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Detailed Discussion of South Carolina Great Ape Laws |
The following article discusses Great Ape law in South Carolina. In the state of South Carolina, there is no specific law that mentions great apes or contains an outright ban on private ownership of great apes. Any protection great apes receive in the state is due to their status as federally-protected endangered species. Regulations issued under the authority of the South Carolina Nongame and Endangered Species Conservation Act ban the possession of federally-listed endangered or threatened species except by scientific or conversation permit issued by the South Carolina Department of Natural Resources. This would exclude many uses of apes in the private sector. Great apes are generally protected from intentional abuse and neglect under the state’s anti-cruelty law. However, this law excludes certain activities permitted under Title 50 of the state’s fish and game code such as scientific collection and zoological purposes. |
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Harris v. Anderson County Sheriff's Office |
In this South Carolina case, the court considered the meaning of the term "or" in the state's dog bite statute, SC ST 47-3-110, and whether that word allows a plaintiff to pursue a statutory claim against the owner of the dog while that dog is in the care of another. The facts concerned a veterinary assistant who sued a county sheriff's officer after she was bitten by a police dog while the dog was kenneled at the veterinary clinic where she worked. The lower court granted summary judgment for the sheriff's office. The Supreme Court disagreed with this interpretation. Based on a plain language reading of the statute, the Court concluded that the Legislature intended to allow a claim against the owner of the dog when another person has the dog in his care or keeping.
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Ott v. Pittman |
In this South Carolina case, a dog owner brought a negligence action against a hog farmer who shot two of the owner's champion "Treeing Walker Coonhound" dogs. The farmer counterclaimed, alleging damages for the dogs' action and malicious prosecution. The lower court ordered judgment for the dogs' owner (Ott) in the amount of $19,800, finding Pittman 90% liable. On the farmer's appeal, this court upheld the $19,800 award, finding sufficient support based on expert testimony about the specific qualities of the breed.
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SC - Assistance Animal - Assistance Animal Laws |
The following statutes comprise the state's relevant assistance/service animal laws. |
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SC - Bite - § 47-3-110. Liability for attacks by dogs, provoked attacks, trained law enforcement dogs. |
This South Carolina statute provides that if a 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 dog owner or person having the dog in the person's care or keeping, the dog owner or person having the dog in the person's care or keeping is liable for the damages suffered by the person bitten or otherwise attacked. If a person provokes a dog into attacking him then the owner of the dog is not liable. |
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SC - Cruelty - Consolidated Cruelty Statutes |
This South Carolina subsection comprises the state's anti-cruelty laws. The term "animal" under this subchapter includes all living vertebrate creatures except homo sapiens (but see the exclusion section where fowl are specifically excluded). Animal cruelty occurs when a person 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. The statute also has a felony provision for the torture, tormenting, needless mutilation, cruel killing, or infliction of excessive or repeated unnecessary pain. |
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SC - Disaster - South Carolina Emergency Operation Plan (Annex 17) |
The South Carolina Emergency Management Division (SCEMD) is the state agency with the responsibility for the development, coordination, and maintenance of the South Carolina Emergency Operations Plan, Hurricane Plan, Earthquake Plan, Terrorism Plan and other selected plans. Annex 17 is the main document covering animals in disaster situations for the state. |
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SC - Dog - Consolidated Dog Laws |
These statutes comprise South Carolina's state dog laws. Among the provisions include laws concerning damage done by dogs (especially to livestock), rabies control provisions, and registration requirements. |
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SC - Dogfighting - Chapter 27. Animal Fighting and Baiting Act. |
This South Carolina section comprises the state's Animal Fighting and Baiting Act. Under the Act, any person who owns an animal for the purpose of fighting or baiting, is a party to any fighting or baiting of any animal, or obtains the use of any structure for the purpose of fighting or baiting any animal is guilty of a felony and upon conviction must be punished by a fine of $5000 or 5 years imprisonment or both. The section also provides for seizure and forfeiture of animals used in fighting operations. |
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SC - Domestic Violence - Protection from Domestic Abuse Act |
South Carolina now allows a judge to issue a protective order that prohibits the harm or harassment against any pet animal owned, possessed, kept, or held by the petitioner; any family or household member designated in the order; or the respondent if the petitioner has a demonstrated interest in the pet animal.The law also allows the judge to issue a protective order that provides for temporary possession of the personal property, including pet animals, of the parties and order assistance from law enforcement officers in removing personal property of the petitioner if the respondent's eviction has not been ordered. |
