STATE OF SOUTH CAROLINA            )

                                                            )                       ORDINANCE NO. 05-18-07

COUNTY  OF  NEWBERRY   )

 

AN ORDINANCE AMENDING CHAPTER 96 OF THE NEWBERRY COUNTY CODE OF ORDINANCES RELATING TO ANIMAL CARE AND CONTROL, SO AS TO AMEND THE FEES CHARGED FOR UNWANTED ANIMALS BROUGHT TO THE ANIMAL CARE AND CONTROL SHELTER FROM OUTSIDE NEWBERRY COUNTY, AND OTHER RELATED MATTERS.  

 

WHEREAS, Newberry County Council, as the governing body of Newberry County, has the statutory authority to adopt Ordinances governing the regulation of animal control in the unincorporated areas of the County, and inside those municipalities in the County which have entered into an Agreement with the County to allow the County’s Animal Control Department personnel to enforce the animal control regulations within such municipalities;  and

WHEREAS, Newberry County Council, as authorized by § 4-9-30 of the S.C. Code of Laws, 1976, as amended, and by the statutory laws of the State of South Carolina, primarily found in Title 47 of the S.C. Code of Laws, 1976, as amended, has the power to make further provision for the orderly control of unwanted animals within such areas of the County, including the imposition of various fees for the acceptance and disposition of unwanted animals by the Animal Care and Control Department, all so as to more fully carry out the public policies of the County and State relating to such matters; and

WHEREAS, Newberry County Council has determined that persons who live outside the County are bringing large numbers of unwanted animals to the Newberry County Animal Care and Control Shelter for the disposition of such animals by either adoption or euthanasia, and that the expense of such disposition is being disproportionately borne by the taxpayers of Newberry County. Newberry County Council further finds that it is necessary to adjust the fees charged for receiving such animals so as to recover the actual cost of disposing of each such animal brought into the County by persons who reside elsewhere than in Newberry County; and

 

WHEREAS, no change in policy is being made for residents of Newberry County, who bring unwanted animals to the Shelter, and no fee shall be charged to such person who surrender such animals, as is currently provided in the Code of Ordinances at § 96.075(B).

NOW, THEREFORE, BE IT ORDAINED THAT NEWBERRY COUNTY COUNCIL DOES HEREBY AMEND CHAPTER 96 OF THE NEWBERRY COUNTY CODE OF ORDINANCES SO AS TO:

1.            Amend Section 96.060(C), relating to Unwanted Animals, as follows:

(C) Out-of County residents.  Any residents of neighboring counties other than Newberry County may bring their unwanted animals to Newberry County Animal Care and Control during normal business hours, Monday through Friday, 10:00 a.m. through 5:00 p.m.  They will be required to sign a custody surrender form like in the same manner as in-county residents, and provide positive proof of their place of  residency.   However, there will be required a $ 5 $15 fee per animal surrendered, which must be paid in full at the time of surrender.   Newberry County Animal Care and Control has the right to refuse animals:

 (1) which they consider to be dangerous, or

(2) are so sick as to pose a threat of transmitting contagious diseases to other animals at the shelter, or

  (3) if the number of animals tendered to the shelter is excessive or beyond the ability of the facility to cope with, in their judgment. 

(D)     The same adoption rules (4-1-1) will apply if the owner wants their animal back. If the person surrendering the animal changes his or her mind and wants the animal back after the surrender form has been signed, then the adoption procedures set forth in Sections 96.075, et seq., must be followed, if the animal is still alive and healthy enough for adoption.    Such adoption after surrender is not a right of the person surrendering the animal, but prior ownership or control of the animal is a factor which may be considered in the adoption process.  

 

AND IT IS SO ORDAINED by Newberry County Council this 11th day of July, 2007 

 

in                                 meeting duly assembled at  Newberry, South Carolina.

 

                        NEWBERRY COUNTY COUNCIL

            (SEAL)

By:__________________________

                   Henry B. Summer, Chairman

Attest:

___________________________

Susan C. Fellers, Clerk to Council

 

1st reading:            June 6, 2007                             Reviewed and approved as to form:

Public Hearing:            July 11, 2007                             _____________________________

2nd reading:            June      , 2007                           Gary T. Pope, County Attorney

3rd reading:            July 11, 2007                             _____________________________

                                                                        Wayne Adams, County Administrator