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CHAPTER 4: ANIMALS IN THE CITY OF MYRTLE BEACH Sec. 4-1. Definitions Unless
otherwise provided, the following terms and phrases shall have the following
meanings in this chapter:
Abandonment: Deserting, forsaking of all
rights or intending to give up absolutely any animal
Animal: Any nonhuman living thing,
whether wild or domesticated, typically having characteristics
distinguishing it from a plant, as the ability to move voluntarily, the
presence of a nervous system and a greater ability to respond to stimuli,
the need for complex organic materials for nourishment obtained by eating
plants or other animals, and the delimitation of cells usually by a membrane
rather than a cellulose wall; any animal other than humans.
Animal Control Officer: The person or
office, other than sworn law enforcement officers, designated by the city
to enforce this chapter.
Animal Shelter: Any facility or premises
designated by the city for the purpose of the impoundment, care or
euthanasia of animals impounded pursuant to this chapter.
Cat: All members of the feline family.
Contract Enforcement Agency: Any
organization or business designated by the manager to assist, administer or
enforce this chapter.
Dog: All members of the canine family.
Euthanasia: The act of putting an animal
to death in a humane manner, pursuant to any applicable state law or
regulation.
Guard dog or attack dog: Any dog which
has been trained to attack persons independently or upon command; or, while
not so trained, which is reasonably expected to perform as a guardian of its
owner and/or the property upon which and within which the dog is situate; or
which is owned or used by a licensed security service.
Impound: To confine humanely while
providing adequate food, shelter and ventilation.
Kennel: Any facility wherein a person,
business entity or organization regularly keeps six or more dogs or other
animals for any purpose and receives compensation or barter for the service
or for the sale of the animal, or a owner or keeper of four or more dogs
over four months of age. Mistreatment of animals: A failure, whether intentional or not, to provide veterinary care or wholesome and adequate food, water and appropriate shelter, kept free of waste and debris and which provides protection from harsh weather. Mistreatment shall also include any restraint of an animal which causes injury, or any action to override, overload or cruelly torment, injure or beat any animal. Mistreatment shall also include poisoning, whether intentionally or negligently. Mistreatment shall include maintaining animals in an environment of unsanitary conditions which results in offensive odors or is dangerous to the animal or to the public health, welfare or safety. Mistreatment shall include maintaining 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 animals on the property or maintaining an animal that is diseased and dangerous to the public health
Neutered male: Any male animal which has
been operated on to prevent reproductive function.
Nuisance animal: Any animal whose conduct
as permitted by the owner or keeper which 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. with such intensity or
duration so as to constitute a continuing injury, annoyance, inconvenience
or discomfort to the public health, safety and welfare. Frequency of
conduct may be a factor in determining nuisance; however, one incident may
be sufficient to declare an animal to be a nuisance animal.
Owner or keeper: Any person who has a
legally cognizable right of personal property in an animal; or keeps,
harbors, maintains an animal; or has an animal within care, custody and
control; or acts as custodian of any length of time; or permits an animal to
remain on or about the premises occupied, owned, leased, rented or lawfully
accessed by the person
Run at large: An animal being off the
premises of the owner or keeper; or not under the direct physical control of
the owner or keeper by means of a leash or similar restraining device.
Spayed female: Any female animal which
has been operated on to prevent conception.
Stray animal: Any animal running at large
with no identifiable owner. An animal without a required affixed city
license and rabies tag is deemed to be stray and the owner unidentifiable.
Vicious or dangerous animal: The
determination of vicious or dangerous animals is guided by consideration of
the following factors, which are listed by way of illustration and not
limitation: An animal with a history, propensity or inclination to attack
unprovoked, to cause injury to, or otherwise endanger the health, safety or
welfare of persons or domestic pets; an animal which has attacked unprovoked
any person or other animal, whether or not the attack occurs on the owner’s
or keeper’s premises; any animal kept, harbored or trained as a fighting
animal; the frequency, intensity and duration of aggression; the animal’s
behavior, size, temperament, breed, and capacity for inflicting serious
injury; the adequacy of the enclosure or confinement of the animal, if any;
the likelihood that the conditions pertaining to the animal and the animal’s
confinement are detrimental to the safety or welfare of citizens, or peace
and tranquility of citizens in the immediate surrounding area; the proximity
of children; an animal that has bitten a human being or domestic animal
without provocation or a trespass or has approached a person in an apparent
attitude of attack; that the animal has a known propensity, reputation,
tendency or disposition to attack unprovoked; to cause injury or to
otherwise endanger the safety of human beings or domestic animals; or other
similar factors which would be relevant to a determination of whether or not
the animal is vicious or dangerous.
Wild or feral animal: Any animal which
is untamed, feral, or not naturally tame or gentle, and which is of a wild
nature or disposition, or which is capable of killing, inflicting serious
injury on, or causing disease among humans or domesticated animals; or
having known tendencies as a species to do so; which shall include, but not
be limited to any nondomesticated member of the order Carnivora; all
nondomesticated members of the family felidae; wolves, wolf-dog hybrids
containing any percentage of wolf, coyotes and foxes; badgers, wolverines,
weasels, skunks and mink; raccoons; bears; nonhuman primates to include
apes, monkeys, baboons, macaques, lemurs, marmosets, tamarins and other
species of the order primates; bats; alligators, crocodiles, caimans, and
turtles; scorpions; any snakes or venomous reptile; or lizards over two feet
which are members of the family varanidae. Sec. 4-2
Animal control officers; records; warrants; pursuit. (a) Powers, authority and duties. The city manager shall designate by appointment the animal control officer who shall be vested with the authority to enforce and otherwise administer the provisions of this chapter. The city manager shall have the authority and discretion to enter into agreements with contract enforcement agencies to enforce and otherwise administer all or part of the provisions of this chapter. Nothing herein shall abridge, modify or supplant the authority of sworn law enforcement officers to enforce these provisions or any other laws regarding animal control in the furtherance of public health, safety and welfare or act or be interpreted to abridge the authority of sworn law enforcement officers to seize animals under exigent circumstances when public health, safety or welfare require the exercise of police powers. (b) Records. Records shall be maintained in a manner consistent with all applicable laws and regulations, and shall be subject to periodic inspections and audit. Accurate and complete records shall be kept relating to inoculations, licensing, fines, and fees, impoundment and disposition of animals. (c) Search warrants: The animal control officer may obtain a search warrant to enter any premises upon which there is probable cause to believe that a violation of this chapter exists. The animal control officer, with the search warrant, may seize or impound the animal whenever the action is appropriate to achieve the purposes of this chapter.
(d) Pursuit
of rabid, abused or dangerous animals. The animal control officer is
authorized and empowered to follow and enter upon any enclosure or lot,
public or private, within the city in the quest to seize or impound any
animal which the officer has reasonable cause to believe is rabid, abused,
neglected or dangerous and to take custody of the animal to achieve the
purposes of this chapter. Sec.
4-3. Interference with officers; unauthorized release. (a) It shall be unlawful for any person to interfere with, hinder or molest the animal control worker or law enforcement officer in the performance of duty or to seek the release of any pet in custody without consent or hearing. No attempt to assist the animal control officer is authorized without the animal control officer’s expressed consent.
(b) No
person may release from impoundment any animal placed in impoundment by the
animal control officer or law enforcement officer without meeting the
requirement of this chapter. Sec.
4-4 Abandoned animals; mistreatment of animals; injured animals. (a) It shall be unlawful to abandon or mistreat any animal. An abandoned animal or mistreated animal may be immediately impounded pursuant to warrant or under exigent circumstances to alleviate suffering. When identifiable, the owner or keeper shall be subject to the institution of criminal process for violation of this section in addition to impoundment of the animal. When determined by a court of competent jurisdiction to have been abandoned or mistreated, the animal may not be redeemed by the owner or keeper.
(b) Citizens
shall have a duty to report the injury of an animal to the animal shelter,
animal control officer or a law enforcement officer. Injured animals
received by the animal shelter may be destroyed if the owner or keeper
cannot be located within two hours. If the animal is suffering, the animal
control officer or the animal shelter may, for humanitarian purposes,
administer immediate euthanasia. Sec. 4-5. Nuisance animals
(a) It
shall be unlawful for any person to own, keep, possess or maintain an animal
in such a manner as to constitute a public nuisance. Animal control officers
and law enforcement officers may institute criminal process upon probable
cause. Citizens may institute criminal process against the owner or keeper
or a nuisance animal by way of warrant lawfully issued by a ministerial
recorder, municipal judge or magistrate. A nuisance animal may be
immediately impounded by the animal control officer or a sworn law
enforcement officer upon a reasonable determination of the exigencies
concerning public health, safety and welfare or to alleviate an animal’s
suffering. By way of example and not of limitation, the following acts or
actions by an owner or keeper of any animal are declared to be a public
nuisance and are therefore unlawful: 1) Failure to exercise sufficient restraint necessary to control an animal as required by law or by allowing the animal to become stray. 2) Allowing or permitting an animal 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) Keeping, owning or displaying a vicious or dangerous animal or wild or feral animal as defined in this chapter. 4) Maintaining animals in an environment of unsanitary conditions which results in offensive odors or is dangerous to the animal or to the public health, welfare or safety. 5) Maintaining 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 animals on the property. 6) Allowing or permitting an animal to bark, whine, howl, crow or cackle in an excessive, 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 an animal that is diseased and dangerous to the public health. 8) Maintaining an animal that habitually or repeatedly charges, chases, snaps at, attacks or barks at pedestrians, bicycles or vehicles.
9) By
not confining a female pet in heat. Every female pet in heat shall be kept
confined in a building or secure enclosure in such manner as will not create
a nuisance by attracting other animals.
Section 4-6 Animals running at large;
leash required; licensing of dogs and cats; rabies inoculation required;
removal of excretion from public ways. (a) It shall be unlawful for any owner or keeper to intentionally or negligently allow an animal to run at large. Except in parks designated and posted by the city, any animal off the property of the owner or keeper shall be on a leash not exceeding seven feet in length and shall be under the control and command of the person; provided however, domesticated cats are not required to be on a leash when off the property of the owner or keeper. (b) It shall be unlawful to own or keep a dog or cat without a city license. All dogs or cats four months of age or older shall be licensed by the city. An annual license fee for each male dog or cat, neutered or not neutered and any female dog or cat, spayed or not spayed. Proof of rabies inoculation shall be required before a city license can be issued. The license issued must be worn by the dog or cat on a collar or harness securely affixed. The fee schedule shall be approved by City Council from time to time and shall be available from the City Clerk. Licenses issued pursuant to this article shall expire on June 30 of each year. New licenses shall be available on June 1 of each year at the animal shelter or other designated places in the city. All dogs and cats shall be inoculated for rabies. (c) Prior to July 1 of each year, every owner or keeper of a dog or cat four months old or older shall have the animal inoculated against rabies. Evidence of inoculation shall consist of a certificate signed by a licensed graduate veterinarian or the duly authorized person administering the vaccine. This certificate shall be in a form prepared and issued by the state board of health, and no other certificate shall be used. The veterinarian may stamp or write his name and address on the certificate. A copy of the certificate shall be kept by the owner, filed by the health department and retained by the veterinarian. Coincident with the issuance of the certificate of inoculation, there shall be issued a serially numbered metal tag bearing the number and year of the certificate of inoculation, and which identifies the person administering the vaccine. The metal tag shall be affixed to a collar or harness to be worn by the dog or cat at all times.
(d) It
shall be unlawful to fail to promptly remove and properly dispose of all
feces left by the animal on any public property or any private property not
owned by the owner. Failure to remove excreta and improper disposal of fecal
matter are deemed unlawful conduct by the owner so as to make the animal a
nuisance animal. Sec.
4-7. Vicious, dangerous or wild or feral animals prohibited; exceptions. (a) Except as provided herein, it shall be unlawful for any person to own, keep, harbor or act as custodian of a: (1) Vicious or Dangerous animal. This section does not apply to guard dogs or attack dogs which are properly and securely confined. Any guard dog or attack dog which escapes confinement for any length of time or which, when not in confinement, is not on a leash under the direct control of a responsible adult which commands the animal, shall be considered a dangerous animal. An animal shall not be deemed dangerous if: it bites, attacks or menaces anyone assaulting the owner; a trespasser on the property of the owner; or any person or other animal who has tormented or abused it; or it is protecting or defending its young or another animal.
(2) Wild
or feral animal in such a way as prohibited by this chapter. Animal control
officers and law enforcement officers upon probable cause or citizens by way
of warrant lawfully issued may institute criminal process against the owner
or keeper of a vicious or dangerous animal, or a wild or feral animal. A
vicious or dangerous animal may be immediately impounded by the animal
control officer or a sworn law enforcement officer upon a reasonable
determination of the exigencies concerning public health, safety and
welfare or to alleviate an animal’s suffering, or by warrant lawfully
issued upon probable cause.
(b) It
shall be unlawful for any person to sell, expose to public view or contact,
exhibit either gratuitously or for a fee, any wild or feral animals, or any
animal of mixed domestication and feral lineage within the corporate limits
of the city on public or private property, except as provided herein in (c).
Animal control officers and law enforcement officers upon probable cause or
citizens by way of warrant lawfully issued may institute criminal process
against the owner, keeper or merchant of a wild or feral animal. A wild or
feral animal may be immediately impounded by the animal control officer or a
sworn law enforcement officer upon a reasonable determination of the
exigencies concerning public health, safety and welfare or to alleviate an
animal’s suffering, or by warrant lawfully issued upon probable cause.
(c) The
prohibition shall not apply to the keeping of wild or feral animals in the
following circumstances: (1) The keeping of wild or feral animals in a public zoo, bona fide education or medical institution, humane society, or museum where they are kept as live specimens for the public to view, or for the purpose of instruction, research or study. (2) The keeping of wild or feral animals for exhibition to the public by a bona fide traveling circus, carnival, exhibit or show, properly licensed and permitted by state and local law. (3) The keeping of wild or feral animals by a bona fide, licensed veterinary with hospital for treatment. (4) The keeping of wild or feral animals by a wildlife rescue organization. (5) The keeping of wild or feral animals by a private citizen confined on private property so as not to exhibit or expose to public view or contact. (6) The noncustodial long-term oversight and care, to include the provision of food, shelter and health monitoring, of a feral domestic cat as a result of a Trap-Neuter-Release management plan implemented by Sav-R-Cats International, Inc. or a similar eleemosynary organization legally incorporated and recognized by the City of Myrtle Beach to provide such services, provided however that the release component of the program shall not include any residential area and the addresses of the actual locations of release shall be provided to the City of Myrtle Beach. (7) The offering for sale of animals by a duly licensed pet shop consistent with all applicable state and federal laws pertaining to animal possession and treatment. A service animal, as defined by the Americans With Disabilities Act (ADA), is not a pet and therefore cannot be sold as a pet. The ADA defines a service animal as any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. “Pet Shop” shall mean any person or business entity operating a business enterprise involving human companion animals for sale, trade, or exchange as a pet, regardless of the percentage of its overall business or devotion to floor space for the purpose of keeping animals. A pet shop may be either a business operation with its primary business purpose as defined by the Standard Industrial Code as a pet shop or pet store, or a commercial enterprise offering animals for sale as part of fungible inventory, provided however the purveyor qualifies under this exemption only if the following mandatory provisions are met and attested to as a condition of the business license, and the provisions are maintained during the life of the business as long as it involves animals. Food and water Animals kept at pet shops shall be given adequate wholesome food and potable water consistent with the needs of each animal, considering its species, size, sex, and age. Sanitary conditions Food and bedding shall be clean, dry, and vermin-free. Enclosures, tanks or pens or any confining structure or device shall be kept disinfected and with adequate ventilation. Animal waste must be disposed of without harm to the environment. Veterinary care Necessary veterinary care shall be provided to sick or injured animals be provided with necessary veterinary treatment. Pet stores shall have a program of disease prevention, parasite control, humane euthanasia, and veterinary care. Enclosures Animals shall be provided with adequate space to stand up, sit down, and assume natural postural adjustments, and with an environment conducive to vitality and health. In the case of aquatic animals, temperature, ph balance, light intensity, salinity and mechanical air and water filtration systems must be employed that are species appropriate. All shall be capable of having the animal removed and being cleaned, without causing harm or injury to the animal. No mesh, wire or grid confinement may cause injury or harm to the animal feet, be constructed so that the animal’s feet may pass through or sag when the weight of the animal is place upon it. All housing shall be constructed so as to prevent injury to the animals housed within, prevent the escape of animals, and prevent the entry of outside animals into the enclosure. Female animals in estrus cannot be housed with any male animal other than for supervised mating. No animal that has demonstrated a vicious disposition can be housed with any other animal. Temperature and ventilation The temperature in pet shops shall be kept in a range, which promotes the comfort and health of the animals contained within. Exception is made for animals, which are acclimated to higher or lower temperatures. Facilities shall be ventilated to minimize noxious odors, moisture and condensation. Prohibition against the sale of unweaned, sick or diseased animals Sales of unweaned, sick or diseased animals are prohibited. An unweaned animal means any animal of the Class Mammalia that is nursing, requires hand-feeding excluding the Class Aves, or is otherwise unaccustomed to eating enough food without human or animal assistance to sustain at least 90 percent of its own weight for at least two weeks, and shall include per se puppies and kittens under the age of eight weeks, or any animal who is not accustomed to feeding himself without his mother. No pet shop may sell or possess vicious animals as defined in this chapter or "Exotic animal" as identified as a member of the following families, including hybrids thereof, which, due to their inherent nature, may be considered dangerous to humans, and further defined as follows:
Confiscation and destruction of animals: If Animal Control or other appropriate city employee finds an animal to be suffering as a result of failure to provide proper food and water or inhumane treatment by the management of the facility finds an animal, the city may confiscate the animal.
(d) Vicious
or dangerous animals and wild or feral animals may not be redeemed and may
be disposed of in the discretion of the animal shelter.
Sec. 4-8 Dogs on beaches prohibited certain times; animals restricted on
Ocean Boulevard.
(a) It shall be unlawful to allow any dog to be on the public beaches or boardwalks of the municipality from 10:00 a.m. to 5:00 p.m. during the period from May 1 through Labor Day of each year, except for assistance animals and law enforcement dogs. Owners shall be subject to arrest and the dogs may be impounded.
(b) It
shall be unlawful for an owner or keeper of any animal to take or permit the
animal onto the right of way of Ocean Boulevard between 21st
Ave. North and 13th Ave. South during the period from March 1st
to September 30th of each year, except for the purpose of direct
and expeditious crossing of the right of way. Owners shall be subject to
arrest and the animal may be impounded. Sec.
4-9. Animals restricted in special events.
No owner or keeper shall permit an animal,
whether restrained or not, to be in an area in which a special event is
being held pursuant to a special event permit issued under this code, unless
the event permit specifically authorizes animals. This section does not
apply to an assistance animal or animal used in law enforcement activities.
Owners shall be subject to arrest and the animal may be impounded. Sec.
4-10 General impoundment; notice, redemption. Any animal
control officer, any health officer or any other person authorized may
impound any animal found in violation of this chapter, or may institute
criminal process in lieu of impoundment. The impounding person shall file
with the animal shelter a record giving sufficient or satisfactory
identifying marks or description of the animal and the circumstances of
impoundment. The impounding officer shall immediately notify the owner or
keeper, if known or as identified by any tag. In the event there is no tag,
notice of impoundment shall be posted at the animal shelter. The date and
method of providing notice shall be made as part of the public record,
whether in writing, orally or by posting. The notice shall inform the hearer
or reader of the description of the animal, and shall inform that unless
redeemed, the animal may be sold, adopted or subject to euthanasia, in the
discretion of the animal shelter within 5 days of the notice, counting the
day of the notice. Impounded animals may be redeemed, except as prohibited
in this chapter. No animal may be redeemed without the full payment of all
applicable fees, charges and fines. Applicable fees, charges and fines shall
be posted at the place of redemption. The fee schedule shall be approved by
City Council from time to time. An impoundment fee shall be levied for the
first day or any part thereof, and a daily maintenance fee per day or any
part thereof for each succeeding day thereafter. Any fee or charge made by
the city under this chapter for the administration of this chapter, or for
reimbursement of expenses incurred shall be in addition to, and not in lieu
of any criminal penalty. Once impounded, the animal control officer
shall have the discretion to employ euthanasia. If the animal is diseased
or a carrier of contagion or observed to be of such disposition or
temperament so as to constitute a continuing threat to humans or other
animals therefore rendering the animal unadoptable.
Sec.
4-11 Procedures for biting animals; impoundment and disposition of vicious
or dangerous dogs. (a) Any person attacked by an animal or witnessing an animal attacking a human shall notify the authorities immediately. That animal, when identified, shall be impounded and quarantined by the shelter, or may be quarantined by a veterinarian upon owner request and expense for a period of ten days for a determination of rabies. (b) An animal control officer or law enforcement officer may impound a vicious or dangerous dog immediately without a warrant when circumstances require protection of the public. Definitional factors are to be considered along with circumstances and facts which would lead a reasonable person to conclude that danger is imminent or probable. (c) The vicious or dangerous animal may also be impounded pursuant to a lawfully issued search and seizure warrant if a ministerial recorder, municipal judge or magistrate issues a warrant for an owner for a violation of 4-7 (a) 1 or if an animal control officer or law enforcement officer determines that an animal has dangerous propensities pursuant to 4-11 (b) and initiates a criminal process charging document to the owner for violation of 4-7)a) 1.
(d) If
a court of competent jurisdiction finds the owner to be harboring a vicious
or dangerous animal, the animal may not be redeemed.
Sec. 4-12 Kennels
No person shall own or operate a kennel without
an inspection by the animal control officer. Commercial kennels shall be
constructed, maintained and operated in conformance with the current
standards and procedures promulgated by the Humane Society of the United
States. Non-commercial kennels must be connected to the city’s sanitary
sewer system with floors constructed of impervious material, treated with
sealer and a slope of at least one half inch per foot for drainage to the
sanitary sewer. Enclosures must have at least 15 square feet per animal and
comply with all applicable building and zoning codes for structures.
Sec. 4-13 Signage and insurance for guard or
attack dogs All owners,
keepers, harborers, lessees or custodians of any guard dog or attack dog
shall securely contain, enfence, restrain and confine any guard dog or
attack dog in such manner so that the animal may not leave its enclosed area
and shall further display in a prominent place on their premises, and at
each entrance or exit to the area in which such dog is confined, a sign,
easily readable by the public, using the words “Beware of Dog”, “Attack Dog
on Premises”, or “Guard Dog on Premises” or wording of similar import in
letters at least four inches in height. This section shall not apply to any
guard dog owned or used by law enforcement agencies. The owner of any guard
dog which protects property in the city shall maintain a general liability
insurance policy insuring against liability resulting from acts of the dog
while performing as guardian of the property upon which the dog is located
in an amount not less than $300,000.00 aggregate combined single limit for
bodily injury, personal injury and property damage.
Sec. 4-14 Penalty
Any person who violates the provisions and requirements of this chapter shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined or imprisoned as provided for in Sec. 1-9.
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