CLAW - COALITION FOR LEGAL ANIMAL WELFARE

PO Box 6367

North Augusta, SC 29861

803-221-5421

Home    What We Do/Abuse Laws    Throw-Aways/Sign Petition    Burke County Letter    Animals for Adoption   
The reason I decided to start a non-profit organization like C.L.A.W. is because I had a lot of people coming to me with cruelty complaints with neighbors, co-workers, etc.  I would always advise to call animal control in that city or county and they would do something about it as it is illegal to abuse or neglect a dog or cat. So many times, they would say that they did that to no avail.  Little or nothing was being done.  I had investigated many cruelty/neglect calls in the past and offered to see what I could do.  So far, I have been able to work with law enforcement, animal control, shelters, etc in a successful manner and the animals getting a better home in the end. I decided to go public with it and offer my services to anyone stuck in a similar situation where they aren't getting the necessary help for the animals.  It is not my goal to make money from this, only little is needed.  Time is the most costly part of doing this.   I also would be willing to train others in the constructive way to go about helping the animals.
If you have a case that you are trying to help animals, what I would prefer is that you document each phone call regarding it, take pictures if at all possible.  Be sure the pictures are dated with the time it was taken.  Then, if you are not having any cooperation with law enforcement, animal control, etc., contact us and we will see if we can help alleviate any unnecessary suffering. The laws regarding animal cruelty are black and white.  Unfortunately, that means I cannot help if an animal is chained in the back yard and forgotten unless it isn't receivign proper food, water and shelter.  I have the laws for North Carolina, South Carolina, and Georgia on my web site to help you get familiar with what is legal and what is not. Laws are being updated all the time and I will try to keep them updated on the web site as well.  There are also laws in counties regarding animal welfare issues.  If you have a specific city/county that you are interested in their laws, please contact me and I will find them for you.

SOUTH CAROLINA LAWS

SECTION 47-1-10. Definitions.
As used in this chapter:
(1) "Animal" or "animals" shall be held to include all living vertebrate creatures except homo sapiens.
(2) "Sustenance" means adequate food provided at suitable intervals of quantities of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition to allow for proper growth and weight and adequate water provided with constant access to a supply of clean, fresh, and potable water provided in a suitable manner for the species.
(3) "Shelter" means shelter that reasonably may be expected to protect the animal from physical suffering or impairment of health due to exposure to the elements or adverse weather.
 
SECTION 47-1-40. Ill-treatment of animals generally.
(A) Whoever 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, for every offense is guilty of a misdemeanor and, upon conviction, must be punished by imprisonment not exceeding sixty days or by a fine of 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. Notwithstanding any other provision of law, a first offense under this subsection shall be tried in magistrate's or municipal court.
(B) Whoever tortures, torments, needlessly mutilates, cruelly kills, or inflicts excessive or repeated unnecessary pain or suffering upon any animal or by omission or commission causes the acts to be done for any of the offenses is guilty of a felony and, upon conviction, must be punished by imprisonment of not less than one hundred eighty days and not to exceed five years and by a fine of five thousand dollars.
 

NORTH CAROLINA LAWS

§ 19A-35. Penalty for failure to adequately care for
       animals; disposition of animals.
 Failure of any person licensed or registered under this
Article to adequately house, feed, and water animals in his
possession or custody shall constitute a Class 3 misdemeanor,
and such person shall be subject to a fine of not less than five
dollars ($5.00) per animal or more than a total of one thousand
dollars ($1,000). Such animals shall be subject to seizure and
impoundment and upon conviction may be sold or euthanized at the
discretion of the Director and such failure shall also
constitute grounds for revocation of license after public
hearing. (1977, 2nd Sess., c. 1217, s. 16; 1999-408, s. 4.)
 
 
§ 19A-36. Penalty for violation of Article by dog warden.
  Violation of any provision of this Article which relates
to the seizing, impoundment, and custody of an animal by a dog
warden shall constitute a Class 3 misdemeanor and the person
convicted thereof shall be subject to a fine of not less than
fifty dollars ($50.00) and not more than one hundred dollars
($100.00), and each animal handled in violation shall constitute
a separate offense. (1977, 2nd Sess., c. 1217, s. 17; 1993, c.
539, s. 317; 1994, Ex. Sess., c. 24, s. 14(c).)
 
 
§ 19A-37. Application of Article.
 This Article shall not apply to a place or establishment
which is operated under the immediate supervision of a duly
licensed veterinarian as a hospital where animals are harbored,
boarded, and cared for incidental to the treatment, prevention,
or alleviation of disease processes during the routine practice
of the profession of veterinary medicine. This Article shall not
apply to any dealer, pet shop, public auction, commercial kennel
or research facility during the period such dealer or research
facility is in the possession of a valid license or registration
granted by the Secretary of Agriculture pursuant to Title 7,
Chapter 54, of the United States Code. This Article shall not
apply to any individual who occasionally boards an animal on a
noncommercial basis, although such individual may receive
nominal sums to cover the cost of such boarding. (1977, 2nd
Sess., c. 1217, s. 18; 1987, c. 827, s. 69.)
§ 19A-38. Use of license fees.
 All license fees collected shall be used in enforcing and
administering this Article. (1977, 2nd Sess., c. 1217, s. 19.)
§ 19A-39. Article inapplicable to establishments for
       training hunting dogs.
 Nothing in this Article shall apply to those kennels or
establishments operated primarily for the purpose of boarding or
training hunting dogs. (1977, 2nd Sess., c. 1217, s. 21; 1979,
c. 734, s. 2.)
 
§ 19A-40. Civil Penalties.
 The Director may assess a civil penalty of not more than
five thousand dollars ($5,000) against any person who violates a
provision of this Article or any rule promulgated thereunder. In
determining the amount of the penalty, the Director shall
consider the degree and extent of harm caused by the violation.
The clear proceeds of civil penalties assessed pursuant to this
section shall be remitted to the Civil Penalty and Forfeiture
Fund in accordance with G.S. 115C-457.2. (1995, c. 516, s. 6;
1998-215, s. 3.)
 
 
§§ 19A-41 through 19A-44. Reserved for future codification
       purposes.

GEORGIA LAWS

TITLE 16. CRIMES AND OFFENSES
CHAPTER 12. OFFENSES AGAINST PUBLIC HEALTH AND MORALS
ARTICLE 1. GENERAL PROVISIONS
 
16-12-4 Cruelty to animals.
(a) As used in this Code section, the term:
(1) "Animal" shall not include any fish nor shall such term include any pest that might be exterminated or removed from a business, residence, or other structure.
(2) "Conviction" shall include pleas of guilty or nolo contendere or probation as a first offender pursuant to Article 3 of Chapter 8 of Title 42 and any conviction, plea of guilty or nolo contendere, or probation as a first offender for an offense under the laws of the United States or any of the several states that would constitute a violation of this Code section if committed in this state.
(3) "Willful neglect" means the intentional withholding of food and water required by an animal to prevent starvation or dehydration.

(b) A person commits the offense of cruelty to animals when he or she causes death or unjustifiable physical pain or suffering to any animal by an act, an omission, or willful neglect. Any person convicted of a violation of this subsection shall be guilty of a misdemeanor; provided, however, that:
(1) Any person who is convicted of a second or subsequent violation of this subsection shall be punished by imprisonment not to exceed 12 months, a fine not to exceed $5,000.00, or both; and
(2) Any person who is convicted of a second or subsequent violation of this subsection which results in the death of an animal shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished by imprisonment for not less than three months nor more than 12 months, a fine not to exceed $10,000.00, or both, which punishment shall not be suspended, probated, or withheld.

(c) A person commits the offense of aggravated cruelty to animals when he or she knowingly and maliciously causes death or physical harm to an animal by rendering a part of such animal's body useless or by seriously disfiguring such animal. A person convicted of the offense of aggravated cruelty to animals shall be punished by imprisonment for not less than one nor more than five years, a fine not to exceed $15,000.00, or both, provided that any person who is convicted of a second or subsequent violation of this subsection shall be punished by imprisonment for not less than one nor more than five years, a fine not to exceed the amount provided by Code Section 17-10-8, or both.

(d) Before sentencing a defendant for any conviction under this Code section, the sentencing judge may require psychological evaluation of the offender and shall consider the entire criminal record of the offender.

(e) The provisions of this Code section shall not be construed as prohibiting conduct which is otherwise permitted under the laws of this state or of the United States, including, but not limited to, agricultural, animal husbandry, butchering, food processing, marketing, scientific, research, medical, zoological, exhibition, competitive, hunting, trapping, fishing, wildlife
management, or pest control practices or the authorized practice of veterinary medicine nor to limit in any way the authority or duty of the Department of Agriculture, Department of Natural Resources, any county board of health, any law enforcement officer, dog, animal, or rabies control officer, humane society, veterinarian, or private landowner protecting his or her property.

(f) (1) Nothing in this Code section shall be construed as prohibiting a person from:
(A) Defending his or her person or property, or the person or property of another, from injury or damage being caused by an animal; or
(B) Injuring or killing an animal reasonably believed to constitute a threat for injury or damage to any property, livestock, or poultry.
(2) The method used to injure or kill such animal shall be designed to be as humane as is possible under the circumstances. A person who humanely injures or kills an animal under the circumstances indicated in this subsection shall incur no civil or criminal liability for such injury or death.