Download This Version in Microsoft Word format
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.
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 tether, fasten, chain, tie, or restrain a dog, or cause such restraining of a dog, to a tree, fence, post, dog house, or other stationary object for more than three hours in a twenty-four-hour period. During periods of tethering that are not unlawful under this subsection, any tethering device used must be at least fifteen feet in length and attached in such manner as to prevent strangulation or other injury to the dog and entanglement with objects other than the stationary objects to which the device is attached.
(B) It is unlawful to tether, fasten, chain, tie, or restrain a dog, or cause such restraining of a dog, to a cable trolley system, that allows movement of the restraining device, for more than six hours in a twenty-four-hour period. During periods of tethering that are not unlawful under this subsection, the length of the cable along which the tethering device can move must be at least ten feet, and the tethering device must be of such length that the dog is able to move ten feet away from the cable perpendicularly.
(C) It is unlawful to attach a chain or wire or other tethering device to, or cause such attachment to, a choke-type or pronged collar on a dog.
(D) It is unlawful to attach a chain or wire or other tethering device to a dog in such manner that does not allow the dog access to water and shelter.
(E) A person who knowingly or intentionally violates subsection (A), (B), (C), or (D) is guilty of a misdemeanor and must be punished in the manner prescribed in Section 47-1-40(A).
(F) Notwithstanding the provisions of subsections (C) and (D), a person may, subject to the provisions of subsections (C) and (D) of this section:
(1) tether and restrain a dog while actively engaged in:
(a) use of the dog in shepherding or herding livestock;
(b) use of the dog in the business of cultivating agricultural products, if the restraining is reasonably necessary for the safety of the dog; or
(c) use of the dog in lawful hunting activities if the restraint is reasonably necessary for the safety of the dog.
(2) after taking possession of a dog that appears to be a stray dog and after having advised animal control authorities of the capture of the dog, tether and restrain the dog during such time as the person having taken possession of the dog is seeking the identity of the owner of the dog;
(3) walk a dog with a handheld leash.
(G) A county, city, or town may by ordinance:
(1) reduce the time of permissible tethering provided in subsections (B) and (C) of this section, including a prohibition on tethering;
(2) increase the permitted time for tethering on a rope or chain provided in subsection (B) from three to as many as nine hours;
(3) increase the permitted time for tethering on a pulley system provided in subsection (C) from six to as many as twelve hours in any twenty-four-hour period."
SECTION 2. This act becomes effective July 1, 2008.
This web page was last updated on Monday, June 22, 2009 at 3:09 P.M.