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 County Councilman offers “Animal Protection” ordinance for consideration web posted December 23, 2009 COUNTY – A county councilman has initiated an Animal Protection ordinance for Edgefield County that could be up for discussion in February. District 2 Councilman Rodney Ashcraft sent the draft to County Attorney Michael Medlock to be worded in ordinance form on Tuesday. “I don’t expect this to be the wording of the ordinance,” Ashcraft said. “But I think it is a starting point and will at least get a discussion going.” Councilman Ashcraft has asked that the information be included with the packets for each member of the county council in time for the January 5 meeting. Ashcraft said he was not asking for the matter to be placed on the agenda, it was to inform the rest of council of his intentions and to get the input of the other county council members in drafting the final ordinance. Although almost everything in the proposed ordinance is presently codified in Title 47 of the South Carolina Code of Laws, it does become more restrictive in defining types of restraints and tethers. Unreasonable restraints are listed as, “chain of a weight heavier than weight of dog, tether or chain that can tangle, choke or restrict animal's ability to reach food, water and shelter, length of restraint too short to provide appropriate movement and activity. Attachment of restraint to an inappropriate item not made for or intended to be around the animal's neck (i.e.-rope, string, chain, wire, plastic cord)”, read the draft copy obtained. According to the draft document, the ordinance would also give law enforcement, acting in the capacity of animal control, to immediately enter upon property and seize an animal with or without owner’s consent or presence if the animal falls under the protections of the ill treatments as defined in state law and those of the proposed ordinance. Edgefield County Attorney Michael Medlock said he received the draft and was in the process of reviewing the information. He said the penalties imposed by the county cannot be criminal, only civil, but fines could be imposed. Criminal penalties would still have to be brought through the state code of laws. Asked if the county could impose stricter regulation than state law provides Mr. Medlock said, “That’s something I am looking into now.” Medlock said he was preparing a brief to be presented to the county council on current ordinances because many impose criminal penalties. According to Mr. Medlock, the South Carolina Supreme Court has struck such locals laws down as unconstitutional when imposing criminal penalties not defined in the state code. However, that did not mean the ordinance could not move forward, Mr. Medlock said. The ordinance could define the local laws on a civil court basis in Magistrate Court and impose the criminal penalties using state law. Councilman Ashcraft said the purpose of the ordinance was to give Sheriff Adell Dobey’s Animal Control the ability to move more rapidly in animal abuse cases in the county. Seizure of an animal: Under the seizure clause the draft stated, “Any animal control officer may lawfully remove any animal found abandoned, neglected, or cruelly treated or unfit for use. In the case of an absent owner the officer may leave notice in a visible place for the owner or guardian of animal/property to contact animal control within twenty-four (24) hours and shall petition any magistrates’ court in the jury area wherein the animal is found, for a hearing which shall be a civil proceeding.” The hearing would have to be held within ten days and the owner would be judged as to fitness to have or control the animal seized. © Copyright 2009
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