SOUTH CAROLINA STATUTES
TITLE 23. LAW ENFORCEMENT AND PUBLIC SAFETY
CHAPTER 13. DEPUTY SHERIFFS GENERALLY
ARTICLE 1. GENERAL PROVISIONS
23-13-70. Duty to patrol county.
The deputy sheriffs shall patrol the entire county at least twice a week by sections assigned to each by the sheriff, remaining on duty at night when occasion or circumstances suggest the propriety thereof to prevent or detect crime or to make an arrest. They shall always be on duty for not less than ten hours a day, except when granted occasional indulgences or leaves of absence by the sheriff. They shall frequent railroad depots, stores and other public places where people congregate, disorder is probable, vagrants may be loafing or alcoholic liquors may be sold, bartered or given away and they shall as often as practicable ride by houses that are off the public highways and in lonely parts of the county, especially such as are without male protectors, and shall use every means to prevent or detect, arrest and prosecute for breaches of the peace, drunkenness, using obscene language, boisterous conduct or discharging of firearms on the public highways or at any public place or gathering, carrying weapons contrary to law, gambling, vagrancy, setting out fire, violation of the game and fish laws, cruelty to animals or children, violation of the child labor laws, lynching and for the violation of every law which is detrimental to the peace, good order and morals of the community.
47-1-10. "Animal" and "animals" defined.
In this chapter the words "animal" or "animals" shall be held to include all brute creatures.
47-1-20. Acts of agents imputed to corporations.
The knowledge and acts of agents and persons employed by corporations in regard to animals transported, owned or employed by or in the custody of such corporations shall be held to be the acts and knowledge of such corporations.
47-1-30. Wilful abuse of horses or other beasts of burden.
Whoever shall wilfully abuse or cruelly treat any horse, mule or other draught animal or beast of burden shall, upon conviction thereof before any court of competent jurisdiction, suffer imprisonment for fifteen days or pay a fine of fifteen dollars, except that if such person shall be the owner or have the charge or custody of such animal the provisions of s 47-1-40 shall apply.
47-1-40. Ill-treatment of animals generally.
(A) Whoever overloads, overdrives, overworks, or ill-treats any animal, or deprives any animal of necessary sustenance or shelter, or inflicts unnecessary pain or suffering upon any animal, or causes these things to be done, for every offense is guilty of a misdemeanor and, upon conviction, must be punished by imprisonment not exceeding sixty days or by a fine of not less than one hundred dollars nor more than four hundred dollars 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. Notwithstanding any other provision of law, a first offense under this subsection shall be tried in magistrate's court.
(B) Whoever tortures, torments, needlessly mutilates, cruelly kills, or inflicts excessive or repeated unnecessary pain or suffering upon any animal or causes the acts to be done for any of the offenses is guilty of a misdemeanor and, upon conviction, must be punished by imprisonment of not less than one hundred eighty days and not to exceed two years and by a fine of five thousand dollars.
(C) This section does not apply to fowl, accepted animal husbandry practices of farm operations, the training of animals, the practice of veterinary medicine, or activity authorized by Title 50.
47-1-50. Cruel work or carriage in vehicles; unnecessary torture; penalties.
(A) An owner, a possessor, or a person having the charge or custody of an animal may not:
(1) cruelly drive or work it when unfit for labor;
(2) carry it, or cause it to be carried, in or upon a vehicle or otherwise in an unnecessarily cruel or inhuman manner; or
(3) knowingly or wilfully authorize or permit it to be subjected to unnecessary torture, suffering, or cruelty.
(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished for each offense in the manner prescribed in Section 47-1-40.
47-1-60. Cutting muscles of tails of horses, asses, mules, mares, or geldings prohibited.
Any person who (a) cuts the tissue or muscle of the tail of any horse, ass, mule, mare or gelding, or otherwise operates upon it in any manner for the purpose or with the effect of altering the natural carriage of the tail, except when such cutting or operation is necessary for the health or life of the animal, as certified to in writing by a licensed veterinarian, (b) causes, procures or knowingly permits such cutting or operation to be done or (c) assists in or is voluntarily present at such cutting or operation shall be guilty of a misdemeanor.
Any person convicted of violating any of the provisions of this section shall be fined not less than fifty nor more than one hundred dollars or imprisoned not less than fifteen nor more than thirty days.
47-1-70. Abandonment of animals; penalties; hunting dog exception.
(A) A person may not abandon an animal. As used in this section "abandonment" is defined as deserting, forsaking, or intending to give up absolutely an animal without securing another owner or without providing the necessities of life. "Necessities of life" includes:
(1) adequate water which means a constant access to a supply of clean, fresh, and potable water provided in a suitable manner for the species at least once daily;
(2) adequate food which means provision at suitable intervals of quantities of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition to allow for proper growth and weight;
(3) adequate shelter which means shelter that reasonably may be expected to protect the animal from physical suffering or impairment of health due to exposure to the elements or adverse weather.
(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred nor more than five hundred dollars or imprisoned not more than thirty days, or both. Offenses under this section must be tried in the magistrate's court.
(C) A hunting dog that is positively identifiable in accordance with Section 47-3-510 or Section 47-3-530 is exempt from this section.
§ 47-1-80. Destruction of abandoned infirm animal.
Any agent or officer of the Department of Health and Environmental Control or police officer or officer of the South Carolina Society for the Prevention of Cruelty to Animals or of any society duly incorporated for that purpose may lawfully destroy, or cause to be destroyed, any animal found abandoned and not properly cared for, appearing to be glandered, injured or diseased past recovery for any useful purpose.
§ 47-1-90. Overloading and length of confinement of animals in railroad cars.
No railroad company in the carrying or transportation of animals shall overload the cars nor permit the animals to be confined in cars for a longer period than thirty-six consecutive hours without unloading them for rest, water and feeding for a period of at least five consecutive hours, unless prevented from so unloading by storm or other accidental causes beyond the control of such railroad company; provided, however, that when animals shall be carried in cars in which they can and do have proper food, water and space and opportunity for rest, the foregoing provisions in regard to their being unloaded shall not apply.
In estimating such confinement the time during which the animals have been confined without such rest on connecting roads from which they are received shall be included, it being the intent of this section to prohibit their continuous confinement beyond the period of thirty-six hours, except upon the contingencies hereinbefore stated.
§ 47-1-100. Care of animals unloaded during transit.
Animals unloaded as required by s 47-1-90 shall be properly fed, watered and sheltered during such rest by the owner or person having the custody thereof or, in case of his default in so doing, then by the railroad company transporting such animals at the expense of the owner or person in custody thereof; and the company shall, in such case, have a lien upon such animals for food, care and custody furnished and shall not be liable for any detention of such animals.
§ 47-1-110. Violations of ss 47-1-90 and 47-1-100.
Any company or the owner or custodian of such animals who shall fail to comply with the provisions of ss 47-1-90 and 47-1-100 shall, for each and every such offense, if found guilty, be fined not less than fifty nor more than five hundred dollars, in any court of competent jurisdiction.
s 47-1-120. Custody of animals in charge of arrested persons.
When any person arrested is, at the time of such arrest, in charge of any animal or any vehicle drawn by or containing any animal, any agent of the South Carolina Society for the Prevention of Cruelty to Animals, or of any society incorporated for that purpose, may take charge of such animal and of such vehicle and its contents and deposit them in a safe place of custody or deliver them into the possession of the police or sheriff of the county or place wherein the arrest was made, who shall thereupon assume the custody thereof; and all necessary expenses incurred in taking charge of such property shall be a lien thereon.
§ 47-1-130. Arrest for violation of laws prohibiting cruelty to animals.
Any person violating the laws in relation to cruelty to animals may be arrested and held, without warrant, in the same manner as in the case of persons found breaking the peace.
§ 47-1-140. Care of animals after arrest of person in charge.
The person making the arrest, with or without warrant, shall use reasonable diligence to give notice thereof to the owner of the animals found in the charge or custody of the person arrested, if such person be not himself the owner, and shall properly care and provide for such animals until such owner shall take charge of them; and the owner shall take charge of the animals within fifteen days from the date of such notice. The person making such arrest shall have a lien on the animals for the expense of such care and provision. But if such person making the arrest be an agent of the South Carolina Society for the Prevention of Cruelty to Animals, or other society incorporated for that purpose, the provisions of s 47-1-120 shall apply in lieu of the provisions of this section.
§ 47-1-150. Issuance of search warrant.
When complaint is made on oath or affirmation to any magistrate authorized to issue warrants in criminal cases that the complainant believes and has reasonable cause to believe that the laws in relation to Cruelty to animals have been or are being violated in any particular building or place, such magistrate, if satisfied that there is reasonable cause for such belief, shall issue a search warrant authorizing any sheriff, deputy sheriff, deputy State constable, constable or police officer to search such building or place; but no such search shall be made after sunset, unless specially authorized by the magistrate upon satisfactory cause shown.
§ 47-1-160. Disposition of fines.
All fines collected for violations of this chapter must be distributed as follows:
(1) If the trial court finds that there was a nonprofit animal humane organization in the municipality or county materially involved in or aiding in the prosecution of the violation, one-half of the fine must be distributed to the nonprofit animal humane organization and the remaining one-half must be distributed as is otherwise provided by law.
(2) If there is no finding of material involvement or aiding in the prosecution of the violation by a nonprofit animal humane organization, the fine must be distributed as is provided by law."
§ 47-1-170. Penalties, fines and costs constitute lien on animal cruelly treated.
All penalties, fines and costs incurred by reason of violations of any of the provisions of ss 47-1-40, 47-1-50, 47-1-90, 47-1-100, or 47-1-140 shall constitute and be a lien upon the animal so cruelly used.
§ 47-1-200. Requirements for transfer of animals and importation or exportation of dog or cat; penalties for violations.
(A) During transportation, an animal must not be confined in one area for more than twenty-four consecutive hours without being adequately exercised, rested, fed, and watered. The time may be extended reasonably when an act of God causes a delay. The animal must be provided adequate space and ventilation.
(B) A dog or cat under eight weeks of age must not be imported or exported without being accompanied by its dam.
(C) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred nor more than five hundred dollars or imprisoned for not more than thirty days, or both.
