[ SHOWGSD-L ] Re: SC: AR target please help

  • From: <ricknaudra@xxxxxxx>
  • To: cleary1414@xxxxxxxxxxx, Showgsd-l <Showgsd-l@xxxxxxxxxxxxx>
  • Date: Fri, 21 Mar 2008 8:37:16 -0700

I'm sorry but if I saw a dog in any of these deplorable conditions stated in 
this bill (SEE below), I wouldn't hesitate to call the authorities. I don't see 
it as a blanket statement since the spell out exactly what they consider to be 
cruel.

As a side note; IF I WERE TO EVER SEE SOMEONE RELEASING DOGS FROM CRATES AT ANY 
DOG SHOW THAT I'M AT, THERE WILL BE HELL TO PAY! Someone will need to call a 
doctor so that they can remove my foot from their...<g>.

:o)
Havea  great weekend everyone!
Rick Haase


(B)    For purposes of this section: 
Amend Title To Conform 

Be it enacted by the General Assembly of the State of South Carolina: 

SECTION    1.    Chapter 1, Title 47 of the 1976 Code is amended by adding: 

"Section 47-1-45.    (A)    It is unlawful to knowingly or intentionally 
confine or restrain an animal in a cruel manner or knowingly or intentionally 
cause such cruel confinement or restraining of an animal. 

(B)    For purposes of this section: 

(1)    'Confine an animal in a cruel manner' or cruel confinement of an animal' 
means confining an animal by means of a cage, crate, pen, or similar 
confinement under circumstances in which the person intends to endanger the 
animal's health or safety, or the person reasonably should have known would 
endanger the animal's health or safety. 'Confine an animal in a cruel manner' 
or 'cruel confinement of an animal' includes, but is not limited to, a 
confinement that: 

(a)    confines an animal for such an unreasonable period of time that the 
animal's health or safety is endangered; 

(b)    does not permit an animal to stand, turn around, sit, and lie down in a 
normal position; 

(c)    cause bodily injury to an animal; 

(d)    does not permit an animal access to sustenance; 

(e)    does not permit proper ventilation for an animal; or 

(f)    is not kept in a sanitary condition. 

(2)    'Restrain an animal in a cruel manner' or 'cruel restraining of an 
animal' means tethering, fastening, chaining, tying, attaching, or otherwise 
restraining an animal to a tree, fence, post, or other stationary object or a 
running line, pulley, cable trolley system, or similar system by means of a 
chain, rope, tether, leash, cable, or similar restraint under circumstances in 
which the person intends to endanger the animal's health or safety, or the 
person reasonably should have known would endanger the animal's health or 
safety. 'Restrain an animal in a cruel manner' or 'cruel restraining of an 
animal' includes, but is not limited to, a restraint that: 

(a)    restricts an animal's movement for such an unreasonable period of time 
that the animal's health or safety is endangered; 

(b)    is of a weight that excessively burdens an animal; 

(c)    causes an animal to choke or causes bodily injury to an animal; 

(d)    is too short for an animal to move around or for an animal to urinate or 
defecate in a separate area from the area where the animal must eat, drink, or 
lie down; 

(e)    is situated such that an animal will likely become entangled; 

(f)    does not permit an animal access to sustenance and shelter; 

(g)    does not permit an animal to escape reasonably foreseeable harm; 

(h)    is attached to an animal by means of a collar, harness, or similar 
device that is not properly fitted for the age and size of the animal such that 
the collar, harness, or similar device causes trauma or injury to the animal; 
or 

(i)        is attached to an unsupervised animal by means of a choke-type or 
pronged collar. 

(C)    A person who knowingly or intentionally violates this section is guilty 
of a misdemeanor and, upon conviction, must be punished by imprisonment not 
exceeding sixty days or by a fine 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. A person may be issued a correction warning in lieu of an infraction 
requiring the person to correct the cruel confinement or restraining of an 
animal within seventy-two hours unless the violation endangers the health or 
safety of the animal, the animal has been wounded as a result of the violation, 
or a correction warning has previously been issued to the person. 

(D)    This section does not apply to accepted animal husbandry practices of 
farm operations, agricultural practices, wildlife management practices, or 
livestock. 

(E)    Nothing in this section prohibits local governments from adopting more 
stringent local ordinances governing the confinement or restraining of an 
animal; however, a local government may assess only civil penalties for such 
ordinances." 

SECTION    2.    This act becomes effective July 1, 2008. 







------------------------------ 
 
Msg: #4 in digest 
From: "Ginger Cleary" <cleary1414@xxxxxxxxxxx> 
Subject:  SC: AR target please help 
Date: Fri, 21 Mar 2008 09:12:57 -0400 
 
 
-----Original Message----- 
 
The South Carolina legislature, undoubtedly taking information from AR, 
has slipped a section into the anti-tether bill S 833 they have been 
trying to formulate for the last two years. This bill has been in the SC 
Senate judiciary committee being amended for the last two years. Noone 
knows when it will be over. 
 
The bill will allow AR to go after any dog in a crate, cage, pen, or on 
a tether. It has the usual clauses about access to sustenance but 
includes a sentence saying anyone who should "know better" is 
punishable. The standards are not definable the way this bill is 
written. It is a blanket statement. 
 
The bill had an exclusion for hunters. It has also been removed with 
this amendment. 
 
The current version of the bill: 
http://tinyurl.com/yv63fp 
 
See section 1 B. It's brand new as of yesterday. 
 
We worry about PETA coming to dog shows and releasing dogs. With this 
new law, they'll be able to come to shows with measuring sticks instead. 
 
SC has become an AR target. Please help by contacting our senate 
judiciary committee opposing this bill. All emails from everywhere 
needed and welcome. Below is text to send to senators with the senators 
on the judiciary committee's information. We could really use some help! 
Thanks very much. 
 
Dean Lake 
Legislative Liason 
Sandlapper Golden Retriever Club 
 
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