South Carolina H 5091: Animal Control Officers

Bill Text

2025-2026 Bill 5091 Text of Previous Version (Feb. 04, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 5091

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH 
CAROLINA CODE OF LAWS BY AMENDING SECTION 4-9-145, RELATING TO COUNTY CODE 
ENFORCEMENT OFFICERS, SO AS TO INCLUDE ANIMAL CONTROL OFFICERS; AND BY AMENDING 
SECTION 47-3-20, RELATING TO THE AUTHORIZATION OF LOCAL ANIMAL CARE AND CONTROL 
ORDINANCES, SO AS TO AUTHORIZE A COUNTY OR MUNICIPALITY TO ALLOW CLASS 3 ANIMAL 
CONTROL OFFICERS TO CARRY FIREARMS.

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

SECTION 1. Section 4-9-145 of the S.C. Code is amended to read:

 Section 
4-9-145. (A) Except as provided in 
subsection (B), the governing body of a county may appoint and commission as 
many code enforcement officers as may be necessary for the proper security, 
general welfare, and convenience of the county. These officers are vested with 
all the powers and duties conferred by law upon constables in addition to 
duties imposed upon them by the governing body of the county. However, no code 
enforcement officer commissioned under this section may perform a custodial 
arrest, except as provided in subsection (B). These code enforcement officers 
must exercise their powers on all private and public property within the 
county. The governing body of the county may limit the scope of a code 
enforcement officer's authority or the geographic area for which he is 
authorized to exercise the authority granted.

 (B)(1) The number of litter or animal control officers vested with custodial arrest 
authority who are appointed and commissioned pursuant to subsection (A) must 
not exceed the greater of:

 (a) 
the number of officers appointed and commissioned by the county on July 1, 
2001; or

 (b) 
one officer for every twenty-five thousand persons in the county, based upon 
the most recent census. Each county may appoint and commission at least one 
officer, without regard to the population of the county.

 (2)(a) A litter or 
animal control officer appointed and commissioned pursuant to subsection 
(A) may exercise the power of arrest with respect to his primary duties of 
enforcement of litter control laws and ordinances and other state and local 
laws and ordinances as may arise incidental to the enforcement of his primary 
duties only if the officer has been certified as a law enforcement officer 
pursuant to Chapter 23, Title 23.

 (b) 
In the absence of an arrest for a violation of the litter 
control any applicable laws and ordinances, 
a litter or animal control officer authorized to 
exercise the power of arrest pursuant to subitem (a) may not stop a person or 
make an incidental arrest of a person for a violation of other state and local 
laws and ordinances.

 (3) 
For purposes of this section, the phrase:

 (a) "Animal control officer" means a 
code enforcement officer authorized to enforce animal control laws and ordinances.

 (b) "litter 
Litter control officer" means a code enforcement 
officer authorized to enforce litter control laws and ordinances.

SECTION 2. Section 47-3-20 of the S.C. Code is amended to read:

 Section 
47-3-20. The governing body of each county or municipality in this State may 
enact ordinances and promulgate regulations for the care and control of dogs, 
cats, and other animals and to prescribe penalties for violations. A governing body that enacts ordinances and promulgates 
regulations must employ Class 3 animal control officers and, at the discretion 
of the governing body, may authorize these officers to carry firearms.

SECTION 3. This act takes effect upon approval 
by the Governor.

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This web page was last updated on February 04, 2026 at 10:51 AM