SC: Tethering Bill now includes Crates and Pens

*Personal Commentary*- Confining an animal in a "cruel manner" as outlined by a-f of (1) is not necessary consistant with what is written in paragraph (1)- an animal in a Cage, crate, pen or even tethered. If that animal is able to stand, turn, sit, lie down in a normal position, has access to sustenance, is properly ventilated, and can eliminate, then is it confined in a cruel manner? Pens? Cages? Even tethering would meet a-f. What do they mean? Are not most kennels pen situations? Is that now considered cruel?

COMMITTEE AMENDMENT AMENDED AND ADOPTED

March 19, 2008

*S. 833*

Introduced by Senator Knotts

S. Printed 3/19/08--S.

Read the first time June 7, 2007.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
47-1-45 SO AS TO PROHIBIT THE TETHERING, FASTENING, CHAINING, TYING, OR
RESTRAINING A DOG TO A STATIONARY OBJECT FOR MORE THAN THREE HOURS A DAY
OR FOR MORE THAN SIX HOURS A DAY ON A TROLLEY SYSTEM; TO PROVIDE CLASS I
MISDEMEANOR CRIMINAL PENALTIES; AND TO AUTHORIZE LOCAL GOVERNMENT BY
ORDINANCE TO VARY THESE REGULATIONS.

Amend Title To Conform

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

SECTION 1. Chapter 1, Title 47 of the 1976 Code is amended by adding:

"Section 47-1-45. (A) It is unlawful to knowingly or intentionally
confine or restrain an animal in a cruel manner or knowingly or
intentionally cause such cruel confinement or restraining of an animal.

(B) For purposes of this section:

(1) 'Confine an animal in a cruel manner' or cruel confinement of an
animal' means confining an animal by means of a cage, crate, pen, or
similar confinement under circumstances in which the person intends to
endanger the animal's health or safety, or the person reasonably should
have known would endanger the animal's health or safety. 'Confine an
animal in a cruel manner' or 'cruel confinement of an animal' includes,
but is not limited to, a confinement that:

(a) confines an animal for such an unreasonable period of time that
the animal's health or safety is endangered;

(b) does not permit an animal to stand, turn around, sit, and lie
down in a normal position;

(c) cause bodily injury to an animal;

(d) does not permit an animal access to sustenance;

(e) does not permit proper ventilation for an animal; or

(f) is not kept in a sanitary condition.

(2) 'Restrain an animal in a cruel manner' or 'cruel restraining of
an animal' means tethering, fastening, chaining, tying, attaching, or
otherwise restraining an animal to a tree, fence, post, or other
stationary object or a running line, pulley, cable trolley system, or
similar system by means of a chain, rope, tether, leash, cable, or
similar restraint under circumstances in which the person intends to
endanger the animal's health or safety, or the person reasonably should
have known would endanger the animal's health or safety. 'Restrain an
animal in a cruel manner' or 'cruel restraining of an animal' includes,
but is not limited to, a restraint that:

(a) restricts an animal's movement for such an unreasonable period of
time that the animal's health or safety is endangered;

(b) is of a weight that excessively burdens an animal;

(c) causes an animal to choke or causes bodily injury to an animal;

(d) is too short for an animal to move around or for an animal to
urinate or defecate in a separate area from the area where the animal
must eat, drink, or lie down;

(e) is situated such that an animal will likely become entangled;

(f) does not permit an animal access to sustenance and shelter;

(g) does not permit an animal to escape reasonably foreseeable harm;

(h) is attached to an animal by means of a collar, harness, or
similar device that is not properly fitted for the age and size of the
animal such that the collar, harness, or similar device causes trauma or
injury to the animal; or

(i) is attached to an unsupervised animal by means of a
choke-type or pronged collar.

(C) A person who knowingly or intentionally violates this section is
guilty of a misdemeanor and, upon conviction, must be punished by
imprisonment not exceeding sixty days or by a fine not less than one
hundred dollars nor more than five hundred dollars, or both, for a first
offense; by imprisonment not exceeding ninety days or by a fine not
exceeding eight hundred dollars, or both, for a second offense; or by
imprisonment not exceeding two years or by a fine not exceeding two
thousand dollars, or both, for a third or subsequent offense. A person
may be issued a correction warning in lieu of an infraction requiring
the person to correct the cruel confinement or restraining of an animal
within seventy-two hours unless the violation endangers the health or
safety of the animal, the animal has been wounded as a result of the
violation, or a correction warning has previously been issued to the
person.

(D) Nothing in this section prohibits local governments from adopting
more stringent local ordinances governing the confinement or restraining
of an animal; however, a local government may assess only civil
penalties for such ordinances."

SECTION 2. This act becomes effective July 1, 2008.