Chapter 14 ANIMALS*
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*Editor's note: An amendment adopted
Cross references: Environment, ch. 30; health and sanitation, ch. 38.
State law references: Dogfighting, O.C.G.A. §
16-12-37; cruelty to animals, O.C.G.A. § 16-12-4; sale of dog meat for human
consumption prohibited, O.C.G.A. § 26-2-160; fish, O.C.G.A. § 27-4-30 et seq.;
wild animals, O.C.G.A. § 27-5-4 et seq.; control of rabies, O.C.G.A. § 31-19-1
et seq.; animal bites, O.C.G.A. § 31-19-4; inoculation of dogs and cats against
rabies, O.C.G.A. § 31-19-6; rabies inoculation tags, O.C.G.A. § 31-19-6;
Georgia Animal Protection Act, O.C.G.A. § 4-11-1 et seq.; livestock running at
large, O.C.G.A. §
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Sec. 14-3. Exceptions to definitions.
Sec. 14-4. Duties of animal owners and citizens.
Sec. 14-5. Animal control officer.
Sec. 14-6. Rabies vaccination and identification.
Sec. 14-7. Abandonment, cruelty, mistreatment and abuse.
Sec. 14-8. Impoundment, rescue, surrender.
Sec. 14-9. Dangerous and potentially dangerous animals--Identification and classification; notice.
Sec. 14-10. Same--Procedure for hearings.
Sec. 14-11. Same--Certificate of registration.
Sec. 14-12. Same--Regulations and penalties.
Sec. 14-13. Same--Liability of owner.
Sec. 14-14. Destruction of dangerous, injured or sick animals.
Sec. 14-15. Violations; penalties.
Sec. 14-17. Liability for damages.
Sec. 14-18. Provisions of joint animal control services.
Sec. 14-19. Interpretation and application.
The purpose of this chapter is to establish the position of
animal control officer, to establish regulations for animals in order to
protect the public health and welfare, to comply with provisions of
(Amd. of 1-19-2006)
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Abandoned animal means an animal which has been knowingly and intentionally placed or left unattended or uncared for on either public or private property without the express permission of the owner, and in addition, any animal that has been knowingly and intentionally left unattended on or within the property of the owner without proper food or water for a period of time in excess of 36 hours.
Animal means a dog, cat, or other pet or
domesticated animal, actually in, or intended to be in, the custody and control
of an owner (see definition of owner,) and does notmay
also but is not required to includeinclude
any wild animal or livestock, including but
not limited to a horse, goat, or pig, or
any livestock, unless specifically mentioned. The
term "domesticated animal" shall
have the same meaning as "animal."
Animal control officer means an individual selected by the commissioner pursuant to the provisions of O.C.G.A. § 4-8-22 to aid in the administration and enforcement of this chapter and all applicable state laws.
Animal control means Union County Animal Control, and its officers and employees.
At large means an animal which is off of its owner's premises and not under the restraint or control of its owner or custodian.
Dangerous animal means an animal that, according to the records of an appropriate authority, has inflicted severe injury on a human, without provocation, on public or private property; or any animal that aggressively bites, attacks or endangers the safety of humans, without provocation, after the animal has been classified as a potentially dangerous animal and after the owner has been notified of such classification.
Governing authority means the Union County Commissioner or other designated official.
Humane care of animals means, but is not limited to, the provision of adequate heat, ventilation, sanitary shelter and wholesome and adequate food and water to an animal, consistent with the normal requirements and feeding habits of the animal's size, species and breed.
Impound means temporarily placing an animal in the care of an authorized person or shelter where the animal will receive humane care.
Nuisance means an animal which damages private property other than its owners' property, or public property or recreation areas; or an animal which chases, molests, attacks, threatens, causes fear, or interferes with persons, vehicles or other domestic animals on public or private property.
Owner means any person or legal entity who or which owns, possesses, harbors, keeps, cares for, feeds, maintains, has custody or control of an animal within the jurisdiction of the commissioner.
Potentially dangerous animal means any animal with a known propensity, tendency or disposition to attack unprovoked, cause injury or otherwise threaten the safety of humans; or any animal that, when unprovoked, inflicts injury on a person on public or private property, or chases or approaches a person upon the streets, sidewalks or any public grounds in a vicious or terrorizing manner in an apparent attitude of attack; or any animal which, according to the records of an appropriate authority, has killed a domestic animal without provocation.
Proper enclosure means an enclosure for keeping a dangerous or potentially dangerous animal while on the owner's property securely confined, either indoors, in a securely enclosed and locked pen or within a fence. If the animal is confined in a pen or a fence, such enclosure must be suitable to prevent the entry of young children and designed to prevent the animal from escaping. A pen shall have secure sides and a secure top. A fence must have all sides of sufficient height, and the bottom must be constructed or secured in such a manner as to prevent the animal's escape from over or under the fence. Any pen or fence must provide protection from the elements for the animal.
Records of an appropriate authority means the records of any state, county or municipal law enforcement agency, animal control agency, county board of health, federal, state or local court, or animal control officer.
Severe injury means any physical injury that results in broken bones or disfiguring lacerations requiring extensive sutures or surgery, or cosmetic surgery, or a physical injury that results in death.
Shelter means any facility operated by or under contract for the state, a county, a municipal corporation or any other political subdivision of the state for the purpose of impounding or harboring seized, stray, homeless, abandoned or unwanted dogs, cats and other animals; any veterinary hospital or clinic operated by a veterinarian which operates for such purpose in addition to its customary purposes; and any facility operated, owned or maintained by a duly incorporated humane society, animal welfare society or other nonprofit organization for the purpose of providing for and promoting the welfare, protection and humane treatment of animals.
Sterilized, sterilization means permanent removal of an animal's reproductive organs.
Working dog means and
includes, but is not limited to, seeing eye dogs; certified guard dogs; working
cattle dogs; dogs whose primary function is hunting; and dogs which compete in
conformation, agility or obedience competitions.
Vicious
dog means any dog that:
(A) Inflicts
a severe injury on a human being without provocation after the owner has notice
that the dog has previously bitten or attacked or endangered the safety of a
human being; or
(B) Is owned, possessed, kept, harbored, trained,
or maintained for the purpose of fighting.
Such term shall not
include a dog that inflicts an injury upon a person when the dog is being used
by a law enforcement officer to carry out the law enforcement officer’s
official duties.
(Amd. of 1-19-2006)
Cross references: Definitions generally, § 1-2.
Sec. 14-3. Exceptions to
definitions.
The terms "dangerous animal" and "potentially
dangerous animal," and “vicious dog,” as
defined in section 14-21, shall
not include the following:
(1) An animal that inflicts an injury upon a person when the animal is being used by a law enforcement officer to carry out his official duties; and
(2) An animal that inflicts an injury upon a person who, at the time, was committing a willful trespass or other tort, or was tormenting, abusing or assaulting the animal, or had in the past been observed or reported to have tormented, abused or assaulted the animal, or was committing or attempting to commit a crime.
(Amd. of 1-19-2006)
Cross references: Definitions generally, § 1-2.
Sec. 14-4. Duties of animal owners
and citizens.
(a) It shall be the duty of every owner or custodian of an animal or livestock within the county to exercise reasonable care and take all necessary steps and precautions to protect other people and property from injuries and damage which might result from the animal's behavior, regardless of whether such behavior is motivated by mischievousness, playfulness or ferocity. Every animal shall be restrained or controlled so as to prevent it from chasing vehicles or chasing, menacing, or attacking persons or other animals. Citation under this section shall not replace or be a substitute for enforcement of the section of this chapter dealing with dangerous or potentially dangerous or vicious animals, and an owner may be subject to enforcement under both sections.
(b) It shall be the duty of all animal and livestock owners to prevent their animals from constituting a nuisance.
(c) If the owner of an animal or livestock is a minor, the parent or guardian of such minor shall be responsible to ensure compliance with all provisions of this chapter.
(d) Any person within the jurisdiction of the county who is aware of any animal bite inflicted upon a human by any animal, including any wild animal, shall be required to report the bite to the animal control officer or a public health official pursuant to state law.
(e) It shall be the responsibility of every
animal owner of a domesticated
animal to notify animal control if an animal is missing.
(f) It shall be the duty of any animal owner or person residing with an animal owner to respond within 24 hours, or no later than 10:00 a.m. of the next business day, whichever is later, to a notice or request for information from animal control left or posted at the premises on or near where an animal is living or kept. The notice, which shall not be a citation, shall be posted prominently in full view, or left with an adult on the premises, may be delivered as part of an investigation, as the result of a complaint, or part of a follow-up, and requires a response, either in person or by telephone. If the response is by telephone, any message left must provide a return number or other reliable way to make contact. Each notice that is ignored shall constitute a separate offense.
(g) It shall be unlawful for any person to remove any tracking collar or identification from any animal other than the person's own animal.
(h) Except as provided in the following section, every owner of an unsterilized animal, i.e., a dog cat or ferret, is hereby required to confine the animal at all times. Confinement shall include keeping the animal within a fence, a proper enclosure, a house, other enclosure or structure that affords the animal humane care and in all cases prevents access to other animals not kept in the same enclosure. Any time an unsterilized animal is not confined, the animal must be on a secure and sturdy leash while being walked by a responsible person. Any unsterilized animal that is unconfined or not on a leash shall be subject to confiscation and impoundment, and, in addition to being subject to citation, the owner shall be required to have the animal sterilized within 30 days. The burden shall be on the owner of a sterilized animal to have proof available that the animal is sterilized.
(i) Unsterilized working animals (including show dogs) are exempt from the above confinement requirements while working, but their owners are required to keep such animals under control. The burden shall be on the owners to prove the animal was working at the time of the citation. Owners who negligently allow working animals to roam and run free at any time shall be subject to citation and sterilization under this section and under any other applicable section of this article.
(Amd. of 1-19-2006)
Sec. 14-5. Animal control officer.
(a) The governing authority shall either (1) appoint, pursuant to O.C.G.A. § 4-8-22(c), one or more animal control officers, who shall serve at the pleasure of the governing authority, and whose compensation shall be established from time to time by the governing authority; or (2) may delegate responsibility for animal control to the Union County Sheriff's Office which shall then appoint, pursuant to O.C.G.A. § 4-8-22(c), one or more animal control officers, and whose compensation shall be established from time to time by the Union County Sheriff.
(b) The primary responsibility for
enforcement of this chapter and all related state laws shall be vested in the
animal control officer who may call upon such other officers or employees of
any law enforcement agency as may be necessary for the enforcement of this
chapter. The animal control officer or other
(c) The animal control officer shall be authorized to make whatever inquiry or investigation is deemed necessary to ensure compliance with this chapter.
(d) The animal control officer is authorized to make canvasses of the county, including homes and businesses, as it deems necessary for the purpose of ascertaining that all animals of proper age are vaccinated against rabies with a current vaccination, and that all dogs are properly tagged.
(e) All law enforcement agencies within the jurisdiction of the governing authority shall cooperate with the animal control officer in enforcing the provisions of this chapter.
(f) It shall be a violation of this chapter, for any person to interfere with the animal control officer in the performance of his duties.
(Amd. of 1-19-2006)
Cross references: Officers and employees, § 2-61 et seq.
Sec. 14-6. Rabies vaccination and identification.
(a) Any dog, cat or ferret, which is more than three months of age, within the jurisdiction of the commissioner must have a valid and current rabies vaccination which shall have been administered by a licensed veterinarian. The burden shall be on the owner to provide verifiable proof of vaccination to animal control. Animals being kept in a shelter shall be exempt from the requirement of a rabies vaccination for up to 30 days. The requirements of this subsection include the need for up-to-date revaccinations. An animal owner found in violation of this subsection shall be required to comply with this subsection within seven days, or the animal control officer is hereby authorized to impound the animal and have the animal vaccinated. Any animal impounded under this section shall not be released to the owner unless and until all of the requirements of this chapter are met.
(b) An owner of an animal which bites or scratches a human being with force sufficient to break the integrity of the skin shall be subject to impoundment, and shall be subject to citation if found either in violation of the requirement to have a current rabies vaccination, or in violation of quarantine requirements, and may be further subject to additional requirements and penalties pursuant to other provisions of this chapter as well as all Georgia state quarantine requirements.
(c) It is unlawful for anyone (other than a licensed veterinarian or animal control) to kill or release any animal under observation for rabies or suspected of having been exposed to rabies or any animal which has bitten a human being, or to remove such animal from the county without written permission from animal control and the director of public health.
(d) All owners of animals vaccinated against rabies shall obtain and keep available for each animal owned a valid certificate of vaccination, along with a rabies tag indicating the year it was issued. For all dogs, the tag shall be securely fastened to the collar of the dog for which it was issued. It is assumed that any animal has not had a rabies vaccination if proof cannot be provided for the administration of such vaccination.
(e) All dog owners are required to affix identification to their animals, either on the dog's collar or by other means such as microchip, and such identification shall be sufficient to trace or locate the dog's owner.
(f) Any dog, cat or ferret that has been in an animal shelter is required to obtain a current rabies vaccination and be sterilized upon being released to its owner or released for adoption. If the dog, cat or ferret is less than three months of age, the animal shelter shall require the owner to fulfill the requirement of a rabies vaccination when the dog, cat or ferret attains the age of three months and present proof of such vaccination and sterilization to the shelter that released the dog, cat or ferret. Animal control or the shelter that released the animal is authorized to pick up the animal and have it vaccinated and/or sterilized, the additional cost of which shall be reimbursed by the owner. The owner shall be subject to a citation for failure to comply with an adoption agreement.
(Amd. of 1-19-2006)
Sec. 14-7. Abandonment, cruelty,
mistreatment and abuse.
(a) It shall be unlawful for any person to abandon or abuse, injure, neglect, torture, torment, maim, mutilate, beat, wound, poison or kill an animal, or to confine or tether an animal in an unsafe or non-humane manner, or to confine an animal without sufficient ventilation and protection from extreme temperatures. The allowance of any condition, or failure to provide any care, which shall endanger an animal's health shall constitute abuse. This shall also include having a number of animals that exceeds an owner's ability to provide proper care and shelter in the opinion of animal control or a licensed veterinarian, and failure to provide adequate food and water, failure to obtain needed veterinary care to relieve pain and suffering, failure to appropriately treat an animal for parasitic infestations, and failure to provide humane care.
(b) It shall be unlawful for anyone to abandon any animal, owned by or in the possession, including temporary possession, of any person. Such abandonment shall include leaving or putting out any animal, whether the animal is healthy, sick, injured, or diseased, on any private or public property, or aiding or permitting such leaving or putting out. It shall be unlawful for anyone to abandon any dead animal on any private or public property, or to fail to bury or otherwise properly dispose of the carcass within 24 hours after an animal's death in accordance with applicable state and county health regulations.
(c) An animal owner is required to provide proper housing for an animal, which shall at a minimum consist of three sides, a roof, and a floor, constructed in such a way as to keep an animal protected from the elements and extreme temperatures, and be of such a size that the animal can enter, exit, stand, turn around, and sleep comfortably. An owner is required to provide adequate and sanitary food and water.
(d) It is the policy of animal control that tethering an animal as a permanent means of confinement is an unsafe, unwise, and dangerous practice. In the event an owner uses a tether to confine an animal, it shall be of sufficient construction as to not constitute abuse or a danger to the animal and shall allow the animal sufficient freedom to safely perform its necessary activities and functions in the judgment of animal control. Improper, inhumane, and unsafe tethering as a permanent means of confinement shall be considered animal cruelty.
(e) It shall be unlawful to buy, trade, own, possess, keep, sell or train any animal with the intent that such animal shall be engaged in an exhibition of fighting; or to build, make, maintain or keep a pit, or allow a pit to be built, for the purpose of an exhibition of animal fighting; or, in any manner, to encourage, instigate, promote or assist in an exhibition of animal fighting; or charge admission, be an assistant, umpire or participant or be present as a spectator to any exhibition of animal fighting.
(f) Upon a finding of extreme circumstances, animal control may immediately impound any abandoned, mistreated or abused animals as described in this section and shall deal with the animal in accordance with animal control regulations and the provisions of this chapter and state law.
(g) A person who commits any offense of abandonment, cruelty, mistreatment or abuse as delineated in the above provisions shall be subject to a citation in addition to the criminal penalties imposed by O.C.G.A. § 16-12-4. The animal shall be immediately evaluated by a veterinarian and be impounded in accordance with the provisions of O.C.G.A. §§ 4-11-9.2--4-11-9.6.
(Amd. of 1-19-2006)
Sec. 14-8. Impoundment, rescue,
surrender.
(a) The animal control officer shall be authorized, but not required, to impound animals that are at large or are determined by animal control to be the subject of a violation of this chapter. The animal control officer may, in addition to or in lieu of impoundment, issue a citation for violation of any applicable section of this chapter.
(b) Subject to any limitations imposed by state law, an animal control officer or any law enforcement officer shall have the authority to rescue any animal that appears to be suffering from a serious medical emergency. The rescued animal may be provided with immediate veterinary care if the officer deems such care necessary to prevent physical pain, suffering, disability or death to the animal, or in extreme circumstances may authorize euthanasia of the animal. The animal's owner, if known, shall be responsible for all expenses incurred for the rescue and subsequent treatment of the animal.
(c) Any animal impounded which is found to be diseased or injured and whose ownership is unknown or is relinquished in writing, or whose owner cannot be immediately contacted, may immediately be destroyed if in the opinion of a licensed veterinarian or the chief animal control officer the severity of the injury or disease indicates that euthanasia is a humane course of action.
(d) Any impounded animal that has no identification or rabies tag shall be held for a period of at least 72 hours. If the owner does not come forward and cannot be located, then after the period of impoundment, the animal shall become the property of the county. The county shall then be authorized to make whatever arrangements it deems appropriate for the animal or dispose of the animal in accordance with animal control policy.
(e) Any impounded animal that has an identification or rabies tag shall be held for a period of at least five days, during which the animal control officer shall attempt to locate and notify the animal's owner. If the owner does not come forward and cannot be located, then after the period of impoundment, the animal shall become the property of the county An owner who has been located and notified shall pick up his animal and arrange to pay all fees within 36 hours of notification, or the animal will be considered abandoned, and the owner may be subject to citation for abandonment..
(f) Any owner claiming an animal that has been impounded shall be charged a one-time impound fee plus a daily boarding fee, including any part of a day, for the period of impoundment, plus a rabies inoculation fee and any other fees, if applicable, and reimbursement for any, vet, medical expenses, and any other costs which shall be the sole responsibility of the owner prior to the animal being released. In the event an animal is required to be quarantined during impoundment, an additional daily fee will be charged. An owner shall receive a one-time credit if proof is furnished of a current rabies vaccination, and a further credit if proof is furnished that the animal has been sterilized prior to impoundment.
(g) A schedule of current impoundment and
(h) An animal surrendered to animal control for any reason may be immediately placed for adoption or humanely destroyed in the discretion of animal control so long as the owner has affirmatively represented in writing that he or she is the legal owner of the animal, the owner agrees to hold the county and its officials and employees harmless from any liability, claims, or damages that may be sustained by reason of the adoption or destruction of the animal.
(i) Absent extreme circumstances, in no event shall any animal be redeemed by its lawful owner, possessor, or custodian unless all fees owed are paid, and unless the owner is in compliance with this chapter and all animal control rules and regulations.
(j) A working dog that is found at large shall be considered under the control of its owner/handler when, upon investigation, it is found to have been engaged in a hunt, a hunting trial or training, or working, or is under voice command; and which has either a tracking collar and/or positive traceable identification. Upon proof of a rabies vaccination, the owner/handler shall not be issued a citation, nor incur an impoundment fee, but shall be required to pay all boarding fees and necessary medical costs as setforth in this section.
(Amd. of 1-19-2006)
Sec. 14-9. Dangerous and potentially
dangerous animals--Identification and classification; notice.
(a) Identification and classification. The animal control officer shall make such investigations and inquiries as may be necessary to identify and classify dangerous and potentially dangerous animals within the jurisdiction of the commissioner.
(b) Notice to owner.
(1) When a dangerous or potentially dangerous animal is classified as such by the animal control officer, the animal control officer shall notify the owner in writing of such classification, either by certified mail or by personal delivery. Such notice shall be complete either upon its mailing or if hand-delivered, upon personal receipt.
(2) The notice shall include a summary of the animal control officer's findings that formed the basis for the animal's classification. The notice shall be dated, and shall state that the owner has 15 calendar days after the date shown on the notice to request a hearing on the animal control officer's classification of the animal.
(3) The notice shall state that if a hearing is not requested, the animal control officer's determination and classification will become effective for all purposes under this chapter on a date specified in the notice, which shall be after the last date the owner is given to request a hearing.
(4) The notice shall include a form to request a hearing. The notice shall state that the hearing, if requested, shall be before the commissioner or his designee (which may be an animal control board created in accordance with state law or the board of health), and the notice shall provide specific instructions on mailing or delivering such request.
(5) Additionally, owners of animals classified as dangerous and potentially dangerous may be issued citations for nuisance, failure to exercise reasonable care, or for violation of any other applicable section of this chapter. The animal control officer may, but is not required to immediately impound the animal pending compliance with this chapter.
(Amd. of 1-19-2006)
Cross references: Definitions generally, § 1-2.
Sec. 14-10. Same--Procedure for hearings.
(a) When the commissioner or the board he has designated receives a request for a hearing as provided in subsection 14-9(b)(4), he shall schedule a hearing within 30 days after receiving the request. The commissioner or his designee shall notify the animal owner in writing by certified mail of the date, time and place of the hearing, and such notice shall be mailed to the animal owner at least ten days prior to the date of the hearing.
(b) At the hearing, the animal owner shall be given the opportunity to testify and present evidence and, in addition, the person or agency conducting the hearing shall receive such other evidence and hear such testimony as they may find reasonably necessary to make a determination either to sustain, modify or overrule the animal control officer's classification of the animal.
(c) Within ten days after the date of the hearing, the commissioner or his designee shall notify the animal owner in writing by certified mail of his determination. If such determination is that the animal is a dangerous or potentially dangerous animal, the notice shall specify the date on which that determination is effective, which shall be the date the animal control officer originally classified the animal as dangerous or potentially dangerous and issued a temporary certificate of registration.
(Amd. of 1-19-2006)
Sec. 14-11. Same--Certificate of registration.
(a) It is unlawful for an animal owner to have or possess within the jurisdiction of the commissioner a dangerous or potentially dangerous animal without a certificate of registration issued annually in accordance with the provisions of O.C.G.A. § 4-8-25 and this chapter, unless a hearing on the matter has been requested and is pending. The owner of the dangerous or potentially dangerous animal who has requested a hearing shall be issued, without charge, a temporary certificate of registration, and while a determination of the matter is pending, the owner of the animal shall cause the animal to be confined at the owner's expense at a veterinary hospital, licensed kennel facility, or in a proper enclosure deemed suitable by the animal control officer. If the animal is confined in a proper enclosure, then a temporary sign shall be posted similar to that required in subsection (b)(2), below, and which is deemed suitable by the animal control officer.
(b) The animal control officer shall issue a certificate of registration, or a temporary certificate as set forth in subsection (a) of this section, to the owner of a dangerous or potentially dangerous animal upon evidence of:
(1) A proper enclosure to confine the dangerous or potentially dangerous animal; and
(2) The posting of the premises where the dangerous or potentially dangerous animal is located with a clearly visible sign in substantial conformance with the design provided by the state department of natural resources warning that there is a dangerous animal on the property.
(c) Additionally, the owner of a dangerous animal shall present to the animal control officer evidence of a valid:
(1) Policy of insurance of at least $25,000.00 or more issued by an insurer authorized to transact business in the state, insuring the owner of the dangerous animal against liability for any personal injuries inflicted by the dangerous animal; or
(2) Surety bond in the amount of at least $25,000.00 or more issued by a surety company authorized to transact business in the state, payable to any person injured by the dangerous animal.
(d) The owner of a dangerous or potentially dangerous animal shall notify the animal control officer within 24 hours if the animal is on the loose, is unconfined, has attacked a human, has died or has been sold or donated. If the animal has been sold or donated, the owner shall also provide the animal control officer with the name, address and telephone number of the new owner of the animal.
(e) The owner of a dangerous or potentially dangerous animal shall notify the animal control officer if the owner is moving to a new location within the county or from the animal control officer's jurisdiction. The owner of a dangerous or potentially dangerous animal who is a new resident of the county shall register the dangerous animal in the county within five days of becoming a resident.
(f) Issuance or renewal of a certificate of registration does not guarantee or constitute proof that the requirements of this section have been maintained following the date of issuance of such certificate.
(g) An annual fee of $100.00 shall be charged by the animal control officer for registration and annual renewal of registration of dangerous animals and $50.00 for potentially dangerous animals. At the time of annual renewal of such registration, the animal control officer shall require such evidence from the owner, or make such investigation as may be necessary, to verify that the owner is continuing to comply with all of the provisions of this chapter.
(h) If a temporary certificate of registration has been issued, once a determination is made following a hearing, the owner of the dangerous or potentially dangerous animal shall immediately pay the required fee and receive a certificate of registration. The annual renewal date shall be calculated from the date the initial classification was made and a temporary certificate of registration was issued.
(i) Within 30 days of the date an animal has been determined to be dangerous or potentially dangerous, the animal's owner shall have the animal sterilized and provide proof to animal control of the sterilization.
(Amd. of 1-19-2006)
Sec. 14-12. Same--Regulations and penalties.
(a) It is unlawful for an owner of a dangerous animal to permit the animal to be outside a proper enclosure unless the animal is muzzled and restrained by a substantial chain or leash and is under the physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to the animal or interfere with the animal's vision or respiration, but will prevent the animal from biting any person, and the leash or chain shall be not longer than six feet, and shall be of sufficient strength to prevent escape.
(b) It is unlawful for an owner of a potentially dangerous animal to permit the animal to be outside a proper enclosure unless the animal is restrained by a substantial chain or leash and is under the physical restraint of a responsible person. The leash shall be of sufficient strength to prevent escape.
(c) A dangerous animal shall be immediately confiscated by the animal control officer or another person authorized by the animal control officer if the:
(1) Owner does not secure or maintain the required insurance or bond;
(2) Animal is not validly registered;
(3) Animal is not maintained in a proper enclosure;
(4) Premises where the animal is located are not posted as required;
(5) Animal is outside a proper enclosure in violation of this chapter.
(6) The animal has not been sterilized as required.
(d) A potentially dangerous animal shall be confiscated in the same manner as a dangerous animal if the animal is:
(1) Not validly registered;
(2) Not maintained in a proper enclosure;
(3) Outside a proper enclosure in violation of this chapter.
(4) The animal has not been sterilized as required.
(e) Any animal confiscated under the provisions of this section shall be returned to its owner only upon the owner's compliance with all provisions of this chapter, and upon payment of all fines and reasonable confiscation costs. If the owner has not complied with the requirement of this subsection within ten business days of the date the animal was confiscated, the animal shall be euthanized.
(f) The owner of a dangerous animal who violates the applicable sections of this chapter, or whose dangerous animal is subject to confiscation under this chapter, shall be guilty pursuant to O.C.G.A. § 4-8-28(a) of a misdemeanor of a high and aggravated nature in addition to the penalties imposed by state law.
(g) The owner of a potentially dangerous animal who violates the applicable sections of this chapter, or whose potentially dangerous animal is subject to confiscation under this chapter, shall be guilty pursuant to O.C.G.A. § 4-8-28(b) of a misdemeanor, in addition to the penalties imposed by state law.
(h) If the owner of a dangerous animal who has a previous conviction for a violation of this chapter knowingly and willfully fails to comply with the provisions of this chapter, and if the owner's dangerous animal attacks and bites a human being under circumstances constituting another violation of this chapter, such owner shall be guilty pursuant to O.C.G.A. § 4-8-28(c) of a felony, and shall be required to pay a of at least $1,000.00 to a maximum of $2,500.00 in addition to the penalties imposed by state law.
(i) The owner of a dangerous animal who knowingly and willfully fails to comply with the provisions of this chapter, and whose dangerous animal aggressively attacks and causes severe injury or death of a human being under circumstances constituting a violation of this chapter, shall be guilty pursuant to O.C.G.A. § 4-8-28(d) of a felony, and shall be required to pay a fine of at least $2,500.00 to a maximum of $5,000.00 in addition to the penalties imposed by state law.
(j) In addition to the penalties provided
in subsections (h) and (i) of this section, such dangerous animals shall be
immediately confiscated by the animal control officer or law enforcement
officer, and after the period of quarantine, if any, which may be required by
the county board of health, the dangerous animal shall be euthanized.
(Amd. of 1-19-2006)
Sec. 14-13 Vicious
Dogs – “Mercedes’
Law”
This section shall be known and may be cited as the
‘Mercedes Law’ as adopted by the Georgia General
Assembly July 1, 2006, to amend Chapter 8 of
Title 4 of the Official Code of Georgia Annotated, relating to dogs, so as to
provide for requirements for persons who own vicious dogs;
(a) It is unlawful for an owner of a vicious dog
to permit the dog to be outside a proper enclosure unless the dog is restrained
by a leash and is under the physical restraint of a responsible person.
(b) A vicious dog shall be immediately
confiscated by the dog control officer or by a law enforcement officer or by
another person authorized by the dog control officer if the:
(1) Vicious dog is not maintained in a proper
enclosure: or
(2) Vicious dog is outside a proper enclosure in
violation of subsection (a) of this Code section.
(c) Any dog that has been confiscated under the
provisions of subsection (b) of this Code section shall be returned to its
owner upon the owner’s compliance with the provisions of this article and upon
the payment of reasonable confiscation costs.
In the event the owner has not complied with the provisions of this article
within 40 days of the date the dog was confiscated, said dog shall be destroyed
in an expeditious and humane manner.
Sec. 14-14
(a) The owner of a vicious dog who violates Code
Section 14-13 shall be guilty of a
misdemeanor. In addition to any confinement that might be imposed for a conviction
under this subsection, for the second conviction a fine of not less than
$300.00 shall be imposed and for a third or subsequent conviction a fine of not
less than $500.00 shall be imposed.
(b) If an owner who has a previous conviction for
a violation of this article knowingly and willfully fails to comply with the
provisions of this article, such owner shall be guilty of a misdemeanor of high
and aggravated nature if the owner’s vicious dog attacks, bites, causes severe
injury, or causes the death of a human being under circumstances constituting
another violation of this article.
(c) In addition to the penalties for violations
under subsection (b) of this Code section, the vicious dog involved shall be
immediately confiscated by the dog control officer or by a law enforcement
officer or another person authorized by the dog control officer and placed in
quarantine for the proper length of time as determined by the county board of
health, and thereafter, the vicious dog shall be destroyed in an expeditious
and humane manner.
14-15.
Under no circumstances
shall a local government or any employee or official of a local government
which enforces or fails to enforce the provisions of this article be held
liable for any damages to any person who suffers an injury inflicted by a dog
that has been identified as a vicious dog or by a dog that has been reported to
the proper authorities as being a vicious dog or by a dog which has been
identified as a vicious dog but has not been kept or restrained in the manner described
in subsection (a) of Code Section 4-8-42.
Sec. 14-1663.
Same--Liability of owner.
Irrespective of the investigation and notice provisions regarding dangerous and potentially dangerous animals and vicious dogs in this chapter, the owner of a dangerous or potentially dangerous animal or vicious dog shall bear liability for and is held to know that such an animal is dangerous or potentially dangerous or vicious if the animal has, at any time, displayed any one or more of the behaviors described in the definitions of dangerous or potentially dangerous animals or vicious dogs, and shall be subject to citation.
(Amd. of 1-19-2006)
Sec. 14-174. Destruction of dangerous, injured or sick animals.
If it is deemed impossible or impractical to rescue, confiscate or seize by reasonable and normal means a dangerous, injured or sick animal due to its viciousness, suffering, or other unhealthful condition, it shall be the duty of any law enforcement agency or the animal control officer to immediately and humanely destroy the animal in the field if the officer deems such destruction is necessary for the protection of the public health and safety of the citizens of the county.. The animal's owner, if known,shall be liable for a reasonable fee associated with such immediate destruction of such animal.
(Amd. of 1-19-2006)
Sec. 14-185. Violations; penalties.
(a) Any person, firm, corporation, association or partnership violating any provision of this chapter as it exists or may be amended, shall be guilty of a misdemeanor, amenable to the process of the Magistrate Court of Union County, and upon conviction shall be punished at least as provided below for each violation, in the discretion of the court, to a maximum of $1,000.00 fine and 60 days in jail, or both. Each day a violation is committed or permitted to continue shall constitute and shall be punishable as a separate offense.
(b) The following minimum fines and
penalties shall be imposed for violations of this chapter. A second citation
for the same owner for the sameany offence under this
chapter offense within two years, even if for
a different animal, shall subject the owner to a fine of at least double
the amount of the first fine. In the case of a third citation for the same
owner for the sameany offence under this
chapter offense within two years of the second
offense, even if for a different animal, the fine shall be at least double
the amount of the second fine, and the animal may be confiscated.
TABLE INSET:
|
Section/violation |
Minimum fine |
|
14-6 No rabies vaccination |
$50.00 $50.00 |
|
14-6 No proof of rabies vaccination |
|
|
14-6 No ID |
|
|
14-4 Failure to report an animal bite |
|
|
14-4 Failure to report animal missing |
|
|
14-4 Remove tracking collar or ID |
|
|
14-4 Failure to respond to a notice |
|
|
14-4 Failure to exercise reasonable care* |
$100.00 |
|
14-4 Nuisance* |
|
|
14-6 Failure to follow through on adoption
agreement |
|
|
14-4 Failure to confine an unsterilized animal
|
$150.00 |
|
14-4 Negligently allowing working dog to run
free |
|
|
14-6 Animal bite, no rabies vaccination |
|
|
14-6 Violation of quarantine requirements |
$250.00 |
|
14-7 Abandonment, cruelty, mistreatment, abuse
|
|
|
14-7 Illegal killing of an animal |
|
|
14-9 through 14-15 Any
violation by potentially dangerous animal* |
|
|
14-15 Failure to comply with special conditions or
sterilization requirements |
|
|
14-5 Interfere with animal control officer
|
$500.00 |
|
14-9 through 14-15 Any
violation by dangerous animal or vicious dog* |
|
|
14-6 Kill or release animal under rabies
observation |
|
|
Any felony violation |
See ordinance and state laws |
|
Any other violation |
$50.00 minimum fine |
(c) A citation shall be personally served upon the animal owner or the alleged violator.
(d) Penalties provided in this chapter are in addition to those provided under state law. All fines imposed by this chapter do not include court costs which shall be an additional amount imposed by the court and added on to each fine.
(e) When an animal has been confiscated or surrendered for any reason and becomes the property of animal control, it shall be within the discretion of animal control to determine the best and most humane options for disposition of the animal. Animal control policy may include surrender to another shelter, euthanasia, or adoption, and previous owners are not entitled to any further information once the animal becomes the property of animal control.
(f) Upon issuance of a citation for nuisance, failure to take reasonable care, or an animal has been declared dangerous or potentially dangerous or vicious, animal control may require that an owner take special preventative measures on a case by case basis in addition to fines and penalties, including but not limited to leash requirements, fencing, enclosures, immediate sterilization, etc. In considering whether to impose a special preventative measure, animal control is authorized to consider additional factors as aggravating circumstances such as:
(1) Child under 13 living near or found to usually walk by or is otherwise in close proximity to the animal;
(2) The animal has bitten a human being or other animal;
(3) A dog has been trained for fighting or attack;
(4) The animal, without provocation, has approached a person in an apparent attitude of attack;
(5) The individual animal has a known propensity, reputation, or tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings, domestic animals, livestock, or other animals.
(Amd. of 1-19-2006)
There is hereby established an account with the county entitled "Help the Animals Account" into which account shall be deposited charitable donations made for various animal control and welfare purposes to include but not be limited to spay/neuter, animal shelter, adoption, foster care, and other programs, in keeping with the purposes of this chapter. Funds in the "Help the Animals Account" may be expended from time to time, upon the written request of the chief animal control officer, for programs and activities within the purposes of this account.
(Amd. of 1-19-2006)
Sec. 14-17. Liability for damages.
It is the intent of this chapter that the owner of an animal shall be solely liable for any injury or death caused by the animal. Under no circumstances shall the commissioner or any employee or official of the commissioner which enforces or fails to enforce the provisions of this chapter be held liable for damages to any person.
(Amd. of 1-19-2006)
Sec. 14-18. Provisions of joint animal control services.
The commissioner shall be authorized to enter into an agreement with one or more other governing authorities to provide joint animal control services pursuant to the provisions of this chapter as provided by state law.
(Amd. of 1-19-2006)
Sec. 14-19. Interpretation and application.
Nothing in this chapter shall be interpreted or applied so as to create any power or duty in conflict with the preemptive effect of any federal or state law.
(Amd. of 1-19-2006)