Chapter 14
ANIMALS*

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Editor's note: The city has contracted with Chatham County to provide animal control services.

Cross references: Environment, ch. 42.

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. § 4-3-1 et seq.; Dead Animal Disposal Act, O.C.G.A. § 4-5-1 et seq.; Dangerous Dog Control Law, O.C.G.A. § 4-8-20 et seq.; permitting dogs in heat to run at large, O.C.G.A. § 4-8-6; liability of owner or keeper of vicious or dangerous animal for injuries caused by animal, O.C.G.A. § 51-2-7; authority to exercise animal control, Ga. Const. art. IX, § II, ¶ III(a)(3).

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Article I. In General

Sec. 14-1. Definitions.

Sec. 14-2. Livestock at-large.

Sec. 14-3. Nuisance.

Sec. 14-4. Distance of animal enclosures from buildings.

Sec. 14-5. Cleanliness of enclosures.

Sec. 14-6. Penalty.

Sec. 14-7. Impoundment.

Sec. 14-8. Rabies vaccination for dogs and cats.

Secs. 14-9? 14-40. Reserved.

Article II. Dogs

Sec. 14-41. Running at-large.

Sec. 14-42. Impounding? Required; right of entry.

Sec. 14-43. Same? Pound.

Sec. 14-44. Same? Fees.

Sec. 14-45. Same? Holding period; destruction.

Sec. 14-46. Penalty.

Secs. 14-47? 14-80. Reserved.

Article III. Dangerous Dogs

Sec. 14-81. Short title.

Sec. 14-82. Definitions.

Sec. 14-83. Dog control officer; animal control board.

Sec. 14-84. Investigations; notice of classification.

Sec. 14-85. Classification; notice; hearing.

Sec. 14-86. Requirements for possession.

Sec. 14-87. Outside proper enclosure.

Sec. 14-88. Confiscation; grounds; disposition.

Sec. 14-89. Violations; penalties.

Sec. 14-90. Liability for damages.

Sec. 14-91. Conformity with state law.

ARTICLE I.
IN GENERAL

Sec. 14-1. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Animals means horses, ponies, mules, cattle, sheep, goats, swine, dogs, cats, rabbits, guinea pigs, hamsters and similar animals.

Enclosure means any uncovered, enclosed parcel of land where animals or fowl are kept.

Fowl means chickens, turkeys, geese, ducks, pigeons and similar fowl.

Health officer means the commissioner of health of the county or his authorized representative.

Housing means any building, shed, cage, pen or similar structure used for the housing of animals or fowl.

Livestock means any head of cattle, horse, mule, pony, hog, pig, goat, sheep or other animal commonly coming within such classification.

Nuisance means whatever is dangerous or detrimental to human life or health, and whatever renders or tends to render soil, air, water or food, impure or unwholesome.

(Code 1976, § 4-1)

Cross references: Definitions generally, § 1-2.

Sec. 14-2. Livestock at-large.

It shall be unlawful for any head of livestock to be allowed to feed or to be loose on any part of the right-of-way of any public road of the city. The owner of any such animal found on any part of the right-of-way of any public road of the city shall be punished as provided in section 1-12, and the animal shall be impounded according to law.

(Code 1976, § 4-2)

Sec. 14-3. Nuisance.

The owner of animals and fowl shall be responsible for correcting or abating any nuisance that may arise from the keeping thereof.

(Code 1976, § 4-3)

Sec. 14-4. Distance of animal enclosures from buildings.

(a) Any housing or enclosure used for the keeping of animals or fowl shall be kept at the following minimum distances from any occupied building, except the dwelling unit of the owner or keeper, unless permission of the occupant of adjacent buildings and the health officer is given for a lesser distance:

(b) Animals and fowl not specifically listed in this section shall be kept at minimum distances deemed reasonable and necessary by the health officer.

(c) In case of bona fide licensed pet shops, veterinary hospitals, stock yards, poultry farms and similar commercial establishments, the health officer may modify the requirements of this section where undue hardship would result from the strict enforcement thereof.

(d) All animals or livestock, except dogs and cats, shall be kept in an area not less than a minimum of 25,000 square feet. The health officer of the city may modify this requirement in the case where it would create undue hardship and would in no way affect the health, safety and welfare of the citizens of the city.

(Code 1976, § 4-4)

Cross references: Buildings and building regulations, ch. 22.

Sec. 14-5. Cleanliness of enclosures.

(a) Any housing or enclosure used for the keeping of animals or fowl shall be well drained, free from accumulations of animal excrement and objectionable odors, and otherwise clean and sanitary.

(b) Animal excrement shall be disposed of in a manner approved by the health officer.

(Code 1976, § 4-5)

Sec. 14-6. Penalty.

Any person violating any of the provisions of this chapter shall, upon conviction, be punished as provided in section 1-12.

(Code 1976, § 4-6)

Sec. 14-7. Impoundment.

In order to protect the health, safety and welfare of the citizens of the city, the health officer or any police officer of the city shall have the power to impound any animal, fowl or livestock when, in their discretion, such animal, fowl or livestock is creating a nuisance, health hazard or being kept and maintained in a manner which would violate any provision of this Code.

(Code 1976, § 4-7)

Sec. 14-8. Rabies vaccination for dogs and cats.

All dogs and cats which have become three months of age shall be vaccinated against rabies.

(Code 1976, §§ 4-8, 4-22)

State law references: Control of rabies, O.C.G.A. § 31-19-1 et seq.; rabies inoculation tags, O.C.G.A. § 31-19-6.

Secs. 14-9? 14-40. Reserved.

ARTICLE II.
DOGS

Sec. 14-41. Running at-large.

(a) It shall be unlawful for any dog to be on the streets, lanes, highways, roads or squares of the city, or loose on vacant lots or unenclosed lots, so that such dog may freely have access to the streets, lanes, highways, roads or squares of the city, unless such dog is held firmly on a leash by a person. It shall be the duty of any owner or possessor of any dog to securely confine such dog within the limits of his own premises and not to permit such dog to run or have access to run the streets, lanes, highways, roads, squares or parks of the city, except as set forth in this subsection or for hunting, field trials and the working of such dogs.

(b) It shall be unlawful for any dog owner to keep, or have within the incorporated limits of the city, a dog which habitually or repeatedly chases, snaps at or attacks pedestrians or bike riders, or conducts itself so as to be a public nuisance. If necessary, the health officer or any police officer shall have the right to muzzle or employ such other methods as may reasonably be necessary to impound such animal.

(Code 1976, § 4-23)

Sec. 14-41.1.  Tethering.

It shall be prohibited in the city to retain or confine dogs or cats in a manner achieved by stationary or non-stationary dog houses, barrels or other stationary object as such means of confinement within the property.

                                                                             II.

This ordinance or part of ordinances in conflict herewith are expressly repealed.                                                                 

ADOPTED this 8^th day of September, 2009.

Sec. 14-42. Impounding? Required; right of entry.

(a) Any dog found upon the streets, lanes, highways, roads or squares of the city in violation of this article shall be caught by the humane officer or his assistant and impounded. The humane officer or his assistant shall have the specific right to enter upon any unenclosed private property to secure capture of any dog in violation of this article.

(b) Upon the failure of a person to comply with the notice to obtain a license within 24 hours after receiving such notice, or should the person in charge of the premises upon which an unlicensed dog is found disclaim ownership of such dog, by himself or any member of his household when so notified, it shall then become the duty of the humane officer to go upon the premises and take charge of and impound the dog.

(Code 1976, § 4-24)

Sec. 14-43. Same? Pound.

The shelter and impounding of dogs found within the city in violation of this article may be delegated to and performed by such organization as shall be selected by the county commissioners, provided, the operation of the humane shelter shall be under the direction and control and subject to the supervision of the health officer.

(Code 1976, § 4-25)

Sec. 14-44. Same? Fees.

Within three days after a dog is impounded, the owner, possessor or any representative of the owner or possessor of such dog may come forward and pay an impounding fee as set forth in the schedule of fees and charges for each dog impounded and an amount as set forth in the schedule of fees and charges per day for each day that the dog is housed and fed in the dog pound or humane shelter by the authorities of the county.

(Code 1976, § 4-26)

Sec. 14-45. Same? Holding period; destruction.

Any dog impounded under the provisions of this article shall be kept for 20 days in a convenient place to be known as the dog pound or humane shelter, located in the county. Any dog impounded under this article whose owner, possessor or representative shall not come forward within three days after the impoundment and pay the fees as set forth in the schedule of fees and charges shall be put to death in a humane manner.

(Code 1976, § 4-27)

Sec. 14-46. Penalty.

Any person violating any of the provisions of this article shall, upon conviction, be punished as provided in section 1-12.

(Code 1976, § 4-28)

Secs. 14-47? 14-80. Reserved.

ARTICLE III.
DANGEROUS DOGS*

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Cross references: Environment, ch. 42.

State law references: Dangerous Dog Control Law, O.C.G.A. § 4-8-20 et seq.

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Sec. 14-81. Short title.

This article is enacted under the authority of O.C.G.A. § 4-8-20 et seq., which is known as the "Dangerous Dog Control Law," and this article shall be known and may be cited as the "Dangerous Dog Control Code."

Sec. 14-82. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Dangerous dog means any dog that, according to the records of an appropriate authority:

(1) Inflicts a severe injury on a human being, without provocation, on public or private property, at any time after the effective date of this article; or

(2) Aggressively bites, attacks or endangers the safety of humans, without provocation, after the dog has been classified as a potentially dangerous dog and after the owner has been notified of such classification.

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 shall not be a dangerous dog or potentially dangerous dog within the meaning of this article. A dog shall not be a dangerous dog or a potentially dangerous dog within the meaning of this article if the injury inflicted by the dog was sustained by a person who, at the time, was committing a willful trespass or other tort, or was tormenting, abusing or assaulting the dog, or had in the past been observed or reported to have tormented, abused or assaulted the dog or was committing or attempting to commit a crime.

Dog control officer means an individual selected by the aldermanic board pursuant to the provisions of the Dangerous Dog Control Code and this article to aid in the administration and enforcement of the provisions of this article.

Governing authority means the aldermanic board.

Local government means the aldermanic board.

Owner means any natural person or any legal entity, including, but not limited to, a corporation, partnership, firm or trust owning, possessing, harboring, keeping or having custody or control of a dangerous dog or potentially dangerous dog within the city.

Potentially dangerous dog means any dog that, without provocation, bites a human being, on private or public property, at any time after the effective date of this article.

Proper enclosure means an enclosure for keeping a dangerous dog or potentially dangerous dog securely confined indoors or in a securely enclosed and locked pen, fence or structure suitable to prevent the entry of young children and designed to prevent the dog from escaping while on the owner's property. Any such pen or structure shall have secure sides and a secure top, and, if the dog is enclosed within a fence, all sides of the fence shall be of sufficient height and the bottom of the fence shall be constructed or secured in such a manner as to prevent the dog's escape either from over or from under the fence. Any such enclosure shall also provide protection for the dog from the elements.

Records of an appropriate authority means records of:

(1) Any state, county or municipal law enforcement agency;

(2) Any county or municipal animal control agency;

(3) Any county board of health;

(4) Any federal, state or local court; or

(5) A dog control officer.

Severe injury means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery, or a physical injury that results in death.

Cross references: Definitions generally, § 1-2.

Sec. 14-83. Dog control officer; animal control board.

(a) The aldermanic board shall designate an individual to carry out the duties of a dog control officer as provided in this article. The aldermanic board may assign the additional duties of dog control officer to any officer or employee of the aldermanic board who is subject to the jurisdiction of the aldermanic board. A person carrying out the duties of a dog control officer shall not be authorized to make arrests unless the person is a law enforcement officer having the powers of arrest.

(b) The county board of health, sometimes referred to in this article as the "board," is designated as the city animal control board to hold the hearings and determine the matters provided for in section 14-85. No member of the animal control board may participate in a hearing on any matter in which such member previously participated in the classification of the dog at issue.

Cross references: Officers and employees, § 2-111 et seq.

Sec. 14-84. Investigations; notice of classification.

(a) Upon receiving a report of a dangerous dog or potentially dangerous dog within the city dog control officer's jurisdiction from a law enforcement agency, animal control agency, rabies control officer or county board of health, the dog control officer shall make such investigations and inquiries with regard to such report as may be necessary to carry out the provisions of this article. The aldermanic board is authorized, but not required, to provide by ordinance or resolution for additional duties of a dog control officer in identifying dangerous dogs or potentially dangerous dogs and their owners to carry out the provisions of this article.

(b) When a dog control officer classifies a dog as a dangerous dog or reclassifies a potentially dangerous dog as a dangerous dog, the dog control officer shall notify the dog's owner, in writing, by certified mail to the owner's last known address of such classification or reclassification. Such notice shall meet the requirements outlined in section 14-85(c) and shall be complete upon its mailing.

Sec. 14-85. Classification; notice; hearing.

(a) As applied to the owners of potentially dangerous dogs, the procedures provided for in this section must be carried out as a necessary condition for the enforcement of the provisions of this article against such owners. As applied to the owners of dangerous dogs, the procedures provided for in this section shall not be an essential element of any crime provided for in this article or in the Dangerous Dog Control Code.

(b) When a dangerous dog or a potentially dangerous dog is classified as such, the dog control officer shall notify the dog's owner of such classification.

(c) The notice to the owner shall:

(1) Be in writing and mailed by certified mail to the owner's last known address;

(2) Include a summary of the dog control officer's findings that formed the basis for the dog's classification as a dangerous dog or potentially dangerous dog;

(3) Be dated and shall state that the owner, within 15 days after the date shown on the notice, has a right to request a hearing on the dog control officer's determination that the dog is a dangerous dog or potentially dangerous dog;

(4) State that the hearing, if requested, shall be before the county board of health;

(5) State that if a hearing is not requested, the dog control officer's determination that the dog is a dangerous dog or a potentially dangerous dog will become effective for all purposes under this article on a date specified in the notice, which shall be after the last day on which the owner has a right to request a hearing; and

(6) Include a form to request a hearing before the applicable agency and shall provide specific instructions on mailing or delivering such request to the agency.

(d) When the county board of health receives a request for a hearing as provided in subsection (c) of this section, it shall schedule such hearing within 30 days after receiving the request. The aldermanic board or county board of health shall notify the dog owner, in writing, by certified mail, of the date, time and place of the hearing, and such notice shall be mailed to the dog owner at least ten days prior to the date of the hearing. At the hearing, the owner of the dog shall be given the opportunity to testify and present evidence, and in addition thereto, the county board of health shall receive such other evidence and hear such other testimony as it may find reasonably necessary to make a determination either to sustain, modify or overrule the dog control officer's classification of the dog.

(e) Within ten days after the date of the hearing, the county board of health shall notify the dog owner, in writing, by certified mail, of its determination on the matter. If such determination is that the dog is a dangerous dog or a potentially dangerous dog, the notice shall specify the date upon which that determination is effective.

Sec. 14-86. Requirements for possession.

(a) It is unlawful for an owner to have or possess within the city a dangerous dog or potentially dangerous dog without a certificate of registration issued in accordance with the provisions of this section.

(b) Subject to the additional requirements of subsection (c) of this section, the dog control officer shall issue a registration to the owner of a dangerous dog or potentially dangerous dog if the owner presents to the dog control officer, or the dog control officer otherwise finds, sufficient evidence of:

(1) A proper enclosure to confine the dangerous dog or potentially dangerous dog; and

(2) The posting, with the uniform symbol designed by the department of human resources, of the premises where the dangerous dog or potentially dangerous dog is located, with a clearly visible sign warning that there is a dangerous dog on the property.

(c) In addition to the requirements of subsection (b) of this section, the owner of a dangerous dog shall present to the dog control officer evidence of a:

(1) Policy of insurance in the amount of at least $15,000.00 issued by an insurer authorized to transact business in this state insuring the owner of the dangerous dog against liability for any personal injuries inflicted by the dangerous dog; or

(2) Surety bond in the amount of $15,000.00, or more, issued by a surety company authorized to transact business in this state payable to any person injured by the dangerous dog.

(d) The owner of a dangerous dog or potentially dangerous dog shall notify the dog control officer within 24 hours if the dog is on the loose, is unconfined, has attacked a human being, has died or has been sold or donated. If the dog has been sold or donated, the owner shall also provide the dog control officer with the name, address and telephone number of the new owner of the dog.

(e) The owner of a dangerous dog or potentially dangerous dog shall notify the city dog control officer if the owner is moving from the dog control officer's jurisdiction. The owner of a dangerous dog or potentially dangerous dog who is a new resident of the city and this state shall register the dog as required in this section within 30 days after becoming a resident of the city. The owner of a dangerous dog or potentially dangerous dog who moves into the city from another jurisdiction within the state shall register the dangerous dog or potentially dangerous dog with the city within ten days after becoming a resident of the city.

(f) Issuance of a certificate of registration or the renewal of a certificate of registration by the city does not warrant or guarantee that the requirements specified in subsection (b) and (c) of this section are maintained by the owner of a dangerous dog or potentially dangerous dog on a continuous basis following the date of the issuance of the initial certificate of registration or following the date of any annual renewal of such certificate.

(g) The dog control officer is authorized to make whatever inquiry is deemed necessary to ensure compliance with the provisions of this article.

(h) There is levied an annual fee as set forth in the schedule of fees and charges to register dangerous dogs and potentially dangerous dogs as required in this section, which shall be paid to the city at the time of registration. Certificates of registration shall be renewed on an annual basis. At the time of the annual renewal of a certificate of registration, the dog control officer shall require evidence from the owner or make such investigation as may be necessary to verify that the dangerous dog or potentially dangerous dog is continuing to be confined in a proper enclosure and that the owner of such dog is continuing to comply with the other provisions of this article.

Sec. 14-87. Outside proper enclosure.

(a) Any owner of a dangerous dog who permits the dog to be outside a proper enclosure, unless the dog is muzzled and restrained by a substantial chain or leash and is under the physical restraint of a responsible person, shall be prosecuted under the Dangerous Dog Control Code. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration, but will prevent such dog from biting any person.

(b) Any owner of a potentially dangerous dog who permits the dog to be outside a proper enclosure, unless the dog is restrained by a substantial chain or leash and is under the restraint of a responsible person, shall be prosecuted under the Dangerous Dog Control Code.

Sec. 14-88. Confiscation; grounds; disposition.

(a) A dangerous dog shall be immediately confiscated by the dog control officer, a law enforcement officer or by another person authorized by the dog control officer, if the:

(1) Owner of the dog does not secure the liability insurance or bond required by section 14-86(c);

(2) Dog is not validly registered as required by section 14-86;

(3) Dog is not maintained in a proper enclosure; or

(4) Dog is outside a proper enclosure in violation of section 14-87(a).

(b) A potentially dangerous dog shall be confiscated in the same manner as a dangerous dog if the dog is:

(1) Not validly registered as required by section 14-86(a);

(2) Not maintained in a proper enclosure; or

(3) Outside a proper enclosure in violation of section 14-87(a).

(c) Any dog that has been confiscated under the provisions of subsection (a) or (b) of this section shall be returned to its owner upon the owner's compliance with the provisions of this article, and upon the payment of the actual costs to the city of the confiscation, which costs shall be calculated by the dog control officer. If the owner has not complied with the provisions of this article within 20 days of the date the dog was confiscated, the dog shall be destroyed in an expeditious and humane manner.

Sec. 14-89. Violations; penalties.

(a) The owner of a dangerous dog or potentially dangerous dog who violates the applicable provisions of section 14-86 or section 14-87, or whose dangerous dog is subject to confiscation under the applicable provision of section 14-88, shall be prosecuted under the Dangerous Dog Control Code.

(b) In addition to the criminal penalties for violations of this article and the Dangerous Dog Control Code, the dangerous dog involved shall be immediately confiscated by the dog control officer, 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 board and, thereafter, the dangerous dog shall be destroyed in an expeditious and humane manner.

(c) No owner of a dangerous dog shall be held criminally liable under this article for injuries inflicted by the owner's dog to any human being while on the owner's property.

Sec. 14-90. Liability for damages.

It is the intent of the aldermanic board that the owner of a dangerous dog or potentially dangerous dog shall be solely liable for any injury to or death of a person caused by such dog. Under no circumstances shall the aldermanic board or any employee or official of the aldermanic board 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 being a dangerous dog or potentially dangerous dog; or by a dog that has been reported to the proper authorities as being a dangerous dog or potentially dangerous dog; or by a dog that the aldermanic board has failed to identify as a dangerous dog or potentially dangerous dog; or by a dog which has been identified as being a dangerous dog or potentially dangerous dog but has not been kept or restrained in the manner described in section 14-86(b)(1); or by a dangerous dog or potentially dangerous dog whose owner has not maintained insurance coverage or a surety bond as required in section 14-86(c)(1) or section 14-86(c)(2).

Sec. 14-91. Conformity with state law.

Amendments to the state Dangerous Dog Control Code, after the effective date of this article, shall automatically amend this article, thereby conforming this article to any such amendment to the state Dangerous Dog Control Code.