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TO AMEND SECTION 47-3-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS USED IN THE REGULATION OF DANGEROUS ANIMALS, SO AS TO PROVIDE THAT DANGEROUS ANIMALS INCLUDE CERTAIN BREEDS AND SPECIES, INCLUDING PIT BULLS, TO AUTHORIZE BUT NOT REQUIRE, COUNTY GOVERNING BODIES TO DESIGNATE OTHER BREEDS OR SPECIES AS DANGEROUS ANIMALS; AND TO DELETE THE PROVISION THAT AN ANIMAL IS NOT A DANGEROUS ANIMAL SOLELY BY VIRTUE OF ITS BREED OR SPECIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 47-3-710 of the 1976 Code, as amended by Act 374 of 1992, is further amended to read:
Section 47-3-710. (A) As used in this article 'dangerous animal' means an animal of the canine or feline family:
(1) which 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;
(2) which:
(a) makes an unprovoked attack that causes bodily injury to a human being and the attack occurs in a place other than the place where the animal is confined as required by Section 47-3-720; or
(b) commits unprovoked acts in a place other than the place where the animal is confined as required by Section 47-3-720 and those acts cause a person to reasonably believe that the animal will attack and cause bodily injury to a human being;
(3) which is owned or harbored primarily or in part for the purpose of fighting or which is trained for fighting.
(B) 'Dangerous animal' includes, certain breeds or species, which are known to have a propensity, tendency, or disposition to attack unprovoked, cause injury, or otherwise endanger the safety of human beings or domestic animals, including but not limited to, pit bulls. A county governing body may, but is not required to, designate other breeds or species as dangerous animals; however, such designation is not required for a breed or species to be included in the definition of 'dangerous animal'.
(C) 'Dangerous animal' does not include:
(1) an animal used exclusively for agricultural purposes; or
(2) an animal which attacks a person who is trespassing or who appears to be trespassing. A trespasser is a person who is not lawfully upon the premises of the owner, as set forth in Section 47-3-770(A).
(C) An animal is not a 'dangerous animal' solely by virtue of its breed or species.
(D) As used in this article 'owner' means a person who owns or has custody or control of the animal.
(E) As used in this article, 'injury' or 'bodily injury' means (1) broken bones, (2) lacerations, (3) punctures of the skin, or (4) any physical injury resulting in death."
SECTION 2. This act takes effect July 1, 2008.
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