Cost of Animal Care Laws

Cost of Animal Care Laws –

Lifting the Financial Burden of Animal Abuse from the Shelters

Written by Kelsey Gilmore-Futeral, JD South Carolina State Director, HSUS

While Charleston County has declared itself a “no kill” community, other communities are still working towards this benchmark. In the middle of January 2019, Laurens County Animal Control posted a plea on its Facebook page for the rescue or adoption of two adoptable dogs to avoid having to euthanize the dogs because the shelter was out of space. Part of the reason Laurens County found itself in the position of having to euthanize healthy animals for space is because it has been holding 13 dogs for more than 100 days pending the outcome of court cases. In addition to forcing the Laurens County animal control administration to make a very tough call, it is extremely likely the county taxpayers will be left footing the bill for the dogs’ stay with animal control. Currently in South Carolina, the municipality that brings charges for ill treatment of animals, animal fighting or baiting is legally responsible for covering the cost of those animals’ care if the accused does not voluntarily relinquish the animals. Animals being held pending the disposition of criminal cases are provided food, veterinary care, shelter, medications, water and exercise. The cost to care for a dog in a South Carolina shelter ranges from $5 per day to over $60 per day. If Laurens County’s cost to care for a dog is $10 per day, taxpayers will be left footing a bill of over $13,000 for these 13 dogs. The per diem cost would fluctuate for various animals, likely less for cats and birds and more for horses or pigs. The absorption of these costs is one of the largest barriers preventing law enforcement agencies from enforcing animal cruelty laws. So now we have a county that must euthanize adoptable animals because it is out of space while taxpayers are paying thousands of dollars to house defendants’ pets for an unknown length of time and law enforcement is consequently wary of making large-scale cruelty or fighting “busts”. Let’s also not forget about the animals who are being held “as evidence” in a shelter environment. Dogs living in a shelter environment for an extended period of time can suffer psychological deterioration and can develop reaction or aggression problems. The status quo is a terrible dysfunction for municipalities, taxpayers, adoptable pets and pets waiting for a determination by a court of whether they were cruelly treated by their owner. This is why cost of animal care laws have been passed in neighboring states, including Georgia and North Carolina, and should be passed in South Carolina. A cost of animal care law establishes a legal process where anyone who has had his/her animal lawfully seized based on evidence of cruelty, neglect or fighting may be required to pay for the animal’s care, thereby relieving municipalities from incurring those costs. A civil process parallels the criminal case where an organization in possession of a seized animal petitions a municipal or magistrate court for what it will cost the organization to care for the animal. The court holds a hearing to determine first whether the animals were lawfully seized and second, what an appropriate bond is to cover the cost of the animal’s care pending the outcome of the case. In the event the accused is unable or unwilling to pay the bond for the cost of care, the owner forfeits his or her ownership rights and the animal can be made available for adoption or rescue, if appropriate. In states with cost of animal care laws, municipalities have seen a consistent increase in fund to care for animals. Cost of animal care laws like that which is proposed in bill S. 105, place the financial burden of caring for abused and neglected pets where it should be – with the owner. A strong cost of animal care law in South Carolina is crucial to protect taxpayers, adoptable animals and animals who have been abused and neglected and will empower law enforcement officials to more fully enforce South Carolina’s laws against animal cruelty, neglect and fighting.

Please contact your state lawmakers to express your support for bill S. 105 and its cost of animal care provision today.

Kelsey Gilmore-Futeral is a Mt. Pleasant resident and the South Carolina State Director for the Humane Society of the United States. You can reach her at kfuteral@humanesociety.org.