Bsl Alert - Sumter County, South Carolina

SUMTER COUNTY, [font=Geneva, Arial, Sans-serif]SOUTH CAROLINA[/font][font=Geneva, Arial, Sans-serif] BSL ALERT

Eugene (Gene) Baten, Vice-Chairman of Sumter County Council has proposed an ordinance, which he feels will put an end to dog fighting and dog abuse.

Here is a brief summary of Mr. Baten’s proposal; Limit a person or
household to NO MORE THAN FIVE dogs of the breed known as the "American Pit Bull Terrier" or similar breeds that are over the age of 3 months. Require all “pit bulls” in the county to be registered as "Dangerous Dogs", with owners complying to the State’s Dangerous Animal Act on the containment, insuring, etc., of a "dangerous animal". Requiring anyone keeping multiple Pit Bulls of 2-5 animals to obtain a breeder's license (currently Sumter County does not have regulations in place for licensing dog breeders of any breed), and a business license, even if the individual's dogs are spayed/neutered and not actually used for breeding, and includes anyone who does Pit Bull Rescue. Persons desiring to keep up to five “pit bulls” in addition to the licensing requirement must be subjected to random searches and inspections of their property by the Sumter County Sheriff's Department who will make the determination that no additional “pit bulls” that would exceed five in number are present, that the dogs present are not showing signs of being fought, are properly contained, etc, thus making Kennel Inspectors out of Sumter County Sheriff's Department. Searches and inspections by deputies are to be carried out without a warrant, and can be conducted any time day or night, with or without the owner's presence.

“As problems, such as biting, attacks on humans or other animals, or use in dog fighting, hog fighting, etc, become noted with other breeds and types of dogs those additional breeds will be added to the list of dogs that will be restricted in the same manner as the Pit Bulls” Baten said. Baten is also adamant that the problem nationwide right now with dog fighting is almost exclusively with "Pit Bulls", and that by making it harder to get or keep them, the problem of dog fighting and dog attacks all but disappear. “If I have to restrict every known breed of dog in Sumter County, I’m willing to do just that” said Baten.

A public hearing and second reading of this ordinance is to be held at the Sumter County Administration Building located on Harvin Street in [/font][font=Geneva, Arial, Sans-serif]Sumter, South Carolina[/font][font=Geneva, Arial, Sans-serif] at 6:00 pm, on August 14th, 2007


Sumter County Council Members Contact Information

[/font][font=Geneva, Arial, Sans-serif]13 East Canal Street • Sumter, South Carolina 29150[/font]
[font=Geneva, Arial, Sans-serif]Phone: [/font][font=Geneva, Arial, Sans-serif]803-436-2102[/font][font=Geneva, Arial, Sans-serif] • Fax #: [/font][font=Geneva, Arial, Sans-serif]803-436-2108[/font]
[font=Geneva, Arial, Sans-serif]http://www.sumtercountysc.org/council.htm[/font]

[font=Geneva, Arial, Sans-serif]Council Member, Dist. 1
Roland Robinson
[/font][font=Geneva, Arial, Sans-serif]4625 Patriot Parkway
Sumter, SC 29150[/font][font=Geneva, Arial, Sans-serif]
803-494-3105 (home)
803-494-2900 (office)
803-494-2900 (fax)
[/font][font=Geneva, Arial, Sans-serif]rgagency@ftc-i.net[/font]

[font=Geneva, Arial, Sans-serif]Council Member, Dist. 2
Artie Baker
3680 [/font][font=Geneva, Arial, Sans-serif]Bakersfield[/font][font=Geneva, Arial, Sans-serif] Lane
[/font][font=Geneva, Arial, Sans-serif]Dalzell, SC 29040[/font][font=Geneva, Arial, Sans-serif]
803-469-3638 (home)

Council Member, Dist. 3
James (Jimmy) R. Byrd, Jr.
[/font][font=Geneva, Arial, Sans-serif]2280 Lloyd Dr.
Sumter, SC 29154[/font][font=Geneva, Arial, Sans-serif]
983-3188 (mobile)
778-0796 (Office)
775-2726 (Fax)
[/font][font=Geneva, Arial, Sans-serif]jamesbyrdjr@ftc-i.net[/font][font=Geneva, Arial, Sans-serif]


Council Member, Dist. 4
Charles T. Edens
[/font][font=Geneva, Arial, Sans-serif]760 Henderson Street
Sumter, SC 29150[/font][font=Geneva, Arial, Sans-serif]
803-775-0044 (home)
803-469-6405 (fax)

Council Member, Dist. 5
Vivian Fleming-McGhaney,
Chairwoman of County Council
[/font][font=Geneva, Arial, Sans-serif]9765 Lynches River Road
Lynchburg, SC 29080[/font][font=Geneva, Arial, Sans-serif]
803-437-2797 (home)
803-495-3247 (office)

County Council, Dist. 6
Larry Blanding
Post Office Box 1446
[/font][font=Geneva, Arial, Sans-serif]Sumter, SC 29151[/font][font=Geneva, Arial, Sans-serif]
803-775-8062 (home)

Council Member, Dist. 7
Eugene (Gene) Baten,
Vice-Chairman of County Council
P.O. Box 3193
[/font][font=Geneva, Arial, Sans-serif]Sumter, SC 29151[/font][font=Geneva, Arial, Sans-serif]
803-773-0815 (home)
803-775-6815 (office)
803-773-6232 (fax) [/font]

 

Oh boy here we go....

 

this is total bullcrap....since when can anyone just walk on your property and check out your stuff.

Baten, put down the drugs. The problem is the irresponsible owner, that's the damn problem. And dog attacks will NEVER disappear, since there are alot of other breeds that attack.

 

Baten, put your seat belt on because I'm just as adamant as you are. Be prepared for the letter you are going to receive from me. :mad:

 

Not on my watch. Don't these guys even know the rules that they swore to follow?

Amendment IV



The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Also, look here for any supporting arguements:
http://en.wikipedia.org/wiki/Fourth_Amendment_to_the_United_States_Constitution

Hope this helps some. That law is total BS, how are you a breeder with dogs that are fixed?

 

As far as I am concerned that is SC for you, they will never change...they wrote there laws and have no idea of them. They think whatever they want to do, they can, because they are........??????I cant even answer that...

 

That would be the day I let someone come check my property without warrent. If no one is home and they are allowed to enter your property / yard at a whim then what is there to stop them from killing your dogs.

I can see it now, "the dog tried to bite us so we shot him". Sorry you were not home to accually witness it. I don't think they will get away with that law. The other crap they might be able to pass but the ilegal search of your property is a hard thing to get around.

Sound like you folks from SC are in for a rough one on this law.

 

This was taken from the South Carolina constitution:

Article I, Section 10: Searches and seizures; invasions of privacy.
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures and unreasonable invasions of privacy shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, the person or thing to be seized, and the information to be obtained.

South Carolina Code of Laws:

TITLE 47. ANIMALS, LIVESTOCK AND POULTRY

CHAPTER 3. DOGS AND OTHER DOMESTIC PETS
ARTICLE 13. REGULATION OF DANGEROUS ANIMALS


CODE COMMISSIONER'S NOTE

Two Article 11's were enacted during the 1988 legislative session by Act Nos. 512 and 515. By direction of the Code Commissioner, Article 11 as enacted by 1988 Act No. 515 has been changed to Article 13, §§ 47-3-710 through 47-3-770.

SECTION 47-3-710. Definitions. [SC ST SEC 47-3-710]

(A) As used in this article "dangerous animal" means an animal of the canine or feline family:

(1) which the owner knows or reasonably should know has a propensity, tendency, or disposition to attack unprovoked, cause injury, or otherwise endanger the safety of human beings or domestic animals;

(2) which:

(a) makes an unprovoked attack that causes bodily injury to a human being and the attack occurs in a place other than the place where the animal is confined as required by Section 47-3-720; or

(b) commits unprovoked acts in a place other than the place where the animal is confined as required by Section 47-3-720 and those acts cause a person to reasonably believe that the animal will attack and cause bodily injury to a human being;

(3) which is owned or harbored primarily or in part for the purpose of fighting or which is trained for fighting.

(B) "Dangerous animal" does not include:

(1) an animal used exclusively for agricultural purposes; or

(2) an animal which attacks a person who is trespassing or who appears to be trespassing. A trespasser is a person who is not lawfully upon the premises of the owner, as set forth in Section 47-3-770(A).

(C) An animal is not a "dangerous animal" solely by virtue of its breed or species.

(D) As used in this article "owner" means a person who owns or has custody or control of the animal.

(E) As used in this article, "injury" or "bodily injury" means (1) broken bones, (2) lacerations, (3) punctures of the skin, or (4) any physical injury resulting in death.



Don't you just love how local g'vt tries to make laws that are unconstituional?