OK, here's the Kershaw County dangerous dog legislation that is being considered by the Kershaw County Council:

SECTION I. Legislative Findings

Kershaw County Council is empowered, pursuant to the provisions of section 4-9-30 of the South Carolina Code of Laws 1976 (as amended), to enact regulations and ordinances as may appear to council necessary and proper for the security, general welfare, and convenience of counties, or for preserving health, peace, order and good government in them. Section 4-9-25 of the South Carolina code of Laws, 1976 (as amended); and

SECTION II. Kershaw County Council is informed and believes that regulation and control of dangerous animals are essential to the enhancement of the quality of life and safety enjoyed by the citizens of the county and to promote the health, safety, and general well being of the citizens of Kershaw County,

SECTION III. NOW, THEREFORE, BE IT ENACTED by Kershaw County Council Article II, Sections 3-36 through 3-39 entitled "Dangerous Animals" as follows:

Sec. 3-36. Prohibited

(a) It shall be unlawful for any person to own, keep, harbor or act as custodian of a:

(1) Dangerous animal declared by the animal control director or his or her designee as determined in Section 3.37(a);

(2) a. Non domestic member of the family felidae;
      b. Wolf-dog hybrid containing any percentage of wolf;
      c. Badger, wolverine, weasel, skunk and mink;
      d. Raccoon;
      e. Bear;
      f. Nonhuman primate to include ape, monkey, baboon, macaque, lemur;
      g. Marmoset, tamarin and other species of the order primates;
      h. Bat;
      i. Alligator, crocodile and caiman;
      j. Scorpion;
      k. Constricting snake of the following species: reticulated python, python reticulates; Burmese/Indian rock python, python molurus; rock python, python sebae, and anaconda, eunectes murinus;
      l. Venomous reptile; or
      m. Lizard over two feet which are members of the family varanidae.

(b) It shall be unlawful for any person to expose to public view or contact, exhibit either gratuitously or for a fee, and wild or feral animals identified in subsection 3-36(c), or any animal or mixed domestication and feral lineage within the county, public, or private property.

(c) Wild or feral animal means:

(1) Any animal which is not naturally tame or gentle, and which is of a wild nature or disposition, and which is capable of killing, inflicting serious injury upon, or causing disease among, human beings or domestic animals and having known tendencies as a species to do so;

(2) Any animal declared to be dangerous by the animal control director or his or her designatee as determined in Section 3.37(a);

(3) Any nondomesticated member of the order Carnivora;

(4) The following animals which shall be deemed ot be wild or feral animals per se:
      a. All nondomestic members of the family felidae;
      b. Wolves, wolf-dog hybrids containing and percentage of wolf, coyotes and foxes;
      c. Badgers, wolverines, weasels, skunks and mink;
      d. Raccoons;
      e. Bears;
      f. Nonhuman primate to include apes, monkeys, baboons, macaques, lemurs, marmosets, tamarins and other species of the order primates;
      g. Bats;
      h. Alligators, crocodiles and caiman;
      i. Scorpions;
      j. Any snakes or venomous reptile; or
      k. Lizards over two feet which are members of the family varanidae.

Sec. 3-37. Impoundment

(a)Determination of dangerous animals. The animal control director shall have the authority to determine if an animal is a dangerous animal. In making such determination the animal control director shall take into consideration the following factors, which are listed by way of illustration and not limitation: the animal's behavior, its size, its temperament, its breed, and its capacity for inflicting serious injury; the adequacy of the enclosure or confinement of the animal, if any; the likelihood that the conditions pertaining to the animal and the animal's confinement are detrimental to the safety or welfare of citizens, or peace and tranquility of citizens, in the immediate surrounding ares; theat there is a child under the age of 12 who lives in close proximity or walks by or is otherwise in close proximity to the property occupied by the animal; that the animal has bitten a huan being or domestic animal without provocation or a trespass or has approached a person in an apparent attitude of attack; that the animal has a known propensity, reputation, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings of domestic animals; animals used to threaten or intimidate citizens or other animals; or other similar factors which would be relevant to a determination of whether or not the animal is dangerous.

(b)Impoundment and notice to owner. After making a determination that an animal is a dangerous animal, the animal control director, or his or her designee, shall have the authority to immediately impound the animal. Upon impounding, the animal control director shall immediately notify the owner in writing that he or she has determined that the animal is a dangerous animal and that the animal has been impounded and will be humanely destroyed unless that owner appeals his determination to the county Administrator, in writing, within five days from the date of the notice. If the owner is not known, the animal control director shall impound the dangerous animal for five days and shall make a reasonable effort to locate the owner. If the owner cannot be located, the dangerous dog shall be humanely destroyed after the impoundment for the five-day period.

(c)Appeals; redemption. If any person shall inform the animal control director of the existence of than allegedly dangerous animal, the animal control director shall investigate to determine if the animal is a dangerous animals as defined in this chapter. The person alleging that the animal is dangerous shall provide supporting information within five days of making such allegation. Any owner of an animal that has been declared by the animal control director to be a dangerous animal shall have the right to appeal this decision to the County Administrator by requesting a hearing by the County Administrator or his designee. The request for hearing must be in writing and delivered to the County Administrator's office within five days after notice from the animal control director as provided for in this section. If, after the hearing, the County Administrator or his designee determines that the animal is a dangerous animal, the aggrieved owner shall have five days to appeal the County Administrator's adverse decision to a court of competent jurisdiction. If the County Administrator or his designee determines that the animal is not a dangerous animal, the animal shall be immediately returned to the owner without cost, except that the owner must comply with the other provisions of this chapter relating to his animal. If it is determined that the animal may not be redeemed by the owner and an appeal is made to a court of competent jurisdiction, the owner shall be responsible for posting a bond in an amount equal to two months boarding costs. If at the end of the two-month period, the appeal has not been resolved, the owner shall be responsible for all additional boarding and care costs through the date of final determination of the appeal. The owner shall have the right to redeem the animal, unless the animal has attacked or bitten a human being or domestic animal, in which case no redemption shall be had by the owner. In order to redeem a dangerous animal as provided in this section, the owner must prove to the satisfaction of the animal control director that the dangerous animal will be securely confined, must make payment of all costs incurred by the city in impounding and caring for the animal, must compo with or provide proof of compliance with all other provisions of this chapter. Upon expiration of the right of the owner or of the county to appeal the determination of an animal as being dangerous, the animal shall immediately be returned to the owner, without cost, if the animal has been determined not to be a dangerous animal, and if previously redeemed, the redemption requirements of this section shall be terminated. Upon termination of the right of the owner or of the county to appeal the determination of an animal as being dangerous, the animal shall be immediately and humanely destroyed by the animal control director, if the animal has been determined to be a dangerous animal. The owner shall then be liable to the county for all costs incurred by the county in impounding the caring for the animal, if the animal has been determined to be a dangerous animal.

Sec. 3-38 Signage for guard dogs or attack dogs.

All owners, keepers, harborers, lessees or custodians of any guard dog or attack dog shall display in a prominent place on their premises, and at each entrance or exit to the area in which such dog is confined, a sign, easily readable by the public, using the words "Beware of Dog" or wording of similar import in letters at least two inches in height. This section shall not apply to any guard dog or attack dog owned or used by law enforcement agencies.

Sec. 3-39. Penalty

Any person violating the provision of this chapter shall be subject to the maximum penalty as authorized by the magistrate's court.

KERSHAW COUNTY COUNCIL

By: Steve S. Kelly, Jr.
ITS: Chairman

The Kershaw County Commission meets on the 2nd and 4th Tuesday's of the month. Next meeting should be April 27th.

The Kershaw County Council members are:

Steve S. Kelly Jr. Council Chairman 803-432-0446

John Wesley Lee Council Vice Chairman 803-432-6500

James E. Arthur County Council 803-432-3725

Max Ford County Council 803-432-8295

Wesley O. Herndon County Council 803-438-1078; ex. 113

Gene McCaskill County Council 803-432-6001

John W. Wells County Council 803-438-4200