South Carolina South Carolina Service Dog Law

Definitions​

Under Article 15, Protection of Guide Dogs:

"Guide dog” means a dog that is trained for the purpose of guiding blind persons or a dog trained for the purpose of assisting hearing impaired persons.

"Service animal” or “service animal-in-training” means an animal that is trained or that is being trained to do work or perform tasks for an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. A service animal is not a pet and is limited to a dog or a miniature horse. The work done or tasks performed must be directly related to the individual's disability and may include, but are not limited to the 12 functions listed in the law.

Code 1976 § 47-3-920

SDIT Covered?​

Yes. Every person who is a trainer of an assistance or guide dog, while engaged in the training of an assistance or guide dog, has the same rights and privileges with respect to access to public facilities and accommodations as blind and disabled persons, including the right to be accompanied by an assistance or guide dog or assistance or guide dog in training.

Code 1976 § 43-33-20

Accommodation Law​

Every handicapped person has the right to be accompanied by an assistance dog, especially trained for the purpose, in any of the places listed in this section without being required to pay an extra charge for the assistance dog.

Code 1976 § 43-33-20

A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.

Code 1976 § 43-33-40

Harassment of/Interference with Service Dogs​

Interference with guide or service dog:

Unlawful for person who has received notice that his or her behavior is interfering with the use of a guide dog or service animal to continue with reckless disregard to interfere with the use of a guide dog or service animal by obstructing, intimidating, or jeopardizing the safety of the guide dog or service animal or its user.

Unlawful for a person with reckless disregard to allow his or her dog that is not contained by a fence, a leash, or another containment system to interfere with the use of a guide dog or service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the guide dog or service animal or its user.

Violation is a misdemeanor triable in magistrate's court and, upon conviction, is subject to the maximum fines and terms of imprisonment in magistrate's court.

Code 1976 § 47-3-930

Injury to guide or service dog:

Unlawful for a person with reckless disregard to injure, disable, or cause the death of a guide dog or service animal.

Unlawful for a person with reckless disregard to allow his dog to injure, disable, or cause the death of a guide dog or service animal.

Violation is a misdemeanor and, upon conviction, must be fined not more than $2,500 or imprisoned not more than 6 months, or both.

Code 1976 § 47-3-940

Unauthorized control over guide or service dog:

Unlawful for a person to wrongfully obtain or exert unauthorized control over a guide dog or service animal with the intent to deprive the guide dog or service animal user of his guide dog or service animal.

Violation is a misdemeanor and, upon conviction, must be fined not less than $2,000 or imprisoned not less than 1 year, or both.

Code 1976 § 47-3-950

Intentional injury/cause death to guide or service dog:

Unlawful for a person to intentionally injure, disable, or cause the death of a guide dog or service animal, except in the case of self-defense or humane euthanasia.

Violation is a misdemeanor and, upon conviction, must be fined not more than $5,000 or imprisoned not more than 3 years, or both.

Code 1976 § 47-3-960

Restitution:

A defendant convicted of a violation of Sections 47-3-930, 47-3-940, 47-3-950, or 47-3-960 may be ordered to make full restitution for damages including incidental and consequential expenses incurred by the guide dog or service animal and its user, which arise out of or are related to the criminal offense.

Code 1976 § 47-3-970

Driving Law​

The driver of a vehicle approaching a totally or partially blind pedestrian who is carrying a cane predominantly white or metallic in color (with or without a red tip) or approaching a handicapped pedestrian using an assistance dog shall take all necessary precautions to avoid injury to the pedestrian. Any driver who fails to take these precautions is liable in damages for any injury caused the pedestrian.

Code 1976 § 43-33-30

Whenever a pedestrian is crossing or attempting to cross a public street or highway guided by a guide dog, the driver of every vehicle approaching the intersection shall bring the vehicle to a full stop before arriving and take such precautions as may be necessary to avoid injuring such pedestrian.

Code 1976 § 56-5-3200

Violation is a misdemeanor punishable by a fine not exceeding $25 or imprisonment for not exceeding 10 days.

Code 1976 § 56-5-3210

Service Dog Fraud​

It is unlawful for a person to intentionally misrepresent an animal in his possession as a service animal or service animal-in-training for the purpose of obtaining any right or privilege provided to a disabled person if the person knows that the animal in his possession is not a service animal or service animal-in-training.

• First offense, an amount not more than $250;
• Second offense, an amount not more than $500; and
• Third or subsequent offense, an amount not more than $1,000.

Inquiries made in order to investigate and enforce the provisions of this section are limited to those inquiries allowed by the Department of Justice pursuant to 28 C.F.R. Section 36.302.

A custodial arrest for a violation of subsection (A) must not be made, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine. A violation of subsection (A) does not constitute a criminal offense.

Code 1976 § 47-3-980