Decision Memorandum

Date: September 7, 2018

Prepared by: H. Randolph Haldi, Deputy County Attorney
Re: Small Animal Tethering

ISSUE:

Staff was requested to review the Small Animal Management provisions of the Horry County Code
of Ordinances to address concerns about the outdoor tethering of small animals.

DISCUSSION:

Members of the public have provided input regarding the inhumane tethering of dogs in our
community, requesting that the County revise the tethering provisions found in the Small Animal
Management section of the Horry County Code of Ordinances so as to increase protections
concerning the inhumane treatment or abuse of animals.

The Horry County Animal Care Center has advised that it receives 1-2 animals per month who
have suffered injuries as the result of improper or inhumane tethering. Law enforcement has
further advised that revised regulations may provide for additional circumstances in which police
intervention would be warranted.

To address these concerns, a proposed amendment to the existing provisions was prepared that is
consistent with regulations adopted by several other South Carolina counties and municipalities,
and incorporates the recommendations provided by the Grand Strand Humane Society.

RECOMMENDATION:

Staff has prepared a proposed ordinance amending the current Small Animal Management
provisions of Chapter 4 of the Horry County Code of Ordinances for consideration by County
Council.
COUNTY OF HORRY ) ORDINANCE NO. -18
STATE OF SOUTH CAROLINA )

AN ORDINANCE AMENDING CHAPTER 4 (ANIMALS AND FOWL), SECTION 4-3(c)(2)

OF THE HORRY COUNTY CODE OF ORDINANCES, SO AS TO PROVIDE
RESTRICTIONS REGARDING THE OUTDOOR TETHERING OF SMALL ANIMALS.

WHEREAS, County Council recognizes the importance of protecting the health and welfare
of small animals, and desires to discourage the inhumane treatment or abuse of such
animals within the unincorporated areas of Horry County for the benefit of all residents,
citizens, and visitors; and

WHEREAS, the Small Animal Management provisions of the Horry County Code of
Ordinances do not currently provide adequate restrictions with regard to the tethering of
small animals within the unincorporated areas of Horry County.

NOW, THEREFORE, by the power and authority granted to the Horry County Council by
the Constitution of the State of South Carolina and the powers granted to the County by the
General Assembly of the State, the following hereby is ordained and enacted:

1. CODE AMENDMENT: Chapter 4, Section 4-3(c)(2) of the Horry County Code of

Ordinances is hereby amended as follows:

A. Section 4-3(c)(2) is amended to clarify the restrictions regarding the outdoor

tethering of small animals.

As amended, Section 4-3(c)(2) shall read as follows:

Sec. 4-3. – Care and treatment; creating public nuisance.

(c) Unlawful acts:

(2) Keep a vicious or unruly dog, unless under restraint by a fence or chain
so that such dog cannot reach persons not on land owned, leased or
controlled by him; however, chains used should be of adequate length
and appropriate weight to allow the animal adequate freedom of
movement, and should be attached with an appropriately fitted collar
around the neck of the animal;

(2) Tethering—It shall be unlawful to tether an animal while outdoors,

except when all of the following conditions are met:

(A) The animal must be over the age of six months.

(B) The tether is connected to the animal with a buckle-type collar

or a body harness made of nylon or leather, and such collar or
harness is not less than one inch in width and is at least one
inch greater in diameter than the animal’s neck or torso.

(C) The tether has the following properties:

 1. A minimum 8-foot length;

2. A swivel-type termination at both ends; and

3. Total weight does not exceed ten percent of the animal’s

body weight.

(D) The animal is not outside for longer than 15 minutes during
extreme weather, including, but not limited to, temperatures
above 100 degrees Fahrenheit or below 36 degrees Fahrenheit,
snow, hail, tornadoes, thunderstorms, tropical storms, or
hurricanes.

(E) The animal is tethered so as to prevent injury, strangulation, or

entanglement.

(F) The animal has access to water, food, and shelter.

(G) The animal is not tethered where any object may interfere or
impede free movement of the tether.

(H) The animal is not sick or injured.

(I) The animal is not tethered in such proximity to any other

tethered animal that would allow entanglement.

(J) The animal is not tethered on any property with an unoccupied

dwelling, to include, but not be limited to, abandoned or
condemned buildings.

(K) Any pulley, running line, or trolley system to which a tether is

attached shall be no less than 8 feet in length and no more than
seven feet above ground.

This section shall not apply to animals tethered as part of training for
hunting or sport dogs, for animals involved in public events (dog shows,
fairs, etc.) or animals at campgrounds located within the unincorporated
areas of Horry County.

Nothing in this section shall be construed to prohibit a person from

walking a small animal on a hand-held leash.

2. SEVERABILITY. If any Section, Subsection, or part of this Ordinance shall be deemed

or found to conflict with a provision of South Carolina law, or other pre-emptive legal
principle, then that Section, Sub-section or part of this Ordinance shall be deemed
ineffective, but the remaining parts of this Ordinance shall remain in full force and effect.

3. CONFLICT WITH PRECEDING ORDINANCES. If a Section, Sub-section or provision

of this Ordinance shall conflict with the provisions of a Section, Sub-section or part of a
preceding Ordinance of Horry County, unless expressly so providing, then the preceding
Section, Sub-section or part shall be deemed repealed and no longer in effect.

4. EFFECTIVE DATE. This Ordinance shall become effective on Third Reading.

AND IT IS SO ORDAINED, ENACTED AND ORDERED.

Dated this ______ day of _______________, 2018.

HORRY COUNTY COUNCIL

________________________________________
Mark Lazarus, Chairman

Harold G. Worley, District 1 Harold Phillips, District 7

Bill Howard, District 2
Dennis DiSabato, District 3
Gary Loftus, District 4
Tyler Servant, District 5
Cam Crawford, District 6
Johnny Vaught, District 8
W. Paul Prince, District 9
Danny Hardee, District 10
Al Allen, District 11

Attest:

__________________________________
Patricia S. Hartley, Clerk to Council

First Reading:
Second Reading:
Third Reading: