On This Page;
Information about:
A little Introduction:
Consider for a moment about the different kinds of laws we live under in our country.
God's Law
The Golden Rule
The Laws of Nature
The unwritten laws of behavior in each neighborhood
Insurance Restrictions and exclusions: An example would be that it's not against the law to have a Pit Bull dog, but you may not be able to get home owner's insurance if you have one.
The incredible Threat of Civil Suits: If you have become successful enough in life to have any assets, they can be taken away in a lawsuit by anyone who claims to be injured. This might include the claim of emotional distress of a worried mom when your dog chases her child on a bike. Frivolous suits and unbelievable rewards abound.
Bureaucratic Rules: Not too many that concern pets except for the rules concerning pets in restaurants, grocery stores, and so forth that are enforced by the Licensing Boards: in other words, you risk your license to stay in business unless you follow the rules made up by the Licensing Board.
While such rules concerning pets are pretty straight forward, as I'll mention later, the number and mind numbing complexity of such rules are unbelievable when it comes to running a business.
OSHA Regulations immediately come to mind: Their rule book is larger than a New York City Phone book, 99% unreadable, and the potential fines for non-compliance catastrophic. The OSHA book of Amendments to the Rules is even larger!
The Actual Law. The kind of law enacted by elected officials and that if you're accused of breaking, you face some kind of official punishment. And always some unofficial punishment...number one of which is the great expense of defending yourself. These laws are enacted at all levels and you are at some risk if you are unaware of any of them!
Neighborhood, Campus, Rental Complex and HomeOwner Association Laws. Typically leash laws and restrictions about the number of pets you can have and so forth. Often punishable without much recourse; you are simply fined or kicked out.
City Ordinances
County Laws
State Laws
Federal Laws
Global or International Laws
What's my point. I don't know...it's just that it seems a little overwhelming sometimes.
Most of the rest of this page is just a straight forward listing of laws relating to pets or links to other sites with similar information. However, I take off on a little rant at the bottom of the page, there's also a few jokes, a bunch of banner ads, and a plug for the Libertarian Party. Enjoy
Rabies
details coming soon, but in South Carolina a rabies vaccine, given by veterinarian is required for dogs and cats over 6 months old. The ideal time to give the first rabies vaccine is between 3-5 months of age...in other words, as soon as the puppy's or kitten's immune system is mature enough to respond to the vaccine well.
We recommend giving the vaccine yearly along with the other vaccinations that are best given every year...but there is a longer acting vaccine available that is legal for 3 years.
RABIES CONTROL : South Carolina LAW
SECTION 47-5-10. Short title.
This chapter may be referred to as the "Rabies Control Act."
SECTION 47-5-20. Definitions.
Whenever used in this chapter, unless a contrary intention is clearly evident, the following terms shall be interpreted as herein defined:
(1) The term "pet" shall mean only domesticated species of carnivores.
(2) The term "owner" shall mean and include any person who (a) has a right of property in a pet, (b) keeps or harbors a pet or who has it in his care or acts as its custodian, or (c) permits a pet to remain on or about any premises occupied by him.
(3) The term "inoculation against rabies" shall mean the injection, subcutaneously, intramuscularly or otherwise, of antirabic vaccine as approved by the Department of Health and Environmental Control and by the United States Department of Agriculture - Veterinary Biologics Division.
(4) The term "rabies control officer" shall mean any person appointed for the control of rabies with the approval of the State Health Officer under the provisions of this chapter.
SECTION 47-5-30. Public health veterinarian; duties.
The Department of Health and Environmental Control may employ a licensed doctor of veterinary medicine to serve as public health veterinarian of the Department of Health and Environmental Control. He shall aid county health departments and rabies control officers in the administration and enforcement of the provisions of this chapter, including the supervision of forms of certificates and tags to effectuate the inoculation program herein provided. He shall aid in the preparation of literature describing the symptoms of rabies and preventive measures to be taken against the spread of rabies, such information to be distributed to pet owners at the time of inoculation of animals, and shall otherwise promote efficiency in the program of inoculation and rabies control herein provided. In addition to the above, he shall aid administratively in the prevention and control of all diseases communicable from animal to man which may become prevalent in this State and in combatting such disease, in cooperation with Department of Natural Resources, the extension service of Clemson University, and any other state or federal agencies engaged in similar efforts to combat diseases communicable from animal to man.
SECTION 47-5-40. Rabies control officer; additional personnel.
For the purpose of providing proper enforcement of the provisions of this chapter, each county board of health shall act as, or appoint annually on or before July first, a licensed graduate veterinarian or other properly qualified person who shall be known as rabies control officer. In those counties in which there is no county board of health, such appointment shall be made by the Department of Health and Environmental Control. Such additional personnel may be appointed and assigned as is deemed necessary. The rabies control officer shall be subject to all rules and regulations for a merit system of personnel administration.
General Information about Rabies
Travel Certificates needed for flying pets on commercial airplanes
coming soon...more details...but in a nut shell, if you're taking a pet on a commercial flight, you are required to have a health certificate, signed by a federally accredited veterinarian to include proof of rabies vaccination. These health certificates are valid for 30 days for pet dogs and cats. For animals used in research and for other species, the certificates are valid for shorter periods.
For travel to Hawaii or to England, (which are rabies free), extensive paper work, fees, veterinary work, and quarantines are required.
For pet travel to other countries, international health certificates signed not only by your local accredited vet but also by the Federal Veterinarian (USDA) assigned to your state, fees, and whatever forms the receiving country requires...often in their language....will be needed. You need to plan ahead.
Link to our page on Animal Politics and Wild Life Issues
A lot of the newer laws involving animals that are being considered or pending are a result of animal right activism or laws and treaties attempting to protect endangered species.
I've started an interesting page about the controversial subject of Animal Politics on my Animal Pet Doctor Site. Included are opposing views on such subjects as using animals in medical research, rodeo, "factory farming", zoos, circuses, and other politically sensitive topics involving how we interact with animals.
Also on my Animal Pet Doctor site as a wildlife page, which discusses wildlife issues and the dire need for enforcable protection of habitat and certain species.
Proposed laws, Pending Laws, and ideas for changing our laws
coming soon...more information
We have a zillion laws. Our tax laws alone are so numerous and convoluted that no one expert agrees with another on what many of them mean. Many, many laws are designed solely to benefit one group over another. It's a rare bill in congress that doesn't have hundreds of unrelated pork barrel attachments as bribes for votes. It's common to enact bills that no reasonable person would expect to be affective, but are passed to appease vocal groups and because they sound impressive. If you're tired and disgusted of all this, please check out the Libertarian Party Platform of greatly simplifying government.
Either of the following links will let you know what the Libertarian Party is all about:
individual liberty and personal responsibility
a free-market economy of abundance and prosperity
a foreign policy of non-intervention, peace, and free trade.
About various problems that pets and animals cause
coming soon...regulations, comments, articles, and links about pets who are causing danger, destruction, or nuisance in the neighborhood. It's a common problem, of course, but one that's not easily solved unless we want to live in a society with extremely strict rules. Most communities have ordanances related to dangerous or roaming pets, (also see State Laws (listed below for South Carolina)), but for practical reasons, these laws and ordanaces aren't routinely strictly enforced except by the discression of the animal control officer and the degree of the problem. That's probably as it should be.
Pet problems can certainly make for strained neighbor relations.
And then there's the problem of rabbits and deer in your garden, moles under your lawn, squirrels in your bird feeder, and pigeons and song birds roosting over your car. I guess we could make a law making all this illegal. For those of you that go ballistic over such things; "get a life", get some "professional help", or take your zoloft. That's all I got to say about that.
There are some legitimate concerns involving animals and the spread of disease, and several of these concerns have been in the news lately. Here are some links for more information about them:
Western equine encephalitis virus, member of the family Togaviridae, genus Alphavirus. Closely related to eastern and Venezuelan equine encephalitis viruses
Introduction: West Nile (WN) virus has emerged in recent years in temperate regions of Europe and North America, presenting a threat to public, equine, and animal health. The most serious manifestation of WN virus infection is fatal encephalitis (inflammation of the brain) in humans and horses, as well as mortality in certain domestic and wild birds.
Since 1996, evidence has been increasing for a causal relationship between ongoing outbreaks in Europe of a disease in cattle, called bovine spongiform encephalopathy (BSE, or "mad cow disease"), and a disease in humans, called new variant Creutzfeldt-Jakob disease (nvCJD). Both disorders are invariably fatal brain diseases with unusually long incubation periods measured in years, and are caused by an unconventional transmissible agent.
BSE has not been detected in the United States, despite active surveillance efforts since May 1990. It is extremely unlikely that BSE would be a foodborne hazard in this country. CDC monitors the trends and current incidence of CJD in the United States, while the U.S. Department of Agriculture has conducted active surveillance efforts for BSE since May 1990.
City Laws
coming soon...City Animal Ordinances for all our local area towns. It's quite hard to track these down. Mostly there are no laws in addition to the State Laws, as far as I can tell, but believe it or not, after being a veterinarian here for 18 years, I've never seen a list of "leash laws" or city licensing laws for any town in this area. Yet, someone came into the clinic with a Seneca Dog License (license number 1...the only person who bothered?) recently...so there apparently are some local laws. I'll try to find out what they are for you.
State Laws
State Laws related to animals:
Title 47 - Animals, Livestock and Poultry
CHAPTER 1.
CRUELTY TO ANIMALS
SECTION 47-1-10. Definitions.
As used in this chapter:
(1) "Animal" or "animals" shall be held to include all living vertebrate creatures except homo sapiens.
(2) "Sustenance" means adequate food provided 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 and adequate water provided with constant access to a supply of clean, fresh, and potable water provided in a suitable manner for the species.
(3) "Shelter" 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.
Liability for statement or publication charging plaintiff with killing of, cruelty to, or inhumane treatment of animals. 69 ALR5th 645.
SECTION 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.
SECTION 47-1-30. [En 1962 Code Section 6-3; 1952 Code Section 6-3; 1942 Code Section 1593; 1932 Code Section 1593; Cr. C. '22 Section 558; Cr. C. '12 Section 909; Cr. C. '02 Section 623; G. S. 2525; R. S. 505; 1878 (16) 492] Repealed by 1998 Act No. 367, Section 9, eff May 27, 1998.
SECTION 47-1-40. Ill-treatment of animals generally.
(A) Whoever knowingly or intentionally overloads, overdrives, overworks, ill-treats any animal, deprives any animal of necessary sustenance or shelter, inflicts unnecessary pain or suffering upon any animal, or by omission or commission knowingly or intentionally 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 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. Notwithstanding any other provision of law, a first offense under this subsection shall be tried in magistrate's or municipal court.
(B) Whoever tortures, torments, needlessly mutilates, cruelly kills, or inflicts excessive or repeated unnecessary pain or suffering upon any animal or by omission or commission causes the acts to be done for any of the offenses is guilty of a felony and, upon conviction, must be punished by imprisonment of not less than one hundred eighty days and not to exceed five years and by a fine of five thousand dollars.
(C) This section does not apply to fowl, accepted animal husbandry practices of farm operations and the training of animals, the practice of veterinary medicine, agricultural practices, forestry and silvacultural practices, wildlife management practices, or activity authorized by Title 50.
SECTION 47-1-50. Cruel work; carriage in vehicles; 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 inhumane manner.
(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(A).
SECTION 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.
SECTION 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;
(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 or municipal 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.
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.
SECTION 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.
SECTION 47-1-100. Care of animals unloaded during transit.
Animals unloaded as required by Section 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.
SECTION 47-1-110. Violations of Sections 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 Sections 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.
SECTION 47-1-120. Custody of animals in charge of arrested persons.
When a person arrested is, at the time of the arrest, in charge of an animal, an 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 the animal and deposit the animal in a safe place of custody or deliver the animal into the possession of the police or sheriff of the county or place where the arrest was made, who shall assume the custody of the animal; and all necessary expenses incurred in taking charge of the animal shall be a lien thereon.
SECTION 47-1-125. Coloring or dying animals prohibited; sale or distribution of certain young animals prohibited; penalty.
(1) It is unlawful for any person to dye or color artificially any animal or fowl, including but not limited to rabbits, baby chickens, and ducklings, or to bring any dyed or colored animal or fowl into this State.
(2) It is unlawful for any person to sell, offer for sale or give away as merchandising premiums, baby chickens, ducklings or other fowl under four weeks of age or rabbits under two months of age to be used as pets, toys or retail premiums.
(3) This section shall not be construed to apply to any animal or fowl, including but not limited to rabbits, baby chickens and ducklings to be used or raised for agricultural purposes by persons with proper facilities to care for them or for poultry or livestock exhibitions.
(4) Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than two hundred dollars or imprisoned for not more than thirty days.
SECTION 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.
SECTION 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 to the owner of the animals found in the charge or custody of the person arrested, if the person is not the owner, and shall care and provide properly for the animals. 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 Section 47-1-120 shall apply in lieu of the provisions of this section. Notwithstanding any other provision of law, an animal may be seized preceding an arrest and pursuant to Section 47-1-150.
SECTION 47-1-150. Issuance of search warrant; purpose of section; motions regarding custody of animal; notice; care, disposal of, or return of animal.
(A) 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 search shall be made after sunset, unless specially authorized by the magistrate upon satisfactory cause shown. If an animal is seized pursuant to this section and the South Carolina Society for the Prevention of Cruelty of Animals, or other society incorporated for that purpose is involved with the seizure, the animal may be held pending criminal disposition of the case at a facility maintained or contracted by that agency.
(B) The purpose of this section is to provide a means by which a neglected or mistreated animal can be:
(1) removed from its present custody, or
(2) made the subject of an order to provide care, issued to its owner by the magistrate or municipal judge, any law enforcement officer, or any agent of the county or of the South Carolina Society for the Prevention of Cruelty to Animals, or any society incorporated for that purpose and given protection and an appropriate and humane disposition made.
(C) Any law enforcement officer or any agent of any county or of the South Carolina Society for the Prevention of Cruelty to Animals, or any society incorporated for that purpose may move before a magistrate for an order to:
(1) lawfully take custody of any animal found neglected or cruelly treated by removing the animal from its present location if deemed by the court that removal is necessary to prevent further suffering or ill-treatment, or
(2) order the owner of any animal found neglected or cruelly treated to provide certain care to the animal at the owner's expense without removal of the animal from its present location, and shall forthwith petition the magistrate or municipal judge of the county or municipality wherein the animal is found for a hearing, to be set within twenty-four hours after the date of seizure of the animal or issuance of the order to provide care and held not more than two days after the setting of such date, to determine whether the owner, if known, is able to provide adequately for the animal and is fit to have custody of the animal. The hearing shall be concluded, and the court order entered the date the hearing is commenced. No fee shall be charged for the filing of the petition. Nothing herein is intended to require court action for the taking into custody and making proper disposition of stray or abandoned animals as lawfully performed by animal control agents.
(D) The officer or agent of any county or of the South Carolina Society for the Prevention of Cruelty to Animals, or of any society incorporated for that purpose, taking charge of any animal pursuant to the provisions of this section shall have written notice served prior to the hearing set forth in subsection (C)(2), upon the owner of the animal, if he is known and is residing in the county where the animal was taken. The sheriff of the county shall not charge a fee for service of such notice. If the owner of the animal is known but is residing outside of the county wherein the animal was taken, notice of the hearing shall be by publication.
(E) If any seized animal held by court order at the owner's premises is removed without notification to the investigating agency, or if an animal becomes sick or dies, and the owner or custodian fails to immediately notify the investigating agency, the owner must be held in contempt of court and fined up to the penalties provided by law.
(F) The officer or agent of any county or of the South Carolina Society for the Prevention of Cruelty to Animals, or of any society incorporated for that purpose, taking charge of an animal as provided for in this section shall provide for the animal until either:
(1) The owner is adjudged by the court to be able to provide adequately for, and have custody of, the animal, in which case the animal shall be returned to the owner upon payment for the care and provision of the animal while in the agent's or officer's custody; or
(2) The animal is turned over to the officer or agent as provided in Section 47-1-170 and a humane disposition of the animal is made.
(G) If the court determines that the owner is able to provide adequately for, and have custody of the animal, the order shall provide that the animal in possession of the officer or agent be claimed and removed by the owner within seven days after the date of the order.
SECTION 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.
SECTION 47-1-170. Penalties for violations of chapter.
The owner or person having charge or custody of an animal cruelly used who is convicted of any violation of this chapter forfeits ownership, charge, or custody of the animal and at the discretion of the court, the person who is charged with or convicted of a violation of this chapter must be ordered to pay costs incurred to care for the animal and related expenses.
SECTION 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.
SECTION 47-1-210. Live animals as prizes; exceptions; penalties.
(A) It is unlawful to give away a live animal including, but not limited to, a fish, bird, fowl, or reptile, as a prize for, or as an inducement to enter, any contest, game, or other competition, or as an inducement to enter a place of amusement, or for these species to be used as an incentive to enter into any business agreement if the offer made was for the purpose of attracting trade.
(B) Nothing in this section may be construed to prohibit an auction or raffle of a live animal including, but not limited to, a fish, bird, fowl, or reptile. Further, the giving away or the testing of game or fowl for breeding purposes only is lawful and is not prohibited by this section as an incentive to enter into a business agreement if the person giving away or testing game or fowl is engaged in that trade.
(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished for each separate offense by a fine not to exceed three hundred dollars or imprisonment not to exceed thirty days, or both.
(D) This section does not apply when a live animal is given away as follows:
(1) by individuals or organizations operating in conjunction with a cooperative extension education program or agricultural vocational program sanctioned by the State Department of Education or local school districts;
(2) by individuals or organizations operating in conjunction with field trials approved by the Department of Natural Resources; or
(3) by kennels that advertise in national publications in regard to dogs that are registered with the United Kennel Club or the American Kennel Club.
State House Network-LPITS@http://www.scstatehouse.net
Title 47 - Animals, Livestock and Poultry
CHAPTER 3.
DOGS AND OTHER DOMESTIC PETS
ARTICLE 1.
REGULATION BY COUNTIES AND MUNICIPALITIES
SECTION 47-3-10. Definitions.
For the purpose of this article:
(1) "Animal" is defined as provided for in Chapter 1;
(2) "Animal shelter" includes any premises designated by the county or municipal governing body for the purpose of impounding, care, adoption, or euthanasia of dogs and cats held under authority of this article;
(3) "Dog" includes all members of the canine family, including foxes and other canines;
(4) A dog is deemed to be "running at large" if off the premises of the owner or keeper and not under the physical control of the owner or keeper by means of a leash or other similar restraining device;
(5) A dog is deemed to be "under restraint" if on the premises of its owner or keeper or if accompanied by its owner or keeper and under the physical control of the owner or keeper by means of a leash or other similar restraining device;
(6) "Cat" includes all members of the feline family;
(7) "Vicious dog" means any dog evidencing an abnormal inclination to attack persons or animals without provocation.
SECTION 47-3-20. Local animal care and control ordinances authorized.
The governing body of each county or municipality in this State may enact ordinances and promulgate regulations for the care and control of dogs, cats, and other animals and to prescribe penalties for violations.
SECTION 47-3-30. Establishment of animal shelters; funding.
The governing body of the county or municipality is authorized to establish an animal shelter for the county or municipality for the purpose of impounding and quarantining dogs and quarantining cats and shall employ such personnel, including enforcement personnel, as may be necessary to administer the provisions of this article. If an animal shelter is established, funds to establish and operate the shelter and employ necessary personnel may be provided in the annual county or municipal appropriations.
SECTION 47-3-40. Impoundment or quarantine of cat or dog running at large; release to owner.
The county or municipal animal shelter personnel or governmental animal control officers shall pick up and impound or quarantine any dog running at large or quarantining any cat. To obtain release of his dog or cat, an owner or keeper must satisfy the animal shelter personnel that the dog or cat is currently inoculated against rabies and also pay an impound or quarantine fee determined by the governing body of the county or municipality. Payment of this fee bars prosecution under Section 47-3-50. All fees collected must be delivered to the county or municipal treasurer for deposit in the general fund of the county or municipality.
SECTION 47-3-50. Allowing dogs or cats to run at large; penalty.
(A) It is unlawful in any county or municipality adopting penalty provisions pursuant to the provisions of this article for any dog or cat owner or other keeper of a dog or cat to:
(1) allow his dog to run at large off of property owned, rented, or controlled by him;
(2) keep a vicious or unruly dog unless under restraint by a fence, chain, or other means so that the dog cannot reach persons not on land owned, leased, or controlled by him;
(3) release or take out of impoundment or quarantine without proper authority any dog or cat or resist county or municipal shelter personnel engaging in the capture and impoundment or quarantine of a dog or quarantining of a cat.
(B) Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined fifty dollars for a first offense and not more than one hundred dollars for each subsequent offense.
SECTION 47-3-55. Animal shelter personnel to contact owner if known; implant of identifying microchip in adopted or redeemed dogs and cats.
(A) If an animal shelter accepts or comes into possession of a dog or cat, the shelter immediately and thoroughly must scan the dog or cat for a tatoo, any implanted microchip, or similar device, which provides evidence of ownership and, upon finding it, immediately must make a good faith effort to contact the identified owner as required by Section 47-3-540.
(B) If an animal shelter or its officers, directors, or staff have made a good faith effort to comply with the provisions of subsection (A), they must be held harmless, as well as the manufacturer, against any action at law or otherwise, civil or criminal, for failure to detect a microchip or similar device and undertake the action specified in subsection (A).
(C) If a dog or cat is adopted or redeemed from an animal shelter, a licensed veterinarian or an animal shelter employee under the direction of a licensed veterinarian may implant a microchip in the dog or cat adopted or redeemed. The animal shelter shall record the date the microchip was implanted, the name, address, and telephone number of the person adopting or redeeming the dog or cat, an identification number unique to the dog or cat adopted or redeemed, the name, address, and telephone number of the animal shelter that sheltered the dog or cat before adoption or redemption, and the date the dog or cat was adopted or redeemed. The animal shelter must keep a record of all microchips implanted pursuant to this subsection.
(D) The animal shelter is not required to adhere to subsection (A), if the necessary scanner is not provided free of charge or at a reasonable cost as determined by the county or municipality.
(E) The owner redeeming his dog or cat must elect to have a microchip implanted.
SECTION 47-3-60. Disposition of quarantined or impounded animals.
(A) After any animal has been quarantined pursuant to South Carolina Rabies Control Act and is unclaimed by its owner, after the animal shelter employees have made a good faith effort to contact the identified owner as required by Section 47-3-540, the animal shelter employees, unless the animal must be kept pending disposition of a criminal or civil trial involving the animal or unless a hearing on the disposition of the animal is held prior to the trial, may dispose of the animal by adoption or by euthanasia or the animal may be turned over to any organization established for the purpose of caring for animals, such as the Humane Society.
(B) After any animal has been impounded for five days and is unclaimed by its owner, and after the animal shelter employees have made a good faith effort to contact the identified owner as required by Section 47-3-540, the animal shelter employees, unless the animal must be kept pending disposition of a criminal or civil trial involving the animal or unless a hearing on the disposition of the animal is held prior to the trial, may dispose of the animal by adoption or by euthanasia or the animal may be turned over to any organization established for the purpose of caring for animals, such as the Humane Society.
(C) Complete records must be kept by shelter officials as to the disposition of all animals impounded.
SECTION 47-3-70. County and municipal powers not limited by article.
Nothing in this article may be construed to limit the power of any municipality or county to prohibit animals from running at large, whether or not they have been inoculated as provided in this article; and nothing in this article may be construed as to limit the power of any municipality or county to regulate and control further in the county or municipality to enforce other and additional measures for the restriction and control of rabies.
SECTION 47-3-75. Transfer of domestic animal to animal shelter ten days after date owner was to pick up animal; requirements.
(A) An animal delivered to a veterinarian, a dog kennel, a cat kennel, an animal hospital, another animal care facility, or to a person who boards domestic animals on the person's premises for a fee may be transferred to an appropriate animal shelter ten days after the date the owner failed to pick up the animal as agreed to pursuant to a written contract or agreement. The animal may be transferred only if the written contract or agreement provides for the transfer and if an attempt is made to notify the owner by regular mail and by certified mail at the owner's last known address on the date the owner failed to pick up the animal as agreed.
(B) A person who boards animals of others pursuant to subsection (A) shall post written notice of the provisions of this section at the person's place of business.
(C) A person who fails to pick up an animal as provided for in subsection (A), who fails to pay his boarding fees in a timely manner, or who abandons an animal at an animal hospital, a dog kennel, a cat kennel, another animal care facility, or boarding facility is guilty of a misdemeanor and, upon conviction, may be imprisoned not more than thirty days or fined not more than two hundred dollars.
ARTICLE 2.
LIABILITY TO PERSON BITTEN OR OTHERWISE ATTACKED BY DOG
SECTION 47-3-110. Liability of owner or person having dog in his care or keeping.
Whenever any person is bitten or otherwise attacked by a dog while the person is in a public place or is lawfully in a private place, including the property of the owner of the dog or other person having the dog in his care or keeping, the owner of the dog or other person having the dog in his care or keeping is liable for the damages suffered by the person bitten or otherwise attacked. For the purposes of this section, a person bitten or otherwise attacked is lawfully in a private place, including the property of the owner of the dog or other person having the dog in his care or keeping, when the person bitten or otherwise attacked is on the property in the performance of any duty imposed upon him by the laws of this State, by the ordinances of any political subdivision of this State, by the laws of the United States of America, including, but not limited to, postal regulations, or when the person bitten or otherwise attacked is on the property upon the invitation, express or implied, of the owner of the property or of any lawful tenant or resident of the property. If a person provokes a dog into attacking him then the owner of the dog is not liable.
ARTICLE 3.
SHEEP-KILLING DOGS
SECTION 47-3-210. Keeping of sheep-killing dog prohibited.
No persons shall buy, sell, receive, give away or otherwise own, control, have or keep in possession any dog commonly called "sheep-killing" and known to be such. The violation, knowingly, in any one or all respects of the foregoing prohibition shall be a misdemeanor punishable, upon conviction, by a fine not exceeding one hundred dollars or imprisonment for not exceeding thirty days.
SECTION 47-3-220. Dog found in act of worrying or destroying sheep may be killed.
Any person who may find any dog in the act of worrying or destroying any sheep in this State may kill such dog and such person shall not for so doing be held to answer to any action, civil or criminal.
SECTION 47-3-230. Liability of owner of sheep-killing dog for payment to owner of sheep killed or injured.
The owner of or person having in his care or keeping any dog shall be liable to pay to the person damaged double the value of any sheep that may be killed or injured by such dog, to be recovered by action at the suit of the person damaged in any court having competent jurisdiction. In all such actions the recovery of ten dollars or more shall carry costs.
ARTICLE 5.
FERAL DOGS
SECTION 47-3-310. Disposal or removal of feral dogs from certain property.
On game management areas, state-owned property and property of private landowners and leaseholders, at the request of such landowners and leaseholders, specially trained enforcement officers of the Natural Resources Enforcement Division of the Department of Natural Resources may enter on such areas and property for the purpose of investigating dogs running at large on the property. If the dogs are determined to be feral dogs (a dog which has reverted to a wild state) and are a threat to the lives or health of livestock, wildlife or humans, the enforcement officers may remove the feral dog from the property or dispose of it in the most humane manner as determined by the department.
SECTION 47-3-320. Training of conservation officers to remove dogs; liability of officers.
Two enforcement officers of the Natural Resources Enforcement Division of the Department of Natural Resources from each of the state's twenty-eight law enforcement units shall be trained by the Department in the identification, capture and humane disposal of feral dogs and these officers shall have the responsibility of answering all complaints concerning feral dogs within the geographical boundaries of their respective law enforcement units. Such enforcement officers shall be held harmless of any personal liability that may occur during the lawful execution of their duties under this act except in case of gross negligence.
ARTICLE 7.
ANIMAL EUTHANASIA AND TRANQUILIZATION
SECTION 47-3-410. Animal shelter defined.
The term "animal shelter" means any place or premises kept for the care, keeping, impounding, housing or boarding of any animal, whether the premises are owned or operated by a municipality, county, private association, institution, humane organization, or any other business or corporation.
SECTION 47-3-420. Allowable methods of euthanasia.
(A) Only the following methods of euthanasia may be used to kill animals impounded or quarantined in animal shelters, and the procedure applicable to the method selected must be strictly followed:
(1) Barbituric acid derivatives:
(a) intravenous or intracardial injection of a lethal solution;
(b) intraperitoneal injection of lethal solution when location of an injection into the vein is difficult or impossible;
(c) oral ingestion of powdered barbituric acid derivatives in capsules mixed with food or by manual administration of a solution;
(d) intravenous injection of these solutions must be specifically injected according to the directions of the manufacturers for intravenous injections;
(e) intracardial injection of these solutions must only be administered if the animal has been tranquilized with an approved, humane substance and the animal, at the time of the intracardial injection, is anesthetized or comatose;
(f) the solutions may not be administered via intraperitoneal, intrathoracic, intrapulmonary, subcutaneous, intramuscular, intrarenal, intrasplenic, or intrathecal routes or in any other nonvascular injection route except as provided above;
(g) administration of injections must be done only by a licensed veterinarian or by a euthanasia technician or Department of Natural Resources employee, trained and certified for this purpose in a euthanasia training class taught by a licensed South Carolina veterinarian, which must include training in tranquilizing animals. A person certified pursuant to this subitem must continue to maintain his proficiency by successfully completing a training course taught by a licensed South Carolina veterinarian every five years;
(h) all injections must be administered using an undamaged hypodermic needle of a size suitable for the size and species of animal;
(i) an animal shelter, governmental animal control agency, or the Department of Natural Resources (department) may obtain a barbituric acid derivative or tranquilizing agent by direct licensing. The animal shelter, governmental animal control agency, or department must apply for a Controlled Substance Registration Certificate from the federal Drug Enforcement Administration (DEA) and a State Controlled Substances Registration from the Department of Health and Environmental Control (DHEC). If an animal shelter, governmental animal control agency, or the department is issued a certificate by the DEA and a registration by DHEC pursuant to this subitem, the animal shelter, governmental animal control agency director or his designee, and the department's applicant are responsible, for maintaining their respective records regarding the inventory, storage, and administration of controlled substances. An animal shelter, governmental animal control agency and its certified euthanasia technician, and the department and its certified employees are subject to inspection and audit by DHEC and the DEA regarding the recordkeeping, inventory, storage, and administration of controlled substances used under authority of this article.
(2) Carbon monoxide gas:
(a) dogs and cats, except animals under sixteen weeks of age, may be killed by bottled carbon monoxide gas administered in a tightly enclosed chamber. The chamber must be equipped with:
(i) internal lighting and a window providing direct visual surveillance of the collapse and death of any animal within the chamber;
(ii) the gas concentration process must be adequate to achieve a carbon monoxide gas concentration throughout the chamber of at least six percent within five minutes after any animal is placed in the chamber. The chamber must have a functioning gas concentration gauge attached to the chamber and a strong airtight seal must be maintained around the door;
(iii) the unit shall include an exhaust fan connected by a gas-tight duct to the outdoors capable of completely evacuating the gas from the chamber before it is opened after each use, except that this provision does not apply to chambers located out-of-doors;
(iv) animals must be left in the chamber for a period of no less than fifteen minutes from the time the gas concentration throughout the chamber reaches six percent.
(b) no person may euthanize an animal by gas emitted from any engine exhaust system.
(c) in all instances where a carbon monoxide chamber is used:
(i) no incompatible or hostile animals, or animals of different species, may be placed in any chamber simultaneously;
(ii) every chamber must be thoroughly cleaned after the completion of each full cycle. No live animals may be placed in the chamber with dead animals;
(iii) all animals must be examined by a veterinarian or certified euthanasia technician to ensure they are dead upon removal from the chamber;
(iv) all chambers must be inspected quarterly by an independent, qualified technician who is thoroughly knowledgeable with the operation and maintenance of the particular euthanasia chamber being used;
(v) an operational guide and maintenance instructions must be displayed in the room with the euthanasia chamber.
(3) Shooting:
Shooting may be used as a means of euthanasia only in an emergency situation to prevent extreme suffering or in which the safety of people or other animal life is threatened or where it is considered necessary by the South Carolina Department of Natural Resources to eliminate or control the population of feral animals.
(B) In any of the previously listed methods, an animal may not be left unattended between the time euthanasia procedures have commenced and the time death occurs, and the animal's body may not be disposed of until death is confirmed by a certified euthanasia technician.
SECTION 47-3-430. Provision governing shelters.
All animal shelters are subject to the provisions of Chapter 1 of Title 47.
SECTION 47-3-440. Penalties; injunction.
No person may kill any animal impounded or quarantined in an animal shelter by any means except as provided by this article. Any person who violates the provisions of this article is guilty of a misdemeanor and, upon conviction, is subject to the penalty provisions in Chapter 1, Title 47 for each animal killed. The Attorney General of South Carolina may bring an action to enjoin a violation of this article.
SECTION 47-3-450. Exceptions.
The provisions of this article do not apply to persons engaged in scientific endeavors by institutions of higher education.
ARTICLE 8.
STERILIZATION OF DOGS AND CATS
SECTION 47-3-470. Descriptions.
As used in this article:
(1) "Animal Shelter" means:
(a) a facility operated by or under contract for the State or a county, a municipal corporation, or other political subdivision of the State for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted dogs, cats, and other animals;
(b) a veterinary hospital or clinic operated by a veterinarian or veterinarians which operates for the purpose set forth in subitem (a) in addition to its customary purposes;
(c) a facility operated, owned, or maintained by an incorporated humane society, animal welfare society, or other nonprofit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals.
(2) "Humane society" means an unincorporated nonprofit organization existing for the purpose of prevention of cruelty to animals.
(3) "Public or private animal refuge" means harborers of unwanted animals of any breed, including crossbreeds, who provide food, shelter, and confinement for a group of dogs, a group of cats, or a combination of dogs and cats.
(4) "Sexually mature animal" means a dog or cat that has reached the age of one hundred eighty days or six months or more.
(5) "Sterilization" means the surgical removal of the reproductive organs of a dog or cat in order to render the animal unable to reproduce.
SECTION 47-3-480. Provisions for sterilization; exceptions; payment of costs; subsequent notification of sterilization for animals not sterile when acquired.
(A) A public or private animal shelter, animal control agency operated by a political subdivision of this State, humane society, or public or private animal refuge shall make provisions for the sterilization of all dogs or cats acquired from the shelter, agency, society, or refuge by:
(1) providing sterilization by a licensed veterinarian before relinquishing custody of the animal; or
(2) entering into a written agreement with the person acquiring the animal guaranteeing that sterilization will be performed by a licensed veterinarian within thirty days after acquisition of a sexually mature animal or no later than six months of age except upon a written statement issued by a licensed veterinarian stating that such surgery would threaten the life of the animal.
(B) This section does not apply to a privately owned animal which the shelter, agency, society, or refuge may have in its possession for any reason if the owner of the animal claims or presents evidence that the animal is his property.
(C) All costs of sterilization pursuant to this section are the responsibility of the person acquiring the animal and, if performed before acquisition, may be included in the fees charged by the shelter, agency, society, or refuge for the animal.
(D) A person acquiring an animal from a shelter, an agency, a society, or a refuge which is not sterile at the time of acquisition shall submit to the shelter, agency, society, or refuge a signed statement from the licensed veterinarian performing the sterilization required by subsection (A) within seven days after sterilization attesting that the sterilization has been performed.
SECTION 47-3-490. Failure to comply; remedies.
A person who fails to comply with Section 47-3-480(A)(2) or 47-3-480(D) must forfeit ownership of the dog(s) or cat(s) acquired from the shelter, agency, society, or refuge which adopted the animal to the owner. In addition to forfeiting ownership, the person who acquired the animal must pay to the shelter, agency, society, or refuge the sum of $200.00 as liquidated damages. Such remedies shall be in addition to any other legal or equitable remedies as may be available to the shelter, agency, society, or refuge for breach of the written agreement as provided for in Section 47-3-480(A)(2) or failure to comply with Section 47-3-480(D).
SECTION 47-3-500. Adoption of additional policies by other entities.
This article does not prohibit the adoption by a political subdivision of this State of shelter policies which are more stringent than the requirements of this article.
ARTICLE 9.
REGISTRATION OF DOGS
SECTION 47-3-510. Owner may register dog; fee.
The owner of any dog or kennel may, upon payment of a fee to be determined by the South Carolina Department of Natural Resources (department), not to exceed five dollars a dog or twenty dollars a kennel, have his dog registered by the department and the registration number tattooed in either of the dog's ears or on any other clearly visible part of the body that would be considered most suitable for the respective species of dog. The department shall maintain records of the names and addresses of the owners of registered kennels.
SECTION 47-3-520. Availability of registration file.
The department shall have this file available for county, city, or subdivision animal control agencies or departments and individuals. The entire cost must be assessed upon dog owners in registration fees.
SECTION 47-3-530. Penalties for stealing or killing identifiable dog.
Any person stealing any positively identifiable dog is guilty of a misdemeanor and upon conviction must be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned for not less than thirty days nor more than six months, or both.
Any person killing any dog when owner may be identified by means of a collar bearing sufficient information or some other form of positive identification is guilty of a misdemeanor and upon conviction must be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned for not less than thirty days nor more than six months, or both. This paragraph does not apply to the killing of a dog threatening to cause or causing personal injury or property damage.
SECTION 47-3-540. Destruction of identifiable dog by animal control officer; prior notification of owner.
Animal control officers must not destroy any positively identifiable dog until they have notified the owner at his last known address by registered mail that they have the dog in their possession. The owner must notify the animal control officer within two weeks that he will pick up his dog. If the owner does not pick up his dog within two weeks of notification to the animal control officer, the dog may be destroyed. Reasonable costs associated with the above extended holding period, including cost of mailing the required notice, must be paid before the dog is returned to its owner, or the owner's designee, in addition to any other established costs, fines, fees, or other charges.
SECTION 47-3-550. Promulgation of regulations.
The South Carolina Department of Natural Resources may promulgate regulations to carry out the provisions of this chapter.
ARTICLE 11.
TEASING, MALTREATING, AND INJURING POLICE DOGS PROHIBITED
SECTION 47-3-610. Unlawful to taunt, torment, tease, beat, strike, or administer desensitizing drug to police dog or horse.
It is unlawful for a person to wilfully and maliciously taunt, torment, tease, beat, strike, or administer or subject a desensitizing drug, chemical, or substance to a dog or horse used by a law enforcement department or agency in the performance of the functions or duties of the department or agency or when a dog is placed in a kennel off duty or a horse is placed in a stable off duty, or to interfere or meddle with a dog or horse used by a law enforcement department or agency in the performance of the functions or duties of the department or agency.
SECTION 47-3-620. Unlawful to torture, mutilate, injure, disable, poison, or kill police dog or horse.
It is unlawful for a person to wilfully or maliciously torture, mutilate, injure, disable, poison, or kill a dog or horse used by a law enforcement department or agency in the performance of the functions or duties of the department or when a dog is placed in a kennel off duty or a horse is placed in a stable off duty. However, a police officer or veterinarian may perform euthanasia in emergency situations when delay would cause the dog or horse undue suffering and pain.
SECTION 47-3-630. Penalties.
A person who violates any of the provisions of this article, except for Section 47-3-620, is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned not less than thirty days nor more than six months, or both. A person who violates Section 47-3-620 is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars nor more than five thousand dollars or imprisoned not less than one year nor more than three years, or both.
ARTICLE 13.
REGULATION OF DANGEROUS ANIMALS
SECTION 47-3-710. Definitions.
(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" 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 47-3-720. Dangerous animal not to go unconfined on premises; "unconfined" defined; exceptions.
No person owning or harboring or having the care or the custody of a dangerous animal may permit the animal to go unconfined on his premises. A dangerous animal is "unconfined" as used in this section if the animal is not confined securely indoors or confined in a securely enclosed fence or securely enclosed and locked pen or run area upon the person's premises. The pen or run area must be clearly marked as containing a dangerous animal and must be designed to prevent the entry of the general public, including children, and to prevent the escape or release of the animal. However, this section does not apply to an animal owned by a licensed security company and on patrol in a confined area.
SECTION 47-3-730. Dangerous animal not permitted beyond premises unless safely restrained.
No person owning or harboring or having the care of a dangerous animal may permit the animal to go beyond his premises unless the animal is safely restrained and the requirements of Section 47-3-760(E) are met.
SECTION 47-3-740. Owning or harboring animal for fighting or attacking humans or domestic animals prohibited; selling, breeding, buying or attempting to buy, or intent to do same, prohibited; exceptions.
(A) No person may own or harbor an animal for the purpose of fighting or train, torment, badger, bait, or use an animal for the purpose of causing or encouraging the animal to unprovoked attacks upon human beings or domestic animals.
(B) No person may possess with intent to sell, offer for sale, breed, or buy or attempt to buy a known dangerous animal; however, this subsection does not apply to a person who is licensed to possess and breed an animal under the classifications specified and regulated by the United States Department of Agriculture under the Animal Welfare Act as codified in Title 7 of the United States Code.
SECTION 47-3-750. Seizure and impoundment of dangerous animal.
(A) If a law enforcement agent, animal control officer, or animal control officer under contract with a county or municipal government to provide animal control services has probable cause to believe that a dangerous animal is being harbored or cared for in violation of Section 47-3-720 or 47-3-740 or 47-3-760(E), the agent or officer may petition the court having jurisdiction to order the seizure and impoundment of the dangerous animal while the trial is pending.
(B) If a law enforcement agent, animal control officer, or animal control officer under contract with a county or municipal government to provide animal control services has probable cause to believe that a dangerous animal is being harbored or housed in violation of Section 47-3-730, the agent or officer may seize and impound the dangerous animal while the trial is pending.
SECTION 47-3-760. Penalties; registration of dangerous animals.
(A) A person who violates Section 47-3-720 or 47-3-730 or subsection (E) of this section or who is the owner of a dangerous animal which attacks and injures a domestic animal is guilty of a misdemeanor and, upon conviction, for a first offense, must be fined not more than two hundred dollars or imprisoned not more than thirty days and, upon conviction of a subsequent offense, must be fined one thousand dollars none of which may be suspended or remitted.
(B) A person who is the owner of a dangerous animal which attacks and injures a human being in violation of Section 47-3-710(A)(2)(a) or a person who violates Section 47-3-740:
(1) for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three years;
(2) for a second or subsequent offense, is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than five years.
(C) A dangerous animal which attacks a human being or domestic animal may be ordered destroyed when in the court's judgment the dangerous animal represents a continuing threat of serious harm to human beings or domestic animals.
(D) A person found guilty of violating this article shall pay all expenses, including, but not limited to, shelter, food, veterinary expenses for boarding and veterinary expenses necessitated by the seizure of an animal for the protection of the public, medical expenses incurred by a victim from an attack by a dangerous animal, and other expenses required for the destruction of the animal.
(E) A person owning a dangerous animal shall register the animal with the local law enforcement authority of the county in which the owner resides. The requirements of the registration must be determined by the county governing body. However, the registration application must be accompanied by proof of liability insurance or surety bond of at least fifty thousand dollars insuring or securing the owner for personal injuries inflicted by the dangerous animal. The county governing body shall provide to the owner registering the dangerous animal a metal license tag and a certificate. The metal license tag at all times must be attached to a collar or harness worn by the dangerous animal for which the certificate and tag have been issued.
(F) Nothing in this chapter is designed to abrogate any civil remedies available under statutory or common law.
SECTION 47-3-770. When person is lawfully on premises; authority to use force to repel attack by dangerous animal when lawfully on premises; no liability for action taken to repel or restrain unprovoked attack of dangerous animal.
(A) A person lawfully is upon the premises of the owner within the meaning of this article when he is on the premises in the performance of a duty imposed upon him by the laws of this State, by the laws or postal regulations of the United States, when he is on the premises upon invitation, expressed or implied, of the owner, or when he is in the performance of a duty relative to public safety, which includes policemen, firemen, or other authorized personnel. A person may ingress to and egress from the premises for a purpose connected with the performance of the public safety duty.
(B) A person who lawfully is on the owner's premises and who is attacked by a dangerous animal or witnesses the attack may use reasonable force to repel the attack. A person is not liable in damages or otherwise for action to repel or action taken to restrain or control an animal from an unprovoked attack.
SECTION 47-5-50. Prohibition on sale of wild carnivores as pets; sale of domesticated ferrets.
(A) No carnivores, which normally are not domesticated, may be sold as a pet in this State. The carnivores include animals known to be reservoirs of rabies such as raccoons, foxes, skunks, and bobcats and related species including, but not limited to, coyotes, wolves, weasels, civet cats, spotted skunks, and lynx. An animal provided for in this section and kept by an individual must not be allowed to run at large and then returned to confinement. A normally wild animal indigenous to this State, if held captive for a period of time, may be released to the wild. This section does not apply to domesticated ferrets. However, no ferret may be sold in this State without proper and current vaccination against rabies. Evidence of rabies vaccination is a certificate signed by a licensed veterinarian. A person who purchases or possesses a domesticated ferret shall maintain proper vaccination treatment for it annually.
(B) Purchasers of a domesticated ferret must be provided with a notice not less than eight inches by eleven inches which shall bear the following inscription in letters not less than three-fourths inch high:
"FERRETS HAVE A PROPENSITY TO MAKE UNPROVOKED ATTACKS THAT CAUSE BODILY INJURY TO A HUMAN BEING."
(C) Each business establishment in this State, to which has been issued a retail sales tax license, which offers ferrets for sale must prominently display a notice not less than eight inches by eleven inches which shall bear the following inscription in letters not less than three-fourths inch high:
"FERRETS HAVE A PROPENSITY TO MAKE UNPROVOKED ATTACKS THAT CAUSE BODILY INJURY TO A HUMAN BEING."
SECTION 47-5-60. Pets shall be inoculated annually; certificates and tags.
A pet owner must have it inoculated against rabies at a frequency to provide continuous protection of the pet from rabies using a vaccine approved by the department and licensed by the United States Department of Agriculture - Veterinary Biologics Division. Evidence of rabies inoculation is a certificate signed by a licensed veterinarian. The rabies vaccination certificate forms may be provided by the licensed veterinarian or by the department or its designee. The veterinarian may stamp or write his name and address on the certificate. The certificate must include information recommended by the National Association of State Public Health Veterinarians. The licensed veterinarian administering the vaccine shall provide one copy of the certificate to the owner of the pet and must retain one copy in his files for not less than three years. With the issuance of the certificate, the licensed veterinarian shall furnish a serially numbered metal license tag bearing the same number and year as the certificate with the name and telephone number of the veterinarian, veterinary hospital, or practice. The metal license tag at all times must be attached to a collar or harness worn by the pet for which the certificate and tag have been issued. Annually before February first, the veterinarian shall report to the department the number of animals inoculated against rabies during the preceding year. The department, in conjunction with licensed veterinarians, shall promote annual rabies clinics. The fee for rabies inoculation at these clinics may not exceed three dollars, including the cost of the vaccine, and this charge must be paid by the pet owner. Fees collected by veterinarians at these clinics are their compensation.
SECTION 47-5-70. [1962 Code Section 6-126; 1952 Code Section 6-126; 1950 (46) 2406; 1969 (56) 803; 1973 (58) 769] Repealed by 1992 Act No. 517, Section 4, eff September 2, 1992.
SECTION 47-5-80. Notice to health department of animal affected or suspected of being affected by rabies.
Whenever a pet or other animal is affected by rabies or suspected of being affected by rabies or has been bitten by an animal known or suspected to be affected by rabies the owner of the animal or any person having knowledge thereof shall forthwith notify the county health department in the county in which the animal is located, stating precisely where the animal may be found.
SECTION 47-5-90. Reports of animal bites to health department.
Every physician after his first professional attendance upon a person bitten by a pet or other animal shall within twelve hours report to the county health department the name, age, sex, color and precise location of the person so bitten and, when no physician attends, the parent or guardian of every child so bitten shall, within twelve hours after first having knowledge that the child was so bitten, make a like report to the county health department. When no physician attends an adult so bitten such adult or the person caring for him shall make a like report to the county health department.
SECTION 47-5-100. Confinement, examination, or destruction of biting or attacking animal.
The county health department shall serve notice upon the owner of a dog or cat which has attacked or bitten a person to confine the animal at the expense of the owner upon his premises or at a county pound or other place designated in the notice for at least ten days after the animal has attacked or bitten a person. The licensed veterinarian, the rabies control officer, or his assistants must be permitted by the owner of the pet or other animal which has attacked or bitten a person to examine the animal at any time, and daily if desired, within the ten-day period of confinement, to determine if the animal shows symptoms of rabies. No person may obstruct or interfere with the rabies control officer or his assistants in making the examination. The removal of the head of an animal suspected of having rabies must be performed by a licensed veterinarian, but the county health department may provide for the removal of the head if there is no veterinarian practicing within the county where the suspected animal is located or if no veterinarian located within the county will remove the head. The Department of Health and Environmental Control shall serve notice upon the owner of an animal other than a dog or cat when the department has knowledge that the animal has attacked or bitten a person. The notice must instruct the owner to have the animal immediately euthanized and have the brain submitted for rabies examination or to have the animal quarantined under conditions specified by the department. The owner shall comply immediately with the instructions in the notice.
SECTION 47-5-110. Confinement of animal bitten by animal suspected of having rabies.
The county health department shall serve a notice in writing upon the owner of a pet or other animal known to have been bitten by an animal known or suspected of being affected by rabies, requiring the owner to confine such animal for a period of not less than six months, except that animals properly treated with antirabic vaccine shall be confined for a period of not less than three months.
SECTION 47-5-120. General confinement and inoculation of animals for purpose of preventing spread of rabies.
Whenever the county board of health or the county health department has reason to believe, or has been notified by the Department of Health and Environmental Control, that there is danger that rabies may spread within that county, such board or department shall serve public notice by publication in a newspaper of general circulation in such county, requiring the owners of pets and other animals to confine such pets or other animals for such period as may be necessary to prevent the spread of rabies in such county. And when it shall be deemed advisable in the interest of public safety, the Department of Health and Environmental Control may order the inoculation against rabies of all pets or other animals so confined, whether or not such animal has been previously inoculated under the provisions of this chapter, and the Department of Health and Environmental Control shall aid the county health department in the execution of such emergency inoculations.
SECTIONS 47-5-130, 47-5-140. Repealed by 1992 Act No. 517, Section 4, eff September 2, 1992.
SECTIONS 47-5-130, 47-5-140. Repealed by 1992 Act No. 517, Section 4, eff September 2, 1992.
SECTION 47-5-150. Department to furnish antirabic (human) vaccine; pet owner to reimburse cost.
When it considers necessary, the department shall furnish antirabic (human) vaccine to the physician attendant upon persons bitten by or otherwise exposed to a pet or other animal found or suspected to be affected by rabies. If the department considers it necessary to provide antirabic (human) vaccine to the persons bitten or otherwise exposed to a pet suspected of or having rabies that has not been vaccinated, the pet owner shall reimburse the department for the cost of the vaccine. Reimbursement is due the department within thirty days after billing.
SECTIONS 47-5-160, 47-5-170. Repealed by 1992 Act No. 517, Section 4, eff September 2, 1992.
SECTIONS 47-5-160, 47-5-170. Repealed by 1992 Act No. 517, Section 4, eff September 2, 1992.
SECTION 47-5-180. Enforcement.
The department shall enforce this chapter. The sheriff and his deputies, the police officers in each incorporated municipality, and animal control officials in each county and municipality shall assist and cooperate with the county health department in enforcing this chapter.
SECTION 47-5-190. Liability for accident or subsequent disease from inoculation.
The county health departments, the county rabies control officers, their assistants, the Department of Health and Environmental Control, the public health veterinarian or anyone enforcing the provisions of this chapter shall not be held responsible for any accident or subsequent disease that may occur in connection with the inoculation of any animal as herein provided.
SECTION 47-5-200. Violations.
Any person refusing to comply with the provisions of this chapter or violating any of the provisions hereof shall be guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars or imprisoned not more than thirty days, for each offense.
SECTION 47-5-210. Further municipal restrictions not prohibited.
Nothing in this chapter shall be construed to limit the power of any municipality within the State to prohibit pets from running at large, whether or not they have been inoculated as herein provided; nor shall anything in this chapter be construed to limit the power of any municipality to regulate and control further in such municipality and to enforce other and additional measures for the restriction and control of rabies.
Federal/National laws and regulations
Most Federal Law relating to animals has to do with Animal Welfare, the prevention of contaminating US livestock with foreign infections, and with the transportation of animals.
This site includes information about:
Animal Cancer Research Act, Animal Disease Control Cooperation Act of 1947, Animal Drug Amendments of 1968 Animal Enterprise Protection Act of 1992,
Animal Industry Act, Animal Medicinal Drug Use Clarification Act of 1994, Animal Quarantine Acts, Animal Virus, Serum, Toxin, Antitoxin Act, Animal Welfare Act, Animal Welfare Act of 1970, and the Animal Welfare Act Amendments of 1976
US Code: Another all purpose site that lists all the different codes to include those involving animals.
The Office of the Law Revision Counsel prepares and publishes the United States Code, which is a consolidation and codification by subject matter of the general and permanent laws of the United States.
http://www.access.gpo.gov/nara/cfr/cfr-table-search.html
National Archives and Records Administration
Federal Rabies Compendium:
Compendium of Animal Rabies Prevention and Control, 2001 National Association of State Public Health Veterinarians, Inc.*
This report is being published as a courtesy to both the National Association of State Public Health Veterinarians, Inc., and to the MMWR readership. Its publication does not imply endorsement by CDC.
The purpose of this compendium is to provide rabies information to veterinarians, public health officials, and others concerned with rabies prevention and control. These recommendations serve as the basis for animal rabies-control programs throughout the United States and facilitate standardization of procedures among jurisdictions, thereby contributing to an effective national rabies-control program. This document is reviewed annually and revised as necessary. Vaccination procedure recommendations are contained in Part I; all animal rabies vaccines licensed by the United States Department of Agriculture (USDA) and marketed in the United States are listed in Part II; Part III details the principles of rabies control.
Part I: Recommendations for Parenteral Vaccination Procedures
A. Vaccine Administration
All animal rabies vaccines should be restricted to use by, or under the direct supervision of, a veterinarian.
B. Vaccine Selection
Part II lists all vaccines licensed by USDA and marketed in the United States at the time of publication. New vaccine approvals or changes in label specifications made subsequent to publication should be considered as part of this list. Vaccines used in state and local rabies-control programs should have a 3-year duration of immunity. This constitutes the most effective method of increasing the proportion of immunized dogs and cats in any population.
C. Route of Inoculation
All vaccines must be administered in accordance with the specifications of the product label or package insert. Adverse reactions and vaccine failures should be reported to USDA, Animal and Plant Health Inspection Service, Center for Veterinary Biologics at (800) 752-6255 or by e-mail at CVB@usda.gov.
D. Wildlife and Hybrid Animal Vaccination
The efficacy of parenteral rabies vaccination of wildlife and hybrids (the offspring of wild animals crossbred to domestic dogs and cats) has not been established, and no such vaccine is licensed for these animals. Zoos or research institutions may establish vaccination programs that attempt to protect valuable animals, but these programs should not replace appropriate public health activities that protect humans.
E. Accidental Human Exposure to Vaccine
Human exposure to parenteral animal rabies vaccines listed in Part II does not constitute a risk for rabies infection. However, human exposure to vaccinia-vectored oral rabies vaccines should be reported to state health officials.
F. Identification of Vaccinated Animals
Agencies and veterinarians may adopt the standard tag system to aid in the administration of animal rabies control procedures.
International laws and regulations
Most International Laws that concern animals are about the transportation of livestock, prevention and containment of disease, and treaties designed to slow the destruction of habitat and endangered species.
The purpose of ASIL's Wildlife Interest Group is to contribute to the objective of conserving endangered wildlife species by helping to strengthen international wildlife treaty regimes, regional accords and national legislation that implements international treaty regimes. The group's efforts focus on scholarship and public education efforts
A Little about Animals and Biological Warfare
Prior to the terroist attack on Sept 11, you'll remember that the headlines were full of the threat of Mad Cow Disease, Foot and Mouth, and Equine Encepalomyelitis.
There are lots of precautions our border patrol officers are taking to minimize the spread of these diseases...and there are lots of rules, laws, and regulations meant to control, prevent, and eradicate. For the most part, you don't need to know about these laws unless you're involved in the transporting of livestock.
Now that we veterinarians are getting crash courses to refresh us about Anthrax and other possible diseases that might be used by terrorists, I've learned that biological warfare has been with us a long time. The ancients poisoned the wells of their enemies with the bodies of animals and humans who had died of epedemic diseases as a matter of course. According to Dr Anthony Daniels article in the National Review, the beginning of the Black Death in Europe...which ended up killing a third of the population...started because the Tartars were besieging the Genoan trading outpost of Caffa on the Cimean coast in 1346 when plaque broke out among them. Turning this catastrophic disease into a weapon, the Tartars lobbed the dead with catapults over the city walls...and the poor Genoans fled by ship back to Genoa...taking the plaque with them from whence the Black Death spread throughout Europe.
The British used blankets to spread smallpox among the American Indians, knowing they were especially susceptible to this disease. The same disease wiped out much of the South American Indians making the Spanish conquest of South America easy, although there is no evidence that the Spanish infected the native peoples on purpose as the British did.
In the Great War, the Germans tried to infect Romanian Sheep, destined for export to Russia, with anthrax! And the French likewise tried to infect German horses with glanders.
In 1915, Dr Dilger, a German resident of Washington DC, secretly infected horses, mules, and cows being shipped to the Allies with anthrax that he produced in his own house. He succeeded in infecting several hundred military personnel in the process.
Also during the Great War, when influenza killed more people than bombs, mustard gas, and bullets; workers at the post office used bats and clubs with nails and spikes to pound on the mail to perforate the letters prior to fulmigation.
Prior to World War ll, the Japanese developed and experimented with the largest scale biological warfare programs in history...using (killing) thousands of conquered Chinese people in Manchuria as guinea pigs.
They also infected the wells and rivers of China with typhoid, which led to God knows how many deaths...but a least 1700 of their own Japanese soilders.
The list goes on.
On Other Pages:
On Our Other Sites:
The Animal Pet Doctor: all about the treatment of the sick and injured. About the Human Animal Bond. About Animal Politics. And a more profound discussion of many topics introduced on this site.
Misc Links:
The purpose of ASIL's Wildlife Interest Group is to contribute to the objective of conserving endangered wildlife species by helping to strengthen international wildlife treaty regimes, regional accords and national legislation that implements international treaty regimes.
"I am" is reportedly the shortest sentence
in the English language.
Could it be that- "I do" is the longest sentence?
If it's true that we are here to help others,
then what exactly are the others here for?
Last night I played a blank tape at full blast.
The mime next door went nuts.
TWO WOLVES
A Native American grandfather was talking to his grandson about how he felt about the September 11th tragedy. He said, "I feel as if I have two wolves fighting in my heart. One wolf is the vengeful, angry, violent one. The other wolf is the loving, compassionate one."
The grandson asked him, "Which wolf will win the fight in your heart?"
The grandfather answered, "The one I feed."
JUST A HUNDRED YEARS AGO.......
The year is 1902 , one hundred years ago ... what a difference a century makes. Here are the U.S. statistics for 1902:
1. The average life expectancy in the U.S. was forty-seven (47).
2. Only 14 Percent of the homes in the U.S. had a bathtub.
3. Only 8 percent of the homes had a telephone. A three-minute call from Denver to New York City cost eleven dollars.
4. There were only 8,000 cars in the U.S. and only 144 miles of paved roads.
5. The maximum speed limit in most cities was 10 mph.
6. Alabama, Mississippi, Iowa, and Tennessee were each more heavily populated than California. With a mere 1.4 million residents, California was only the 21st most populous state in the Union.
7. The tallest structure in the world was the Eiffel Tower.
8. The average wage in the U.S. was 22 cents an hour.
9. The average U.S. worker made between $200 and $400 per year.
10. A competent accountant could expect to earn $2000 per year, a dentist $2,500 per year, a veterinarian between $1,500 and $4,000 per year, and a mechanical engineer about $5,000 per year.
11. More than 95 percent of all births in the U.S. took place at home.
12. Ninety percent of all U.S. physicians had no college education. Instead, they attended medical schools, many of which were condemned in the press and by the government as "substandard."
13. Sugar cost four cents a pound. Eggs were fourteen cents a dozen. Coffee cost fifteen cents a pound.
14. Most women only washed their hair once a month and used borax or egg yolks for shampoo.
15. Canada passed a law prohibiting poor people from entering the country for any reason.
16. The five leading causes of death in the U.S. were:
1. Pneumonia and influenza
2. Tuberculosis
3. Diarrhea
4. Heart disease
5. Stroke
17. The American flag had 45 stars. Arizona, Oklahoma, New Mexico, Hawaii and Alaska hadn't been admitted to the Union yet.
18. The population of Las Vegas, Nevada was 30.
19. Crossword puzzles, canned beer, and iced tea hadn't been invented.
20. There were no Mother's Day or Father's Day.
21. One in ten U.S. adults couldn't read or write. Only 6 percent of all Americans had graduated from high school.
22. Marijuana, heroin, and morphine were all available over the counter at corner drugstores. According to one pharmacist, "Heroin clears the complexion, gives buoyancy to the mind, regulates the stomach and the bowels, and is, in fact, a perfect guardian of health."
23. Eighteen percent of households in the U.S. had at least one full-time servant or domestic.
24. There were only about 230 reported murders in the entire U.S.
As they say, "We've come a long way, Baby!"
BRASS MONKEYS
In the heyday of sailing ships, all war ships and many freighters carried
iron cannons. Those cannon fired round iron cannon balls.
It was necessary to keep a good supply near the cannon.
But how to prevent them from rolling about the deck?
The best storage method devised was a square based pyramid with one ball
on top, resting on four resting on nine which rested on sixteen. Thus, a
supply of thirty cannon balls could be stacked in a small area right next to the cannon.
There was only one problem -- how to prevent the bottom layer from
sliding or rolling out from under the others.
The solution was a metal plate called a Monkey" with sixteen round
indentations. But, if this plate was made of iron, the iron balls would
quickly rust to it.
The solution to the rusting problem was to make "Brass Monkeys."
Few landlubbers realize that brass contracts much more and much faster
than iron when chilled. Consequently, when the temperature dropped too far,
the brass indentations would shrink so much that the iron cannon balls would
come right off the monkey.
Thus, it was quite literally, "Cold enough to freeze the balls off a brass monkey!"
(And all this time you thought that was a dirty expression, didn't you?)
Life is like a bank account
She is 92 years old, petite, well-poised, and proud. She is fully dressed each morning by eight o'clock, with her hair fashionably coifed, and her
makeup perfectly applied, in spite of the fact she is legally blind.
Today she has moved to a nursing home. Her husband of 70 years recently
passed away, making this move necessary. After many hours of waiting
patiently in the lobby of the nursing home, where I am employed, she smiled sweetly when told her room was ready. As she maneuvered her walker to the elevator, I provided a visual description of her tiny room, including the eyelet
curtains that had been hung on her window.
"I love it," she stated with the enthusiasm of an eight-year-old having just
been presented with a new puppy. "Mrs. Jones, you haven't seen the room... just wait," I said.
Then she spoke these words that I will never forget.
"That does not have anything to do with it," she gently replied. "Happiness
is something you decide on ahead of time. Whether I like my room or not
does not depend on how the furniture is arranged. It is how I arrange my
mind. I have already decided to love it. It is a decision I make every
morning when I wake up. I have a choice. I can spend the day in bed recounting the difficulty I have with the parts of my body that no longer work, or I can
get out of bed and be thankful for the ones that do work. Each day is a
gift, and as long as my eyes open, I will focus on the new day and all of
the happy memories I have stored away, just for this time in my life.
Life is like a bank account. You withdraw from what you have already put in."
More Just For Fun:
JUSTICE AT ITS BEST
Ya gotta love this logic!
At the 1994 annual awards dinner given for Forensic Science, AAFS President
Dr Don Harper Mills astounded his audience with the legal complications of a bizarre death.
Here is the story.
On March 23, 1994 the medical examiner viewed the body of Ronald Opus and concluded that he died from a shotgun wound to the head.
Mr. Opus had jumped from the top of a ten-story building intending to commit suicide. He
left a note to the effect indicating his despondency.
As he fell past the
ninth floor his life was interrupted by a shotgun blast passing through a
window, which killed him instantly. Neither the shooter nor the deceased
was aware that a safety net had been installed just below the eighth floor
level to protect some building workers and that Ronald Opus would not have been able to complete his suicide the way he had planned.
"Ordinarily, "Dr. Mills continued, "A person who sets out to commit suicide
and ultimately succeeds, even though the mechanism might not be what he intended, is still defined as committing suicide."
That Mr. Opus was shot on the way to certain death, but probably would not
have been successful because of the safety net, caused the medical examiner to feel that he had a homicide on his hands.
In the room on the ninth floor, where the shotgun blast emanated, was
occupied by an elderly man and his wife.
They were arguing vigorously and he was threatening her with a shotgun. The man was so upset that when he
pulled the trigger he completely missed his wife and the pellets went
through the window striking Mr. Opus.
When one intends to kill subject "A" but kills subject "B" in the attempt,
one is guilty of the murder of subject "B." When confronted with the murder
charge the old man and his wife were both adamant and both said that they
thought the shotgun was unloaded.
The old man said it was a long-standing habit to threaten his wife with the unloaded shotgun. He had no intention to murder her. Therefore, the killing of Mr. Opus appeared to be an
accident; that is, if the gun had been accidentally loaded.
The continuing investigation turned up a witness who saw the old couple's
son loading the shotgun about six weeks prior to the fatal accident. It
transpired that the old lady had cut off her son's financial support and
the son, knowing the propensity of his father to use the shotgun
threateningly, loaded the gun with the expectation that his father would
shoot his mother. Since the loader of the gun was aware of this, he was
guilty of the murder even though he didn't actually pull the trigger.
The case now becomes one of murder on the part of the son for the death of
Ronald Opus.
Now comes the exquisite twist.
Further investigation revealed that the son
was, in fact, Ronald Opus. He had become increasingly despondent over the failure of his attempt to engineer his mother's murder. This led him to jump off the ten story building on March 23rd, only to be killed by a
shotgun blast passing through the ninth story window.
The son had actually
murdered himself so the medical examiner closed the case as a suicide.
PLANT YOUR POTATOES
An old man lived alone in Minnesota. He wanted to spade his potato garden,
but it was very hard work.
His only son, who would have helped him, was in
prison. The old man wrote a letter to his son and mentioned his
predicament.
Shortly, he received this reply, "For HEAVEN'S SAKE, Dad,
don't dig up that garden, that's where I buried the GUNS!"
At 4 A.M. the next morning, a dozen police showed up and dug up the entire
garden, without finding any guns.
Confused, the old man wrote another note
to his son telling him what happened, and asking him what to do next.
His son's reply was: "Now plant your potatoes, Dad. It's the best I could
do at this time."
