesticated or feral, raised for use, sale or display.
Muzzle shall mean a guard, typically made of straps or wire, fitted over part of an animal's face to stop it from
biting or feeding.
Non -domestic shall mean any animal which shares the genetic makeup and/or physical appearance of its
ancestors, which were not historically domesticated for human companionship and service.
Nuisance shall mean a pet or livestock 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.
Owner shall mean any person who:
(1) Has a property right in an animal;
(2) Keeps or harbors an animal or who has it in his or her care or acts as its custodian; or
(3) Permits an animal to remain on or about any premises occupied by him or her for three or more days.
Pet shall mean any animal, which may be legally held as a pet by a private citizen without special permit or
permission; i.e., dog (canis familiaris) and/or a domestic cat (felis catus domesticus).
Pit Bull shall mean any dog that is an American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire
Bull Terrier, American Bulldog, American Bully, Cane Corso, or any dog that exhibits physical characteristics
F22
which predominantly conform to the standards established by the American Kennel Club (AKC), United Kennel
Club (UKC), or American Dog Breeders Association (ADBA) for any of the above breeds.
Provocation shall mean an intentional action or statement made to incite anger, aggression, annoyance or a
violent response.
Serious injury shall mean death or any physical injury that results in severe bruising, muscle tears, or skin
lacerations requiring sutures or other professional medical treatment or requires corrective or cosmetic surgery.
Shelter shall mean a structure made of durable material with four walls, a roof, and floor that allows retention
of body heat and is of suitable size to accommodate the animal and will reasonably be expected to protect the animal
from physical suffering or impairment of health due to exposure to the elements or adverse weather.
Tethering shall mean a chain, rope, leash, cable, or other device that attaches the pet via a collar or harness to
a single stationary point.
Unaltered shall mean a pet which has not been spayed or neutered.
Under restraint shall mean when an animal is prevented from freedom of movement or action; and is on the
premises of its owner or keeper or if accompanied by its owner or keeper and under the physical control of the
owner or keeper by means of a leash or other similar restraining_ device.
> ehain,
or-
appr-ep6a4e measttr-e; or- eenfifted by &-nee, ehain, E)r- ether- appropriate ffieasufe within the pr-epei4y ef anether- with
Sec. 14-28. - County pet license; rabies vaccination tags.
It shall be unlawful for the owner of any pet to fail to provide any pet over four months of age with a current
county annual or lifetime license. The owner of any pet over four months of age must also have a current rabies
vaccination tag securely attached to a collar or harness and be visible as proof the pet has been vaccinated by a
licensed veterinarian. No county license will be issued unless proof of rabies inoculation is shown. Any pet owner
who moves into the county for the purpose of establishing residency shall have 30 days in which to obtain the
license.
Sec.14-29. - Lifetime/annual pet license issuance, fees and exemptions.
(a) Eligibility. The owner of a pet after being spayed/neutered and permanently identified, may apply to BCAS
for a lifetime license; the lifetime pet license is only for Beaufort County, South Carolina.
(b) Permanent identification requirement. A person applying for an annual license or lifetime license shall choose
either a tattoo, a BCAS approved tag, or implantation of a microchip as the means of permanent identification
for the pet. Lifetime licenses are transferable to new owners, upon the new owner completing a new BCAS pet
license application, permanent identification form and when applicable, a new registration with the micro -
chipping company. For permanent identification of restricted breeds, see section 14-30.
(c) Pets previously microchipped. If a person has previously had a microchip implanted for his/her pet and seeks
to obtain a lifetime license for the pet, the applicant shall:
(1) Obtain and complete both a lifetime license application and a verification of permanent identification
form as prescribed by BCAS.
(2) Have a licensed veterinarian or shelter employee scan the pet to assure the microchip has been properly
implanted and to obtain the identifying number of the microchip.
F23]
(3) The pet owner and the licensed veterinarian shall complete, date, and sign the verification of a permanent
identification form for the pet in which the microchip was scanned. The verification of permanent
identification form must set forth the identifying number of the microchip scanned, identify the pet by
breed and delineate the age, sex, color, and markings and whether it has been spayed or neutered. In
addition, it must contain the name, address, and phone number of the pet's owner and the name, business
address, and phone number of the person scanning the microchip number. If a veterinarian is involved,
the veterinarian shall set forth his/her veterinary practice license number on the verification of permanent
identification form.
(d) County license and fees. The BCAS director shall establish a fee schedule subject to the approval of county
council. All pet owners of dogs and cats in Beaufort County shall obtain either a lifetime or annual pet license.
(1) Lifetime pet license. To be eligible for a lifetime pet license a pet shall:
a. Be spayed or neutered.
b. Microchipped.
c. Pay the appropriate one-time fee per the published fee schedule.
(2) Annual pet license. All other pets shall be subject to an annual pet license and annual fee, except that the
following exemptions may be eligible for a lifetime license:
a. Any owner of a pet who can furnish a statement from a licensed veterinarian that the pet, due to
health reasons, could not withstand spay/neuter surgery may receive a lifetime license.
b. Any owner of a dog that is currently being used for hunting purposes. Owner must provide a copy
of a valid South Carolina hunting license by the proper state agency and proof that the dog is properly
registered with the South Carolina Department of Natural Resources. Under this exemption, the dog
owner may receive a lifetime license without spaying or neutering the dog.
Sec. 14-30. - Declaration of restricted dog, appeal of breed determination.
(a) For the purposes of this section, a restricted dog shall be defined as a Pit Bull.
(b) No person may own, keep, or harbor a restricted dog in violation of this section.
(c) An owner or custodian of restricted dogs must have the dog spayed or neutered unless the owner of the
restricted dog provides BCAS written proof that one of the following exemptions applies:
(1) The restricted dog is less than four months of age;
(2) A licensed veterinarian has examined the animal and signed a written certificate stating that at such time
spaying or neutering would endanger the animal's health because its age, infirmity, disability or other
medical consideration. The certificate shall state the period of exemption from this requirement and shall
not be valid for more than 12 months from the date of issuance;
(3) The determination of the dog's breed is under appeal pursuant to subsection (f); or
(4) The owner or custodian has owned or had custody of the dog less than 30 days.
(d) An owner or custodian of a restricted dog must provide for the dog's permanent identification by implantation
of a BCAS approved microchip.
(e) Determination of breed and appea4 of deteEminatie .
(1) Determination. The BCAS director or his/her designee, in his or her discretion, may make an initial breed
determination upon contact with, or impoundment of a dog. The determination shall be made by the
director or designee in accordance with BCAS's breed determination checklist. Technical deficiency in
the dog's conformance to the standards defined in section 14-27 for Pit Bulls shall not be construed to
indicate the dog is not a Pit Bulldog under this section.
24
(2) Notice. Upon determination of the breed, the BCAS officer shall deliver written notice of determination
to the owner or any adult residing at the premises where the animal is located or by posting on the premises
if no adult is present. The notice shall include the determination of breed and state the dog shall be spayed
or neutered within ten (10) days of receipt of said notice. ,
administrative pena4ty and netiese ef appeal process.
(3) Compliance. The owner or custodian of an unaltered restricted dog shall comply with this article within
ten days after receipt of notice of restricted dog determination. Upon compliance, the owner or custodian
shall submit written documentation to BCAS confirming compliance. If ownership of the dog is
transferred within the time for compliance, the original owner or custodian must provide BCAS with the
new owner's name and address.
(4) Non-Cowliance. If the owner or custodian of a dog determined to be a restricted breed under this Section
fails to comply with the requirements of this Section then a citation shall be issued by a BCAS Officer
and a hearing shall be held in the Beaufort County Magistrate Court for a final breed determination. If
following a final breed determination by the Beaufort County Magistrate Court, the Court finds the dog
to be a restricted breed, the Court shall require the dog to be spayed or neutered within 10 (ten) days and
require the owner or custodian to provide written verification to BCAS confirming compliance within the
same time period.
If after a final breed determination, the owner or custodian fails to comes with the restricted breed
requirements, BCAS shall petition the Beaufort County Magistrate Court for an animal pickup order or a
search warrant for the tempotempor4a seizure of the dog for ppMoses of enforcing the r uirements of this
Section. The owner or custodian of the restricted dog shall be responsible for any and all costs associated
with enforcing the requirements of this Section.
r-estr-ieted dog, unless 4-Ma A-w-R-ea,4F Aff. Glastediern r-eVests a hearing in wFiting to the Be&Hfei4 GetffAy Magistfate
Sec. 14-31. - Pet breeder license, inspection and fees.
It shall be unlawful for a pet breeder to fail to obtain a county pet breeder license. The requirements for such
a license are as follows:
(a) Individuals engaged or intending to engage in breeding, must obtain a non -transferable pet breeder license
from BCAS.
(b) Applicants must have a valid county annual pet license and microchip for all pets before applying for the pet
breeder license.
(c) BCAS shall conduct an inspection of the identified property for the pet breeders' license requested by the
applicant to determine whether the applicant qualifies to hold a pet breeder license pursuant to this section.
(d) To qualify for a pet breeder license the applicant must demonstrate the following:
(1) The enclosure where the pets are being kept shall be constructed in such a manner that any pets housed
there will be adequately and comfortably kept in any season of the year.
(2) All pet enclosures must be constructed in such a manner that they can be easily cleaned and sanitized.
Any kennels or yards that are connected or are used to confine the pets must be kept clean and free from
accumulations of feces, filth, mud, and debris.
(3) Every pet on the premises must have access to sufficient good and wholesome food, and water at all
times.
(4) The premises must be set up in such a manner as to not allow pets to stray beyond its enclosed confines.
The setup must also prevent the public and stray animals from obtaining entrance into or gaining contact
with any pets on the premises.
F25]
(e) A license will not be issued to an applicant that has pled no contest, or has been found to have violated any
federal, state, or local laws or regulations pertaining to animal cruelty within five years of the date of
application.
(f) The pet breeder license fee published in the fee schedule approved by county council. The license shall expire
365 days after the date it is issued.
(g) Any violations found under the provisions of this chapter shall be grounds for the suspension of the pet
breeder license if deemed necessary by BCAS.
Sec. 14-32. - Dangerous animals.
(a) For the purposes of this section, a dangerous or vicious animal shall be defined to be any one of the following:
(1) An animal which the owner knows or reasonably should know has a propensity, tendency, or disposition
to attack unprovoked, cause injury, or to otherwise endanger the safety of human beings or domestic
animals;
(2) An animal which makes an unprovoked attack that causes bodily injury to a human being and the attack
occurs in a place other thet than the place where the animal is confined;
(3) An animal which commits unprovoked acts in a place other than the place where the animal is confined
and those acts cause a person to reasonably believe that the animal will attack and cause bodily injury to
a human being;
(4) An animal which is owned or harbored primarily or in part for the purpose of fighting or which is trained
for fighting; or
(5) An animal, which is used as a weapon in the commission of a crime.
(b) Notwithstanding paragraph (a) above, a magistrate judge may (or may not) deem an animal a dangerous animal,
after considering the totality of the circumstances, regardless of location of an attack or provocation, when an
attack results in serious injury to a human.
(c) Declaration of a dangerous animal, confinement requirements, and final determination of a dangerous animal
declaration.
(1) Declaration. A BCAS officer or law enforcement officer, in his or her discretion, may make an initial
determination that an animal is dangerous. Upon the initial determination, the officer shall deliver written
notice to the owner or any adult residing at the premises where the animal is located or by posting on the
premises if no adult is present. The notice shall include a description of the animal, a hearing date,
confinement requirements and registration requirements.
(2) When, in the discretion of a BCAS officer or law enforcement officer, the animal initially determined to
be dangerous has caused serious injury to another animal or human, the officer may take temporary
possession of the animal during the pendency of the final dangerous dog determination hearing before a
magistrate judge. When a BCAS officer or law enforcement officer takes temporary possession of an
animal pursuant to this section, the requirements of seetien paragraph (3) of this section, pa-ag -aphs 29
thfo,,g "e"'1shall be held in abeyance during the pendency of a hearing.
(3) Confinement requirements . Every dangerous animal, as determined under this section,
shall be confined by the owner within 72 hours of the notice of dangerous dog determination and until the
final determination of the dangerous dog declaration as follows:
a. All dangerous animals shall be securely confined within an occupied house or residence or in a
securely enclosed and locked pen or kennel, except when leashed as provided in this section. Such
pen, kennel or structure must have secure sides and a secure top attached to the sides.
b. The pe., off. ke,.,«el ..,.. st be el ea-r4 .....,,-Led as eentaining a . anger-aus. animal.
Fs
b. No person shall permit a dangerous animal to go outside its confined space unless
such animal is securely leashed and muzzled with a leash no longer than six feet in length.
An exception to such animal being muzzled may be made if a muzzle would cause harm to the health
of the animal. In order for this exception to apply, the owner shall provide BCAS with a written
statement from a licensed veterinarian stating the name and description of the animal, that a muzzle
will cause harm to the said animal and the IMe of harm which would be caused to the said animal.
If this exception is applicable, then the animal shall be required to wear a harness while on a leash.
!ar
WON......
(4) Final determination of dangerous animal declaration. Notice of a declaration of a dangerous animal
constitutes an initial determination that the animal is dangerous or potentially dangerous. A final
determination shall be made by the Beaufort County Magistrate Court within 30 days or as soon as
practicable. After a final determination and declaration of a dangerous animal by the Beaufort County
Magistrate Court, the owner shall adhere to the following requirements:
a. Insurance Re uirement. Owner must provide BCAS with proof of liability insurance or surety bond
of a least $50,000. If proof of liability is provided, it must adhere to the following requirements:
i. animal must be specifically referred to by name and description;
ii. may not contain exceptions related to liability towards third parties and/or
restricted to Owner's real property; and
iii. may not contain exceptions related to animal bites or injuries to third parties.
b. Notice ofDanizerous Animal. No person owning or harboring or having,the care or the custody of
a dangerous animal may permit the animal to go unconfined on his/her 12remises. A dangerous
animal is "unconfined" as used in this section if the animal is not confined securely indoors or
confined in a securely enclosed fence or securely enclosed and locked pen or run area upon the
person's premises. The pen or run area must be clearly marked as containing a dangerous animal and
must be designed to prevent the entry of the general public, including children, and to prevent the
escape or release of the animal.
C. Registration and License. The owner must obtain a dangerous animal registration/license from
BCAS and pay a fee on the BCAS fee schedule subject to counU council apProval.
jper-fefmanee ef two dag's ffi i dtAies.
See.14-33. - Running at large.
(a) Unlawful. It shall be unlawful for any owner or custodian of any dog to permit, or allow in any way whether
intentionally or unintentionally, the same to run at large except on property owned or rented by the owner or
custodian. All dogs must be kept under restraint or confinement and under the physical control of the owner or
custodian by means of a leash or other physically attached similar restraining device.
1. For purposes of this Section, the term permit shall be defined as an act regardless of the intent of the
owner or custodian of the dog. which allows or provides opportunity for an action to occur.
2. For purposes of this Section the term "run at large" is defined as a do-g off the premises of the owner or
custodian and not under the physical control of the owner or custodian by means of a leash or other
similar restraining device.
F27
3. For purposes of this Section, the term "under restraint" is defined as when a dog is on the premises of its
owner or keeper or if accompanied by its owner or keeper and under the physical control of the owner or
ke er by means of a leash or other similar retraining device.
(b) &empt4en. Emeept as pfe�,4ded h i )a shall bring or- allow any dog, or- any other- animal en
beaeh that is not a4 all times off a leasih- �hetk;;,�_*;_;_ t1he hours of 10.:00 a.m. and 5:00 p.m. f�em April 1 dffeugh
the Thufsday befer-e Mefner-ial Day weekend and ffem the Tuesday after- Labor- Day weekend thr-emugh
September- 30. Ne per -soft shall br-ifig or- allew any deg, er- any ethei-7 anima4, en thebeaeh between the hEffir-s e
1 n.nn d c.nn p F« the Friday be f «e a,ro,,,ef i_Da-y ,.ken +1.. atig1, +he ,,,r,.�day o f Labor- Tf ay
Zv�VV'R1.m2 .T-6S�T� [ilr271TCa�l7vSvr .�rrlvlxxox xux iJuTav'c...�..i... .... �...b.. ..... i. i........) ..� L..�
i-in-d-e-F qi;,�et veiee eeifitfel_ of 4--s- r_.espensible per -seen- h-Letween- -5-00 p.m. and 10-0-0 4-Am April 1 9:&euo
weekend. No per -soft shall bring or allew any deg or- aRy other- animal en the beaeh dte4 is net en a leash or -
From April 1 through the Thufsday before Meffler-iA Day weekend and fiem the Tiiesday after- Labor- Day
pp eanimal, e
E
5.00 P.m.
(0 (b) Exempt dogs. Dogs that are participating in hunting events, obedience trials, conformation shows, tracking
tests, herding trials, lure courses and other events similar in nature shall not be considered "at large". A dog
working in a law enforcement cavacity with a governmental agency and in the performance of the dole's official
duties.
Sec.14-34. - Nuisance pets or livestock.
(a) The actions of a pet or livestock constitute a nuisance when a pet or livestock disturbs the rights of, threatens
the safety of or injures a member of the general public, or interferes with the ordinary use and enjoyment of
their property. Determination of a nuisance pet is a lesser -included offense of a dangerous animal
determination, as defined in Section 14-32.
(1) Final determination of a nuisance pet by the Beaufort County Magistrate Court requires that the owner
shall:
a. If the pet is outdoor and not under restraint the 12et shall be confined to a fenced in area, whereb
the hei Ot of the fence shall be sufficient to keep the pet contained at all times.
b. Regardless of location, the pet shall not be allowed outside of a fenced in area without being ke1t
under restraint or confinement and under the physical control of the owner or custodian by means
of a leash or other Rhysically attached similar restraining device.
(b) It shall be unlawful for any person to own, keep, possess, or maintain a pet or livestock in such a manner so as
to constitute a public nuisance. By way of example, and not of limitation, the following acts or actions by an
owner or possessor of any pet or livestock are hereby declared to be a public nuisance and are, therefore,
unlawful:
(1) Failure to exercise sufficient restraint necessary to control a pet or livestock as required by section 14-33.
(2) Allowing or permitting a pet or livestock 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.
(3) Failure to maintain a dangerous animal in a manner other than that which is described in Section 14-32.
(4) Maintaining pets or livestock in an environment of unsanitary conditions which results in offensive odors
or is dangerous to the pet or livestock or to the public health, welfare, or safety.
28
(5) Maintaining his or her property in a manner 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 pets
or livestock on the property.
(6) Allowing or permitting a pet or livestock to bark, whine, or howl in an excessive, unwarranted, and
continuous or untimely fashion, or make other noise in such a manner so as to result in a serious annoyance
or interference with the reasonable use and enjoyment of neighboring premises.
(7) Maintaining a pet or livestock that is diseased and dangerous to the public health.
(8) Maintaining a pet or livestock that habitually or repeatedly chases, snaps at, attacks, or barks at pedestrians,
bicycles, or vehicles.
(9) Every female pet or livestock in heat shall be confined in a building or secure enclosure in such a manner
as will not create a nuisance by attracting other pets or livestock.
(c) A pet or livestock that has been determined to be a habitual nuisance by BCAS may be impounded and may
not be returned to the owner until said owner can produce evidence to demonstrate that the situation creating
the nuisance has been abated.
(d) It shall be unlawful for any owner of any animal to allow the animal to disturb any person by excessive,
unrelenting, or habitual barking, howling, yelping, or other audible sound. In addition to being a violation of
this section, the same is hereby declared to be a public nuisance that may be abated pursuant to the provisions
specified in chapter 14 of this Code.
e"er-sen in .steely r the . . i by , cares e ffleer-er- law enf .,.,.,... nit e4fi e-r- 4-th .. 12 n
pr-eeeding the first date alleged as a da4e ef vielation in the eewplain4. A wafffing is givell tffider- this
Sec. 14-35. - Animal cruelty and neglect.
(a) Animal care generally. It shall be unlawful for an owner to fail to provide his/her animals with sufficient good
and wholesome food, water at all times, proper shelter and protection from weather, a d or humane care and
treatment. It shall be determined a failure to provide sufficient good and wholesome food, or proper shelter and
protection from weather when an animal has gone without for a period of twelve (12) consecutive hours.
(b) Mistreatment. It shall be unlawful for a person to beat, cruelly treat, torment, overload, overwork, or otherwise
abuse an animal or cause, instigate, or permit any dogfight or other combat between animals or between
animals and humans.
(c) Physical alteration. It shall be unlawful for a person to dye or color artificially any animal or fowl, including,
but not limited to, rabbits, baby chickens, and ducklings, or to bring any dyed or colored animal or fowl into
the county. No person shall crop or dub a pet or livestock's ears, tail, wattle, or comb, except if by a licensed
veterinarian.
(d) Abandonment. It shall be unlawful for any owner to abandon an animal as defined in Section 14-27 of this
Chapter.
(1) Abandonment During Named Storm. It shall be unlawful for an individual to abandon an animal and allow
an animal to remain in a home, building, fence, cage, coop, crate, or any. other structure when any named
tropical storm or named hurricane is expected to impact Beaufort County. For the purpose of this section, a
[29
tropical storm or named hurricane is expected to impact Beaufort County when a tropical storm watch,
warning, or evacuation, or when a hurricane watch, wartime -or evacuation is in effect for Beaufort County.
This Section is applicable to those properties Mecifically located in Special Flood Hazard Areas as described
in the Beaufort County ordinances.
(e) Unlawful tethering. No person owning or keeping a dog shall chain or tether a dog to a stationary object,
including, but not limited to, a structure, dog house, pole, stake, or tree in any manner or by any method that
allows the dog to become entangled or injured. A tethering device employed shall not allow the dog to leave
the owner's, guardian's or keeper's property. The tether shall be designed for dogs and devices not designed for
tethering dogs shall not be used. Only a properly fitted harness, collar or other tethering device specifically
designed for the dog may be used. No chain or tether shall weigh more than one -eighth of the dog's body
weight. When tethered to a stationary object, the tethering device shall be attached to the dog's harness or collar
and not directly to the dog's neck. Nothing in this section shall be construed to prohibit a person from walking
a dog on a hand-held leash. No dog under the age of six months shall be tethered outside for any length of
time, unless under direct supervision of an adult over the age of 18 years old.
No animal shall be tethered during any named tropical storm or named hurricane expected to impact
Beaufort County or whenever flooding could occur. For the purpose of this section, a tropical storm or
named hurricane is expected to impact Beaufort County when a tropical storm watch, warning or evacuation
or a hurricane watch, warning or evacuation is in effect for Beaufort County.
(1) A person owning or keeping a dog may confine such dog outside, subject to the restrictions in this
section, through the use of any of the following methods:
a. Inside a pen or secure enclosure;
b. A fully fenced, electronically fenced or otherwise securely enclosed yard, wherein a dog has the
ability to run but is unable to leave the enclosed yard; or
c. The length of the tether from the cable run to the dog's collar or harness shall allow continuous access
to clean water and appropriate shelter at all times.
(2) Exceptions to the above restrictions on outdoor confinement shall be made for dogs actively engaged in
conduct directly related to the business of shepherding, herding cattle or other livestock, or engaged in
conduct that is directly related to the business of cultivating agricultural products, if the restraint is
reasonably necessary for the safety of the dog.
(fl Animal Neglect. It shall be unlawful for an individual or owner who fails to provide sufficient food or water
for any period of time, provide inadequate shelter, or in general not adequately care for an animal. The violation
of this this Paragraph shall be at the discretion of the BCAS Director or BCAS Officer and shall result in the
issuance of an administrative citation as provided for in Section 14-47.
Sec. 14-36. - Sale of animals, pets or livestock.
(a) No person shall sell, trade, barter, auction, lease, rent, give away, or display for commercial purpose, any live
animal, pet, or livestock on any roadside, public right-of-way, public property, commercial parking lot or
sidewalk, or at any flea market, fair, or carnival.
(b) No person shall offer an animal, pet, or livestock as an inducement to purchase a product, commodity, or
service.
(c) No person shall sell, offer for sale, or give away any animal or pet four weeks of age, except as to surrender
to the BCAS or to a licensed pet rescue organization.
(d) Licensed pet shops, commercial kennels, county animal services facilities, and licensed pet rescue
organizations are exempt from the requirements of this section 14-36.
30
(e) Any sale of wildlife will be reported to the South Carolina Department of Natural Resources, United States
Department of Agriculture, and United States Fish and Wildlife Service.
Sec. 14-37. - Seizure and right of entry to protect abandoned, neglected, or cruelly treated pets or livestock.
(a) Seizure and right of entry. If the owner does not give permission to the BCAS officer for right of entry on
private property to examine suspected abandoned, neglected or cruelly treated pets or livestock, the BCAS
officer shall petition the appropriate magistrate for an animal pickup order or a search warrant for the seizure
of the pet or livestock to determine whether the owner, if known, is able to adequately provide for the pet or
livestock and is a fit person to own the pet or livestock.
(b) Citation. The BCAS officer shall cause to be served upon the owner, if known, and residing within the
jurisdiction wherein the pet or livestock is found, a written citation at least five days prior to the hearing
containing the time, date, and place of the hearing. If the owner is not known or cannot be found within the
jurisdiction wherein the pet or livestock was found, the BCAS officer shall post a copy of the notice at the
property where the animal was seized.
(c) Custody. The pet or livestock shall remain in the custody and care of BCAS until such matter is heard before a
magistrate. The magistrate shall make the final determination as to whether the pet or livestock is returned to
the owner or whether ownership is transferred to the BCAS whereby the pet or livestock may be put up for
adoption or humanely euthanized. If the magistrate orders the return of the pet or livestock to its owner, BCAS
shall release the pet or livestock upon receipt from the owner of all redemption fees as described in section 14-
39, below.
(d) [Euthanasia.}Nothing in this section shall be construed to prohibit the euthanasia of a critically injured or ill
animal for humane purposes, as determined appropriate by BCAS.
Sec. 14-38. - Impoundment.
(a) Any pet or livestock found within the county in violation of the provisions of this chapter may be caught and
impounded by BCAS. BCAS may, thereafter, make available for adoption or humanely euthanize impounded
pets or livestock not positively identified or redeemed within five working days.
(b) When a person arrested is, at the time of arrest, in charge of an animal, BCAS may take charge of the animal
and deposit the animal in a safe place of custody or impound the pet or livestock at an animal care facility.
(c) The owner of a pet or- livesteek dog that may be positively identified shall be notified at the owner's last known
address by registered mail if attempts by telephone are not successful. The owner has ten days fourteen ( 14)
consecutive days from the date of mailing to contact BCAS for pick-up. If the owner does not pick up the said
dog within fourteen (14) consecutive days of notification from BCAS. the dog may be euthanized. Redemption
costs will include the cost of mailing, any established costs, fines, fees, or other charges. If the owner does not
make contact within ten days fourteen ( 14) consecutive days of the date of mailing, the pet or livestock will be
deemed abandoned and becomes the property of BCAS. For pets or livesteek- dogs impounded with BCAS,
the BCAS director or his/her designee in agreement with a licensed veterinarian, shall either place the pet or
livestock for adoption or have the pet e�teek do&humanely euthanized, pursuant to S.C. Code, § 47-3-
540 (Supp. 1999).
(d) Notwithstanding the above, pets or livestock impounded at BCAS facility, which are deemed by the BCAS
director or his/her designee, or a licensed veterinarian to constitute a danger to other pets, livestock or persons
at the facility, or which are infectious to other pets or livestock, in pain, or near death may be humanely
euthanized immediately.
(e) Any pet or livestock surrendered to BCAS may be adopted or euthanized at any time provided there is a
completed and signed surrender form on file for the pet or livestock concerned.
(f) Only government agencies or organizations that are contracted with a government agency to perform animal
control services have the authority to impound animals. All stray animals must be taken or reported to the
BCAS and or affiliated organizations as soon as possible for the mandatory holding period.
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Sec.14-39. - Redemption.
(a) The owner or keeper of any pet or livestock that has been impounded under the provisions of this chapter, and
which has not been found to be dangerous or vicious, shall have the right to redeem such pet or livestock at
any time when proper ownership has been confirmed by BCAS personnel; upon payment of a fee as follows:
(1) For a pet or livestock that has not been properly inoculated, licensed, micro chipped, and spayed or
neutered, the BCAS director or his/her designee may at their discretion issue a warning or administrative
citation for the first offense after a thorough investigation of the circumstances. Redemption fees shall be
published on the BCAS fee schedule and be subject to county council's approval.
(2) In addition to the administrative penalty for a pet or livestock not properly inoculated, licensed,
microchipped and spayed or neutered; an appropriate microchip license fee, the charge for rabies
inoculation, and the cost of spaying or neutering the pet or livestock may be charged to the owner.
(3) Pets or livestock will not be released without proof of inoculation and without an implanted microchip.
The requirements of spaying or neutering shall not be waived under the exemptions in stated subsection
14-29(d) when the pet or livestock (as appropriate) has been impounded a second time for any violations
of sections 14-32, 14-33, 14-34, or 14-35.
(b) In addition to the redemption fee, a boarding fee after 24 hours per the published fee schedule per day per pet
or livestock shall be paid by the owner or keeper when a pet or livestock is redeemed.
(c) The fees set out in this section shall be doubled for any pet or livestock impounded twice or more within the
same 12-month period.
Sec. 14-40. - Adoption.
(a) Any pet or livestock impounded under the provisions of this chapter may, at the end of the legal detention
period, be adopted provided the new owner will agree to comply with the provisions contained in this section.
(b) Any pet or livestock surrendered to BCAS may be adopted at any time provided there is a completed and
signed surrender form on file for the pet or livestock concerned.
(c) Those individuals adopting puppies or kittens too young to be neutered or spayed or receive rabies
inoculations will pay the cost of these procedures at the time of adoption and be given an appointment for a
later time to have these procedures completed. In the event the pet is deceased prior to the appointment date,
the applicable portion of the adoption fee will be returned.
(d) The BCAS director or his/her designee shall have the authority to refuse adoption of any animal to any person
deemed unable to provide proper shelter, confinement, medical care and food; or to any person who has a past
history of inhumane treatment of or neglect to pets or livestock. Any person seeking adoption of a pet or
livestock more frequently than 90 days from the last adoption shall be subject to refusal of adoption. Any
person who has been refused adoption of a pet or livestock may appeal his/her case to the assistant county
administrator for public safety. If any person surrenders an owned pet or livestock to BCAS, they will not be
able to adopt a pet or livestock for 90 days from the date of the original surrender.
Sec. 14-41. - Trapping.
(a) It shall be unlawful for any person or business to conduct trapping of any pets, livestock, or domestic animals
within Beaufort County without prior approval from the BCAS. Any pets, livestock, or domestic animals
trapped with prior approval from the BCAS will be reported or delivered to the BCAS for purposes of
identification of the pet's owner and record keeping of the trapping. It shall be unlawful for any person to
remove, destroy, or liberate any trap and/or trapped animal set by the BCAS or enter any animal services
vehicle with the intent to rescue or deliver it from the custody of the BCAS. If a trapped animal is in need of
immediate attention, the BCAS or 911 shall be notified immediately of the animal in distress.
(b) Exemption. Trapping is permitted for hogs.
Sec. 14-42. - Management of feral cat colonies.
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(a) Definitions.
Caregiver means any person who provides food, water, or shelter to or otherwise cares for a feral cat colony
and has made application to BCAS for management of a feral cat colony.
Caregiver manager means any person in charge of a caregiver program.
Ear tipping means straight-line cutting of the tip of the left ear of a cat while the cat is anesthetized.
Feral cat means a cat which currently exists in a wild or untamed state.
Feral cat colony means a group of cats that congregate. Although not every cat in a colony may be feral,
non -feral cats routinely congregate with a colony shall be deemed to be a part of it.
Nuisance means disturbing the peace by:
(1) Habitually or continually howling, crying or screaming; or
(2) The habitual and significant destruction of property against the wishes of the owner of the property.
Suitable shelter means shelter that provides protection from rain, sun and other elements and is adequate to
protect the health of the cat.
TNR means trap, neuter/spay and release.
TNA program means a program pursuant to which cats are trapped, neutered or spayed, vaccinated against
rabies, ear tipped or tattooed and released to a designated location of a managed colony.
(b) Feral cat colony management. Feral cat colonies shall be permitted (no fee) by BCAS. Caregivers shall be
responsible for applying for a permit for each colony and be entitled to maintain them in accordance with the
terms and conditions of the BCAS policy on feral cat colony management, once the permit is approved by
BCAS.
Sec. 14-43. - Livestock.
(a) All livestock shall be properly housed with adequate food, water, and confined within a fenced enclosure. The
fenced enclosure shall be maintained in such a manner as to keep any average livestock animal from escaping
the enclosed compound and causing damage, accidents, or injury to any person or property. No person shall
tie, stake or fasten any livestock within any street, highway, road, alley, sidewalk, right-of-way, or other public
place within the county or in such manner that the animal has access to any portion of any street, highway,
road, alley, sidewalk, right-of-way, or other public place.
(b) Owners or possessors of livestock impounded for violation of this section or any state and/or federal laws,
will be charged in accordance with actual costs of impoundment plus impounding and boarding fees.
(c) Impounded livestock shall be held for a period of ten days. If such impounded animals are not claimed by the
owners during that period of time, the animals may be given to persons willing to accept them, in the discretion
of BCAS.
(d) Exception. No other swine or livestock shall be kept within the corporate limits of Port Royal and Bluffton
except as is permissible under the municipal zoning regulations. No approval shall be granted or continued if
such keeping shall constitute a menace to health or welfare of the public. To the extent that other sections
within this chapter reference livestock this section shall be controlling.
See. 14-44. - Importation of exotic animals prohibited.
(a) Definition. An "exotic animal" shall be defined as one which would ordinarily be confined to a zoo, or one
which would ordinarily be found in the wilderness of this or any other country or one which is a species of
animal not indigenous to the United States or to North America, or one which otherwise causes a reasonable
person to be fearful of significant destruction of property or of bodily harm and the latter includes, but would
not be limited to, such animals as monkeys, raccoons, squirrels, ocelots, bobcats, lions, tigers, bears, wolves,
hybrid wolves, and other such animals or one which causes zoonotic diseases. Such animals are further defined
33
as being those mammals or those nonvenomous reptiles weighing over 50 pounds at maturity which are known
at law as Ferae Naturae. Wild or exotic animals specifically do not include animals of a species customarily
used in South Carolina as ordinary household pets, animals of a species customarily used in South Carolina as
domestic farm animals, fish contained in an aquarium, birds, or insects.
(b) Unlawful act. It shall be unlawful for any person, firm, or corporation to import into Beaufort County any
venomous reptile or any other exotic animal.
(c) Exceptions. This section shall not apply to following entities:
(1) An entity licensed as a Class R Research Facility by the United States of America or any agency thereof
pursuant to the Animal Welfare Act (7 U.S.C. 2131 et seq.).
(2) An entity properly accredited by the Association of Zoos and Aquariums or the Zoological Association
of America.
(3) An entity licensed as a Class C Facility by the United States of America or any agency thereof pursuant
to the Animal Welfare Act (7 U.S.C. 2131 et seq.) for exhibition not to exceed seven days within a 52-
week period.
(4) A team mascot for a university or educational facility.
Sec. 14-45. - Rabies Control Act (S.C. State Law 47-5-10).
This law is strictly enforced by South Carolina Department of Health and Environmental Control (DHEC) in
cooperation with BCAS and any state, county, or municipal law enforcement agencies.
(a) Vaccinations. It shall be unlawful for any owner of a dog or cat four months of age or older to fail to have
such animal vaccinated against rabies, unless recommended otherwise by a veterinarian for medical reasons.
All dogs and cats shall be vaccinated at four months of age (unless recommended otherwise by a veterinarian)
and revaccinated thereafter at the expiration of the validity of the vaccine used, as shown on the written
document prepared by a licensed veterinarian. The vaccination shall be valid for the period shown on the
document. Any person moving into the county from a location outside the county shall comply with this section
within 30 days after having moved into the county by having the animal vaccinated or showing proof of
current, valid vaccination. If the dog or cat has inflicted a bite on any person or another animal within the last
ten days, the owner of said animal shall report such fact to a veterinarian, and no rabies vaccine shall be
administered until after the required observation or quarantine period.
(b) Proof of vaccination. It shall be unlawful for any person who owns a vaccinated animal to fail or refuse to
exhibit his copy of the certificate of vaccination upon demand to any person charged with the enforcement of
this chapter. A current rabies tag, if provided by the veterinarian administering the vaccine, shall be attached
to a collar, harness or other device and shall be worn by the vaccinated dog or cat at all times. The requirement
for a dog to display a current rabies tag shall not apply to a dog that is displaying a current dog license tag
affixed to a collar, harness, or other device worn on the dog.
(c) Harboring unvaccinated dogs and cats. It shall be unlawful for any person to harbor any dog or cat that has
not been vaccinated against rabies, as provided herein, or that cannot be identified as having a current
vaccination certificate.
(d) Non -transferability. Vaccination certificates and tags are not transferable and cannot be used for any animal
other than the animal that received the vaccination and for which the certificate was originally issued.
(e) Exceptions. No person charged with violating section 14-45, rabies control, shall be convicted if he/she
produces in court a bona fide and valid certificate of vaccination that was in full force and effect at the time of
the alleged violation.
Sec. 14-46. - Interference with a BCAS officer.
It shall be unlawful for any person to interfere with, hinder, or molest a BCAS officer in the performance of
his/her duties or seek to release any pet or livestock in his/her custody without his/her consent.
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Sec. 14-47. - Enforcement and penalties.
(a) The BCAS officer shall be charged with the responsibility of enforcing all ordinances enacted by the county
and contracts entered into with the county for the care, control, and custody of pets or livestock covered by
this article. All violations of this chapter shall be heard by the Beaufort County Magistrate Court.
(b) The provisions of this article shall not apply to any dog or cat owned within the confines of any incorporated
municipality within the county, unless and until the governing body of a municipality requests in writing that
county council include the area of such municipality within the coverage of this article, and
county administration has acted favorably on such request and has so notified such municipality of its approval
of such request.
(c) Any person who violates the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon
conviction, shall be subject to a fine not exceeding the maximum allowed within the jurisdiction of the Beaufort
County Magistrate Court or imprisonment not exceeding 30 days, or both. However, infractions as provided
in paragraph (e) below, are intended to be non -criminal, civil penalties and not subject to jail time.
1 Liabili , to Person Bitten. In addition to the above if a person is bitten or otherwise attacked by a
dog while the person is in a public place or is lawfully in a private place, including the property of the dog
owner or person having the dog in the erson's care or keeping, the dop, owner or person having the d2g in the
person's care or keeping is liable for the damages suffered by the person bitten or otherwise attacked. For the
purposes of this section, a person bitten or otherwise attacked is lawfully in a private place, including the
propea of the dog owner or person having the dog in the erson's care or keeping,keepiag, when the 12erson bitten or
otherwise attacked is on the property in the performance of a duty imposed upon the person by the laws of this
State, the ordinances of Beaufort County, the laws of the United States of America including, but not limited
to, postal regulations, or when the person bitten or otherwise attacked is on the property upon the invitation,
express or implied, of the property owner or a lawful tenant or resident of the property.
a. Exemptions for Liability. This Section does not ap2!y if, at the time a person is bitten or otherwise
attacked:
i. the person who was attacked provoked or harassed the dog and that provocation was the
proximate cause of the attack, or
ii. the dog was working in a law enforcement capacity with a governmental agency and in the
performance of the dog's official duties.
(d) When any person is found guilty of a violation of the provisions of this chapter, or has been found in
noncompliance of a final dangerous dog determination of the court, a magistrate may order possession and
custody of the animal to be surrendered permanently to BCAS at a BCAS facility.
(e) Habitual Violators. In addition to any legal remedy available under the provisions of this Chapter, it shall be
the duty of the BCAS to summon the owner of any animal(s) which is found guilty by the Beaufort County
Magistrate Court of any three 3 violations contained in this Chapter in an • twelve 12 month period to abate
any or all animals from owner's premise. If, after fully hearing the matter and any statement the owner may
make any testimony he/she may offer in his/her behalf concerning the matter, should the Beaufort County
Magistrate Court find such owner is unable or unwilling to adhere to the provisions of this Chapter, the
Beaufort County Magistrate Court shall issue a written order to the owner, directing and requiring him/her
with a certain specified time to relocate the animal(s) to a home with a person unrelated to the owner or
surrender the animal(s) to BCAS.
(e) (d) Infractions resulting in administrative citations and penalties. In addition to the remedies and penalties
contained in this chapter, and in accordance with S.C. Code § 47-3-20, an administrative citation may be issued
for certain infractions of county animal control ordinances. Infractions of this chapter subject to administrative
citation and penalty are in the discretion of the BCAS officer and include, but are not limited to: Mandatory
dog licenses/registration, mandatory rabies vaccination, permitting a dog to run at large, mandatory
35
spay/neuter, and/or warnings for a noisy public nuisance animal or any violation of Section 14-34. Animal
Dan eg rous dog determinations are not violations subject to administrative citations.
The following procedures shall govern infractions of this chapter and the imposition, enforcement,
collection, and administrative review of administrative citations and penalties.
(1) Notice of infraction. If an animal is owned, kept, maintained, or found to be in violation of a county
animal control ordinance, an administrative citation may be issued by the BCAS officer.
(2) Content of citation. The administrative citation shall be issued on a form approved by the BCAS director
and shall contain the following information:
a. Date, location and approximate time of the infraction;
b. The ordinance violated and a brief description of the infraction;
c. The amount of the administrative penalty imposed for the infraction;
d. Instructions for payment of the penalty, and the time period by which it shall be paid and the
consequences of failure to pay the penalty within the required time period;
e. Instructions on how to appeal the citation; and
f. The signature of the animal control officer.
The failure of the administrative citation to set forth all required contents shall not affect the validity of
the proceedings.
(3) Service of administrative citation.
a. If the person who has violated the county animal control ordinance is present at the scene of the
infraction, the BCAS officer shall attempt to obtain his signature on the administrative citation and
shall deliver a copy of the administrative citation to him/her.
b. If the owner, occupant or other person who has an infraction of a county animal control ordinance is
a business, and the business owner is on the premises, the BCAS officer shall attempt to deliver the
administrative citation to him/her. If the BCAS officer is unable to serve the business owner on the
premises, the administrative citation may be left with the manager or employee of the business. If
left with the manager or employee of the business, a copy of the administrative citation shall also be
mailed to the business owner by certified mail, return receipt requested.
c. If no one can be located at the property where the infraction occurred, then the administrative citation
shall be posted in a conspicuous place on or near the property and a copy mailed by certified mail,
return receipt requested to the owner, occupant or other person who has violated the ordinance. The
administrative citation shall be mailed to the property address and/or the address listed for the owner
on the last county equalized assessment roll. The administrative citation shall also be mailed to any
additional addresses for the owner in department records.
(4) Administrative penalties.
a. The penalties assessed for each infraction of a county animal control ordinance shall not exceed the
following amounts:
i. One hundred dollars for a first infraction;
ii. Two hundred dollars for a second infraction of the same administrative abatement order within
one year; and
iii. Five hundred dollars for each additional infraction of the administrative abatement order within
one year.
F36]
b. If the infraction is not corrected, additional administrative citations may be issued for the same
infraction. The amount of penalty shall increase at the rate specified above.
C. Payment of the penalty shall not excuse the failure to correct the infraction nor shall it bar further
enforcement action.
d. The penalties assessed shall be payable to the Beaufort County T+eas+wer- Animal Control Services.
e. Where the infraction would otherwise be a violation, the administrative penalty shall not exceed the
maximum fine or infraction amount.
f. Failure to pay an administrative penalty may result in prosecution or petition for the original
violation(s) in the Beaufort County Magistrate Court.
(5) Administrative appeal of administrative citation.
a. Notice of appeal. The recipient of an administrative citation may appeal the citation by filing a written
notice of appeal with the BCAS. The written notice of appeal must be filed within 20 days of the
service of the administrative citation set forth in subsection (3) above. Failure to file a written notice
of appeal within this time period shall constitute a waiver of the right to appeal the administrative
citation. The notice of appeal shall be submitted on county forms and shall contain the following
information:
i. A brief statement setting forth the appellant's interest in the proceedings;
ii. A brief statement of the material facts which the appellant claims supports his contention that
no administrative penalty should be imposed or that an administrative penalty of a different
amount is warranted;
iii. An address at which the appellant agrees notice of any additional proceeding or an order
relating to the administrative penalty may be received by mail;
iv. The notice of appeal must be signed by the appellant;
V. A check or money order is required, as a deposit, for the total penalty amount shown on the
front side of the citation, before the administrative appeal will be scheduled; and
vi. Indigence must be proved to have the deposit waived.
b. Administrative hearing of appeal. Upon a timely written request by the recipient of an administrative
citation, an administrative hearing shall be held as follows:
i. Notice of hearing. Notice of the administrative hearing regarding the administrative citation shall
be given at least ten days before the hearing to the person requesting the hearing.
ii. The administrative hearing regarding the administrative citation shall be held before the public
safety director, or a designee. The hearing officer shall not be the investigating BCAS officer
who issued the administrative citation or his/her immediate supervisor. The BCAS director may
contract with a qualified provider to conduct the administrative hearings or to process
administrative citations.
iii. Conduct of the hearing. The investigating BCAS officer who issued the administrative citation
shall be required to participate in the administrative hearing regarding the citation. The contents
of the investigating BCAS officer's file may be admitted in support of the administrative
citation. The hearing officer shall not be limited by the technical rules of evidence. If the person
requesting the appeal of the administrative citation fails to appear at the administrative hearing,
the hearing officer shall make a determination based on the information available at the time of
the hearing.
37
iv. Hearing officer's decision. The hearing officer's decision regarding the administrative citation
following the administrative hearing may be personally delivered to the person requesting the
hearing or sent by mail. The hearing officer may allow payment of the administrative penalty in
installments, if the person provides evidence satisfactory to the hearing officer of an inability to
pay the penalty in full at one time. The hearing officer's decision shall contain instruction for
obtaining review of the decision by the circuit court.
(6) Appeal to circuit court. Any person who receives an unfavorable decision from the decision of an
administrative appeal may file an appeal with the circuit court in Beaufort County. The appeal to circuit
court must be filed within 30 days of the notice of the administrative officer's decision being mailed to
the recipient of an administrative citation.
38
s
TOWN OF HILTON HEAD ISLAND
Town Council
3' e
TO:
Hilton Head Island Town Council
FROM:
Mac Deford, General Counsel
VIA:
Joshua Gruber, Deputy Town Manager
CC:
Marc Orlando, Town Manager
DATE:
October 4, 2022
SUBJECT:
Town of Hilton Head Island Animal Control Ordinance Update
RECOMMENDATION:
Town staff presents and recommends that Town Council approves the repeal and
replacement of Chapter 1 of Title 17 of the Town Code entitled Animal Control. This
recommendation is in response to recent changes to Beaufort County's animal control
ordinance.
At its September 20, 2022, meeting, the Town Council unanimously passed first reading
of Ordinance No 2022-17 to repeal and replace the Town's Animal Control Ordinance.
Additionally, as discussed at the September 20, 2022 meeting, the Town will work with
Beaufort County to prepare an emergency preparedness plan that addresses concerns
regarding the relocation of livestock during a natural disaster and a corresponding
communications plan regarding these resources.
BACKGROUND:
The Beaufort County Sheriff's Office provides law enforcement and animal control
services within the Town through an intergovernmental agreement. In January 2016, the
Town Council adopted Beaufort County's animal control ordinance to establish uniformed
animal control laws across Beaufort County. Subsequently, Beaufort County made
substantial amendments to its animal control ordinance, and the Town's ordinance no
longer materially reflects the County ordinance.
As a matter of public concern, the question of whether dogs would be allowed off -leash
under the County's amended ordinance was presented to Town staff. After reviewing the
County's ordinance and engaging in discussions with the County's legal counsel, Town
staff concluded that adoption of the County's amended animal control ordinance would
prohibit dogs from running at -large on Hilton Head Island beaches. In response, Town
staff drafted the proposed changes to the Town's animal control ordinance that is
materially aligned with the County ordinance, with the exception that dogs will continue
to be permitted to run at -large in accordance with existing Town Code.
Stephen G. Riley Municipal Complex
One Town Center Court • Hilton Head Island • South Carolina • 29928
www.hiltonheadislandsc.gov
SUMMARY:
Proposed Ordinance No. 2022-17, if adopted on second reading, will maintain an animal
control ordinance that is materially uniform with Beaufort County's animal control laws
while allowing dog owners to allow their pets off -leash pursuant to the existing Town
Code. Staff recommends that Town Council approve and adopt proposed Ordinance No.
2022-17.
ATTACHMENTS:
1. Draft Ordinance 2022-17
Stephen G. Riley Municipal Complex
One Town Center Court # Hilton Head Island • South Carolina # 29928
www.hiltonheadislandsc.gov
TOWN OF HILTON HEAD ISLAND
Staff Memo
TO:
Hilton Head Island Town Council
FROM:
Mac Deford, General Counsel
CC:
Marc Orlando, Town Manager; Josh Gruber, Deputy Town Manager
DATE:
September 12, 2022
SUBJECT:
Town of Hilton Head Island Animal Control Ordinance Update
Summary
Town staff presents and recommends that Town Council approves the repeal and replacement of
Chapter 1 of Title 17 of the Town Code entitled Animal Control. This recommendation is in
response to recent changes to Beaufort County's animal control ordinance.
Background:
Beaufort County Animal Services provides animal control enforcement in conjunction with the
general law enforcement services that are providedby the Beaufort County Sheriff's Office. These
services are provided within the municipal boundaries of the Town through an intergovernmental
agreement. In January 2016, the Town Council adopted Beaufort County's animal control
ordinance to establish uniformed animal control laws across Beaufort County. Subsequently,
Beaufort County made substantial amendments to its animal control ordinance, and the Town's
ordinance no longer materially reflects the County ordinance.
As a matter of public concern, the question of whether dogs would be allowed off -leash under the
County's amended ordinance was presented to Town staffby the Community Services and Public
Safety Committee ("Committee"). After reviewing the County's ordinance and engaging in
discussions with the County's legal counsel, Town staff concluded that adoption of the County's
amended animal control ordinance would prohibit dogs from running at -large on Hilton Head
Island beaches. In response, the Committee tasked Town staff with drafting the proposed changes
to the Town's animal control ordinance that is materially aligned with the County ordinance, with
the exception that dogs will continue to be permitted to run at -large in accordance with existing
Town regulations.'
'See Town of Hilton Head Code of Ordinances Section 8-1-21
Stephen G. Riley Municipal Complex
One Town Center Court # Hilton Head Island 0 South Carolina • 29928
www.hiltonheadislandsc.gov
r
Conclusion:
Proposed Ordinance No. 2022-17, if adopted, will maintain an animal control ordinance that is
materially uniform with Beaufort County's animal control laws while allowing dog owners to
allow their pets off -leash pursuant to the existing Town Code. Staff recommends that Town
Council approve and adopt proposed Ordinance No. 2022-17.
Stephen G. Riley Municipal Complex
One Town Center Court 0 Hilton Head Island 0 South Carolina 029928
www.hiltonheadislandsc.gov