An Ordinance or the Board of Commissioners of Haralson County for the purpose of providing for regulation, and control of animals within Haralson County, authorizing the classification, impounding and disposition of certain animals, providing for fees, establishing an Animal Control Board, providing penalties, providing for intergovernmental agreements with participating municipalities,
Whereas, the County should to enact an animal control ordinance due to increased development within the county.
Whereas, the County has continued to grow, there has been substantial increase in the number of unrestrained animals throughout the county; and
Whereas, there have been increasing complaints throughout the County concerning the increase in the number of unrestrained animals; and
Whereas, there is a heightened concern for the health, safety and welfare of the citizens of the County caused by the increase in unrestrained animals; and
Whereas, the Haralson County Humane Society has recommended to the Board of Commissioners that there be a requirement of control of an owner's animal by requiring said animal be restrained or under the control of the owner; and
Whereas, most of the municipalities within the County have enacted or are concerning domestic animals to facilitate the uniform enforcement of said regulations and to enhance the efficiency of an animal control program; and
Whereas, the veterinarians have requested that provisions related to sterilization of animals be included; and
Whereas, the Haralson County Board of Health should adopt rules and regulations relative to catching and impounding of strays and unwanted dogs, 1965-66 Op.Atty.Gen.No. 65-21 as stated in the Georgia Health Code, Chapter 19, Control of Rabies; and
Whereas, the Haralson County Board of Health shall have primary responsibility for the control of rabies within its jurisdiction. Such boards, in addition to their other powers, are empowered and required to adopt and promulgate rules and regulations for the prevention and control of such disease as stated in the Georgia Health Code, Chapter 19, Control of Rabies 31-19-1.
Whereas, the Board of Commissioners deems it to be in the best interests of the citizens of
Now Therefore Be It Ordained, And Hereby Is Ordained by the Commissioners of Haralson County, pursuant to the authority vested in the Commissioners by law and Title 4 of the Official Code of Georgia Annotated as follows:
Section 1. TITLE
This Ordinance shall be known as the "Haralson County Animal Control Ordinance".
Section 2. PURPOSE AND INTENT
It is the intent of this ordinance to require animal owners to be responsible and accountable for the actions, behavior, and condition of their animals; to provide for the humane treatment of animals; to provide for the classification of dangerous dogs and potentially dangerous dogs; to provide for the investigation of cruelty to animals; to provide for emergency procedures pertaining to sick or injured animals; to provide for rabies control; and to promote the public health, safety and general welfare of the citizens of Haralson County.
Section 3. Definitions
When used in this Ordinance, the following words, terms, and phrases, and their meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
1. Abandoned Animal means any animal, which has been:
A) Placed upon public property or within a public building unattended or uncared for;
B) Placed upon the private property of another without the express permission of the owner, custodian or tenant of the property and is left unattended or uncared for; or
C) On the property of the owner or custodian of such animal for more than 36 hours unattended and without food and water.
2. Adequate food and water means food and water, which is sufficient in amount, and appropriate for the particular animal to prevent starvation, dehydration, or a significant risk to the animal’s health from lack of food and water.
A) Adequate food means palatable, non-contaminated, and nutritionally adequate that is fed according to the species requirements or is fed as directed by a veterinarian.
B) Adequate water means clean, fresh, potable water offered to pets at suitable intervals according to the species requirements or as dictated by naturally occurring states of hibernation normal for the species or as directed by a veterinarian.
3. Adequate Shelter means a dwelling that protects the animal from drafts and all forms of weather (including, but not limited to: rain, sleet, snow), and provides for shade from the heat in the summer and consists of a three sided shelter, with a roof and with a floor that supports the animal off the bare ground and includes clean, dry bedding.
4. Adequate Temperature Control means indoor housing facilities for pets are sufficiently heated and/or cooled when necessary to protect the animals from excessive heat, or from chilling, freezing or from any physical damage. Except for equines, the ambient temperatures should not be allowed to fall below 45f degrees or rise above 85f degrees, for the animals that are not acclimated.
5. Adequate Ventilation means indoor housing facilities for pets are adequately ventilated to provide for the health of the animals at all times. Such facilities must be provided with fresh air either by means of windows, vents, fans, or air conditioning and should be ventilated so as to minimize drafts, odors, and moisture condensation.
6. Adult as it applies to dogs and cats in this document means a domestic canine over 12 months of age and a domestic feline over eight months of age.
7. Animal means any live creature, both domestic and wild, commonly kept as a pet including, but not limited to, dogs and cats.
8. Animal Control means the Animal Control Department of Haralson County. Animal Control Officer means an employee of Animal Control designated to administer and enforce the requirements contained within this Ordinance.
9. Animal Establishment means any pet shop, kennel, grooming shop, auction, performing animal exhibition or other facility engaged in the handling of animals, excluding licensed veterinarians and veterinarian clinics and hospitals.
10. Animal Nuisance means any nuisance arising out of the keeping, maintaining of owning of, or failure to exercise sufficient control over an animal.
11. Animal Shelter means the Haralson County Animal Shelter where animals who are impounded under the terms of this Ordinance shall be kept.
12. Association means an unincorporated society, or body or persons united and acting together with a common purpose, operating without a corporate charter. It is not a legal entity separate from the persons who comprise it.
13. At Heel means a dog is directly behind or next to a person and obedient to that person’s command.
14. At Large means that an animal is off the premises of the owner, and not on a leash or otherwise under the immediate control of a person physically capable of restraining the animal.
15. Auctions means any place or facility where animals are regularly bought, sold or traded, except for those facilities otherwise defined in this chapter.
16. Aviary means any place where birds are kept confined for breeding, boarding, or similar purpose.
17. Cat means any cat, male or female, of pure or mixed breed.
18. Commissioner means Commissioner of Haralson County.
19. County means
20. Cruelty means every act of omission whereby unjustifiable physical pain, suffering or death of an animal is caused or permitted, including failure to provide proper drink, air space, shelter or protection from elements, a sanitary and safe living environment, or nutritious food. In the case of activities where physical pain is necessarily caused, such as medical and scientific research, food processing, customary and normal veterinary and agricultural husbandry practices, pest elimination, and animal training and hunting, cruelty shall mean failure to employ the most humane method reasonably available.
21. Dangerous Dog means any dog that inflicts a severe injury on a human being or other animal without provocation on public or private property or aggressively bites, attacks, or endangers the safety of humans or other animals without provocation.
22. Dead Animal means any carcass or parts of a carcass of any animal.
23. Disposition means adoption, quarantine, voluntary or involuntary custodianship or placement, or euthanasia humanely administered to an animal. "Disposition" also includes placement or sale of an animal to the general public.
24. Dog means any dog, male or female, of pure or mixed breed.
25. Domestic Animal means dogs, cats, domesticated sheep, horses, cattle, goats, swine, fowl, ducks, geese, chickens, turkeys, confined domestic hares and rabbits, pheasants, and other birds and animals raised and/or maintained in confinement.
26. Equine means any member of the equine species, including horses, mules and asses.
27. Establishment means an established fixed or mobile unit, such as a pet shop, pasture, barn, kennel, cattery, warehouse, building, vehicle, residence or parts thereof to carry out a business or to conduct any activity for which a license is required.
28. Exotic Animal means any live monkey, alligator, crocodile, cayman, raccoon, skunk, fox, bear, sea mammal, poisonous snake, member of the feline species other than domestic cat (felis domesticus), member of the canine species other than domestic dog (canis familiaris) or any there animal that would require a standard of care and control greater than that required for customary household pets sold by commercial pet shops. (Chapter 5 of title 27 of the Official Code of Georgia Annotated)
29. Facility means the physical aspects of a building or premise that is maintained, installed, or established to carry out a particular purpose.
30. Foster Homes means any place routinely or in the practice of providing temporary care for animals. A Foster Home must be under a written contract with a licensed animal shelter, and not an animal shelter itself.
31. Garbage means all refuse matter, animal or vegetable; by-products of a restaurant, kitchen or meat/poultry processing establishment; and every refuse accumulation of animal, fruit, or vegetable matter, liquid or otherwise, that is normally discarded. For the purposes of this chapter, garbage shall not include home prepared food given to an animal living on the property of the person caring for the animal.
32. Governing Authority means the governing authority of
33. Guard Dog means a dog trained to attack on command or to protect persons or property, and who will cease to attack upon command.
34. Hobby/Kennel Breeder means a person who offers for sale one litter of animals during a 12-month period per household. A household which sells two litters during a 12 month period, even if the litters are produced from different animals, will not be considered a hobby breeder and will be subject to the registration procedures applicable to animal establishments and breeders as designated in this chapter.
35. Humane Care of Animals means, but is not limited to, the provision of adequate heat, ventilation, sanitary shelter, and wholesome food and water, consistent with the normal requirements and feeding habits of the animal's size, species, and breed. Inhumane care includes any act, omission, or neglect, which causes unjustifiable physical pain, suffering, or death to any living animal.
36. Impoundment means the taking into custody of an animal by any law enforcement officer, Animal Control Officer, or any authorized representative thereof.
37. Incubate means to sit upon and hatch eggs, or to maintain eggs as embryos in a favorable environment for development and hatching.
38. Indoor Housing Facility for the purposes of this chapter means an establishment within the interior of a building wherein all activity is conducted for which the license is issued.
39. Kennel means any establishment, other than an animal shelter, where dogs or cats are maintained for boarding, holding, training, or similar purposes for a fee or compensation. Similar purposes include, but are not limited to, activities of a breeding establishment, cattery, or grooming shop. (These must be licensed by state and county.)
A) Breeding Establishment means any establishment where pets are bred and a fee or compensation is received for the breeding and maintenance of such pets, such as a stud service.
B) Cattery means any establishment where a cat is maintained for breeding, boarding, training, holding, or similar purposes for a fee or compensation.
C) Grooming Shop means any establishment, other than an animal shelter, where a person maintains a dog or cat for bathing, dipping, clipping, trimming, brushing, or similar care of the appearance for a fee or compensation.
40. Litter means born to a pet animal at one time or a clutch of nesting eggs produced and incubated by a female bird at a single sitting, or a brood of chicks incubated by mechanical means.
41. Livestock means all animals of the equine, ruminant, fowl or swine class, including, but not limited to, chickens, roosters, goats, sheep, mules, horses, hogs, cattle, llamas, and other grazing animals, and all ratites, including but not limited to, ostriches, emus and rheas.
42. Maintain means to keep or keep up, or to keep in a certain condition.
43. Minimum age to sell means at an age that no longer requires parental nurturing for survival, or at an age that can be sustained from appropriate and nutritional food given by persons who are knowledgeable in the feeding needs and eating habits common to the breed, size and age of the species.
44. Outdoor housing establishment for the purpose of this chapter means an establishment outside a building and in the open air.
45. Owner means any natural person or legal entity including, but not limited to, a corporation, partnership, firm, or trust owning, possessing, harboring, keeping or having custody or control of the animal for three or more days (regardless of whether the days follow one another); this term shall include a joint owner and their resident spouse of the person that owns the animal (because such spouse lives in the same residence and therefore has custody or control over such animal).
46. Participating Municipality means any municipality in
47. Person means any person, firm, corporation, partnership, association, or other legal entity, any other entity, or private institution, the State of
48. Pet means any animal that is customarily obtained as a pet and includes, but is not limited to, the following: dog, cat, bird, equine, fish, reptile, rodent, chinchilla, rabbit, hamster, guinea pig, or miniature pig. Any animal described in O.C.G.A. Sections 27-1-2 General Provisions and 27-5-5 Wild Animals are not considered a pet for the purposes of this chapter, except where specifically mentioned herein.
49. Potentially Dangerous Dog means any dog that, without provocation, bites a human being or another animal on public or private property or acts threatening or aggressive manner toward a person or other animal that places said person or animal in reasonable apprehension of immediately receiving a violent injury.
50. Premise means any establishment, facility, land, or parts thereof.
51. Primary Enclosure means any structure or device used to restrict an animal or animals to a limited amount of space, such as a building, room, pen, run, cage, aquarium, hutch, stall, paddock, pasture, or animal transfer vehicle.
52. Produced means to have propagated or generated the progeny of a female.
53. Proper Animal Health Care means a program of disease control and prevention, veterinary care, and humane euthanasia. The animal health care should be sufficient to prevent unnecessary physical pain or suffering.
54. Proper Enclosure means an enclosure for keeping a dangerous dog or potentially dangerous dog while on the owner's property 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. Any such pen or structure shall have secure sides and a secure top, and, if the dog is enclosed within the fence shall be constructed or secured in such a manner as to prevent the dogs' escape either from over or from under the fence. Any such enclosure shall also provide protection from the elements for the dog.
55. Public Nuisance Animal means any animal that unreasonably annoys humans, endangers the life or health of persons or other animals, or substantially interferes with the rights of citizens, other than their owners, to enjoyment of life or property. The term "public nuisance animal" shall include, but not be limited to:
A. Any animal that is repeatedly found running at large;
B. Any dog or cat in any section of a park or public recreation area, unless, the dog
or cat is controlled by a leash or similar physical restraint;
C. Any animal that damages, soils, defiles, or defecates on any property other than that of its owner;
D. Any animal that makes disturbing noises, including but not limited to, continued and repeated howling, barking, whining, or other utterances causing unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
E. Any animal that causes fouling of air by noxious or offensive odors and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
F. Any animal in heat that is not confined so as to prevent attraction or contact with other animals;
G. Any animal, whether or not the property of its owner, that without provocation, molests, attacks, or otherwise interferes with the freedom of movement of persons in a right-of-way;
H. Any animal that attacks domestic animals;
I. Any animal that causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored;
J. Any animal that is offensive or dangerous to the public health, safety or welfare by virtue of the number of animals maintained at a single residence or the inadequacy of the facilities.
56. Records of Appropriate Authority means records of any state, county, or municipal law enforcement agency; records of Animal Control; records of any county board health; records of any federal, state, or local court; or records of an Animal Control Officer provided for in this article.
57. Rescue Group means any association or corporation operated as a non-profit organization and for the purpose of providing care and shelter to animals. Except rescue groups for equine, a rescue group that takes possession of the animals and provides care and shelter must be licensed as an animal shelter or under written contract with a licensed animal shelter, in which case it will be considered an agent for the animal shelter and not an animal shelter itself. An equine rescue group operating for that purpose and maintaining any facility (including, without limitation, providing temporary care at a person's private property) must meet all the requirements of a licensed stable.
58. Sanitary means a condition of good order and cleanliness to minimize the possibility of disease transmission.
59. Sanitation means the maintenance of conditions conductive to health and involves bedding changes (as appropriate), cleaning, and disinfection. Cleaning removes excessive amounts of dirt and debris, and disinfection reduces or eliminates unacceptable concentration of microorganisms. To sanitize, therefore, means to make physically clean, and to the maximum degree practical, remove and destroy agents injurious to health.
60. Severe Injury means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery, or physical injury that results in death.
61. Sexually Mature Animal means any dog or cat that has reached the age of 180 days or six months or more.
62. Stable means any establishment, or other enclosure where equines are maintained for boarding, holding, training, breeding, riding, pulling vehicles, or other similar purposes and a fee is charged for maintaining such equines or for the use of such equines.
63. Stray Cat means any cat without a collar and proof of rabies vaccination, and that is not claimed by anyone as its owner.
64. Sterilization means the surgical removal of the reproductive organs of a dog or cat in order to render the animal unable to reproduce.
65. Stray Dog means any dog without a collar and proof of rabies vaccination and that is not claimed by anyone as its owner.
66. Under Control means any animal shall be considered under control if it is on the property and/or premises of its owner, or is secured by a leash, chain, or lead of sufficient strength to prevent it from escaping from its owner when away from the premises of the owner. An animal may be considered under control if the owner is accompanying the animal and has voice, whistle or other control over such animal and such animal is trained to respond to such voice, whistle or other control. The burden of providing that an animal is trained to respond to voice, whistle or other control remains with the owner of such animal and a rebuttal presumption exists that an animal which is not confined to the premises of its owner without being secured by a chain, leash or lead of sufficient strength or fence to prevent it from escaping is not under control of its owner.
67. Unsanitary means and involves conditions such as, but not limited to, filth and bacteria, which endanger the health of humans and/or animals.
68. Veterinary Clinic and Hospital means a clinic or hospital means a clinic or hospital operated by a licensed veterinarian.
69. Vicious Animal means any animal which constitutes a physical threat to human beings or other animals by virtue of one or more documented unprovoked attacks or threats of attack of such severity as to cause physical injury, or significant mental trauma to the victim. An animal is also considered to be vicious if it makes an unprovoked attack on other animals or on physical property. Animal attacks shall be documented by reporting such attacks to the county animal control office. If the animal attack involves the biting of a person or another animal, the attack shall also be reported to the county animal control office.
70. Wild and Exotic Animals means any monkey, or other nonhuman primate, such as raccoon, skunk, wolf, squirrel, fox, leopard, panther, tiger, lion, lynx, ferret, bear, llama, wild rabbit, tarantula, wild rodent, and reptiles, including, but not limited to, crocodiles, alligators, poisonous snakes, caiman, and gavial, and any other animal so designated by the animal control department. The term "wild and exotic animal" does not include: domestic dogs (hybrids with wolves, coyotes or jackals are considered wild animals), domestic cats (hybrids with ocelots or margays are considered wild animals), farm animals, rodents, any hybrid animal that is part wild, and captive bred species of common cage birds. Wild and Exotic Animal shall also mean those animals as defined in Chapter 5 of Title 27 of the Official Code of Georgia Annotated.
Section 4 Caring for Animals
a. It shall be unlawful for the owner or custodian of any animal to refuse or fail to provide such animal with sufficient wholesome and nutritious food, clean potable water, adequate shelter, humane care and treatment needed to prevent suffering.
b. It shall be unlawful for the owner or custodian of any animal to willfully abandon such animal on any street, road, highway or public place, or on private property when not in the care of another person.
c. It shall be unlawful for any owner or custodian of any animal to permit the accumulation of waste matter from animals to collect and remain on the property of the owner or custodian or on the property of others so as to cause or create an unhealthy, unsanitary, dangerous or offensive living condition on the owner's or custodian's property, or to abutting property of others.
d. It shall be unlawful for any owner or custodian of any animal to permit or cause unsanitary, dangerous or offensive conditions by virtue of the size or number of animals maintained at a single location or due to the inadequacy of the facilities.
e. It shall be unlawful for any owner or custodian of any cat to allow the cat to run free on the property of another, without permission of the owner or person in possession of that property and without wearing a collar with an identification tag, and a current rabies tag showing that said cat has been inoculated for rabies within one year of any such time as the rabies tag may be checked.
f. It shall be unlawful for any owner or custodian of any dog to allow the dog to run free on the property of another, without the permission of the owner or person in possession of that property.
g. It shall be unlawful for any owner or custodian of any dog to allow the dog to run free without wearing a collar with identification tag and a current rabies tag showing that said dog has been inoculated for rabies within one year of any such time as the rabies tag may be checked.
h. It shall be unlawful for any owner or lessee or property located in a residential neighborhood, regardless of the designated zoning of said property, to keep or maintain livestock in said residential area, unless the applicable zoning ordinance expressly allows otherwise.
i. No owner or custodian of any animal shall fail to exercise proper care and control of such animal to prevent the same from becoming a public nuisance.
Section 5 EMERGENCIES INVOLVING ANIMALS
a. SICK OR INJURED ANIMALS
1. In any situation deemed appropriate by the Animal Control Officer involving a sick or injured animal whose owner cannot be located and the condition of such animal is such that death or great suffering to the animal is likely, the Animal Control Officer may take custody of such animal and may secure veterinary services for such animal. The owner or custodian of such animal shall be responsible for reimbursement of all expenses related to treatment and boarding of the animal.
2. Any sick or injured animal, deemed by a licensed veterinarian to be suffering to such an extent that the humane destruction of the animal is appropriate and the owner of the animal cannot be located, shall be humanely destroyed by the veterinarian.
3. The owner of the animal shall be responsible for reimbursement to the County for all expenses involving the boarding, treatment, and destruction of any such animal.
b. CONTAGIOUS ANIMALS
1. Any animal impounded by the Animal Control Officer that is, in the opinion of the Animal Control Director, infected with a disease likely to cause death or great suffering to the animal, or which will likely spread to other animals shall be isolated and the owner of such animal shall be notified. If the owner cannot be located or the owner fails to take immediate steps to remove the animal from impoundment, the infected animal shall be humanely destroyed.
2. The owner of any such animal shall be responsible for all expenses related to the impoundment, boarding, treatment and destruction of such animal.
c. DANGEROUS AND POTENTIALLY DANGEROUS DOG
1. Any dog that severely injures a person to such an extent that the person requires medical attention or causes the death of a person shall be immediately confiscated and held by the Animal Control Officer pending a hearing to determine whether such dog should be destroyed. The owner of any dog that has been confiscated for severely injuring or causing the death of a person shall be given notice of said dog's confiscation. The notice to the owner shall be in writing and sent by registered or certified mail to the last known address of the owner. The notice shall give a description of the dog and set forth the reasons that the dog has been confiscated.
2. A hearing before the Animal Control Board shall be scheduled, not less than ten (10) days nor later than twenty (20) days from the date the dog is confiscated to determine if the dog should be destroyed. The notice to the owner shall provide the date, time, and place for said hearing. At said hearing, the owner of the confiscated dog shall have the right to present testimony and evidence as to why the dog should not be destroyed. The Animal Control Board, after receiving all pertinent testimony and evidence on the matter, shall decide whether the dog shall be destroyed. If the Animal Control Board decides that said animal should be destroyed, the animal shall be humanely destroyed any time after five (5) days after the date of the decision of the Animal Control Board.
3. If the Animal Control Board decides the animal should not be destroyed, the Animal Control Officer shall determine whether such animal shall be classified as a dangerous dog. If the Animal Control Officer determines that such dog shall be classified as a dangerous dog, the owner must comply with the requirements of this Ordinance, after which the animal will be returned to the owner. If the owner fails to meet such requirements within ten (10) days following the decision of the Animal Control Board classifying his/her dog as a dangerous dog, the dog shall be humanely destroyed. The owner of the dog may appeal the decision of the Animal Control Officer in the manner set forth in this ordinance.
4. The owner of the dog confiscated under the provisions of this subsection shall pay a fee to be determined by the Animal Control Board and reimburse
Section 6 CRUELTY TO ANIMALS
a. It shall be unlawful for any person to willfully or maliciously strike, beat, abuse, intentionally run down with a vehicle or otherwise engage in any act to cause or inflict unnecessary pain, injury, suffering or death to an animal, except that reasonable force may be used to drive away vicious or trespassing animals as authorized by Georgia law.
b. It shall be unlawful for any person to neglect to provide appropriate veterinary care to their animal when causing unnecessary pain, injury, suffering or death to an animal.
c. No person, except under the direction of a licensed veterinarian for humanitarian purposes, shall intentionally administer poison to any animal, or knowingly leave any poisonous substance of any kind or ground glass in any place with the intent to injure any animal. This provision is not applicable to licensed exterminators using poisons as part of a pest control program or the use of commercial insecticides and rodent baits used to control insects and wild rodents.
d. It shall be unlawful for any person to overload, overdrive, torture, torment, or deprive an animal of its necessary medical care, sustenance or shelter or beat, mutilate or kill any animal, or causes the same to be done, or leave unattended or carry in or upon vehicle(s) without proper restraint or ventilation, or otherwise treat any animal in cruel or inhumane manner.
e. It shall be unlawful to confine any animal and fail to supply sufficient quantities of wholesome food and water, or keep any animals in any enclosure without wholesome exercise and change of air, or abandon to die any animal.
f. It shall be unlawful to fail to maintain in a clean and sanitary condition, free from extreme and unreasonably objectionable odor, any and all structures, pens, yards and areas adjacent thereto wherein an animal is kept.
g. It shall be unlawful to fail to provide bedding and adequate shelter from the elements for any animal kept outdoors.
h. It shall be unlawful to:
1. Own, possess, keep or train any animal with the intent that such animal or any animal shall engage in an exhibition fighting.
2. Build, make, maintain or keep a pit on premises owned by him or occupied by him, or allow a pit to be built, made, maintained or kept on such premises, for the purpose of any exhibition of animal fighting.
3. In any manner encourage, instigate, promote or assist in an exhibition of animal fighting.
4. Charge admission, act as an assistant or umpire, or participate or be physically present as a spectator to any exhibition of animal fighting.
i. It shall be unlawful to abandon any domestic animal.
j. Any animal control officer shall impound any animal found to be cruelly treated.
k. The Animal Control Officer shall investigate complaints pertaining to cruelty to animals. The Animal Control Officer may request the assistance of an appropriate law enforcement officer.
l. The number of animals a person shall have possession of shall be limited to the number that can be adequately fed, watered, housed, humanely cared for, and maintained so as not to cause an act of cruelty to the animal(s), nor to support a public nuisance as to be determined by the Animal Control Officer.
m. No person convicted of an act of cruelty against an animal, as defined in this Ordinance, shall be allowed to keep an animal of the same species as that which the act was committed against.
**State Law references-Dog fighting, O.C.G.A. & 16--12-37; cruelty to animals, O.C.G.A. & 16-12-14; Georgia Animal Protection Act, O.C.G.A. & 4-11-1 etc seq.
Section 7 DISPOSAL OF ANIMALS
a. Definition. As used in this section, the term dead animals means the carcasses or parts of carcasses of all animals, regardless of whether they are considered to be farm livestock, poultry, equine, domesticated animals, pets, or any other type of animals, and shall include all animals regardless of the cause of death of such animals.
b. Abandonment of dead animals; requirements as to disposal generally.
1. It shall be unlawful for any person who owns or is caring for an animal, which has died or has been killed to abandon the animal, its parts or blood. Such person shall dispose of the dead animal as provided for in this section. Under no conditions may dead animals be abandoned in wells or open pits of any kind on private or public land or in any type of waterway.
2. No person shall dispose of an animal, its parts or blood by burial on the land of another without permission of the owner of the land.
3. Arrangements for proper burial must be made with a county official in order to dispose of a dead animal in a county landfill or by an approved method.
c. Removal and disposition of dead animals within rights-of-way. Animal Control will not remove and or dispose of any dead animals (domestic or wildlife) on rights-of-way (public or private property). Such carcasses or parts of carcasses shall be disposed of in a manner consistent with this section. Any other provision of this section to the contrary notwithstanding.
d. Method of disposal of dead animals. Methods, which can be used, for disposal of dead animals are burial and incineration in a county approved incinerator. Disposal of animal carcasses by either of the approved methods must be completed within 12 hours after death or discovery of the carcass. If incineration is chosen, the entire carcass must be reduced to ashes in the incineration process. Carcasses which are buried must be buried at least three feet below the ground level, but not more than eight feet and have not less than three feet of earth cover over the carcass.
*State law referenced-Dead Animal Disposal Act, O.C.G.A. & 4-5-1 est. seq.
Section 8 MOTORIST HITTING DOMESTIC ANIMALS
TO MAKE REPORT
Any person who, while operating a motor vehicle, strikes or causes injury to any domestic animal shall notify the owner if known or ascertainable, as well as the animal control unit, or appropriate police department, of the injury to and location of animal.
Section 9 FEMALE ANIMALS IN HEAT
Every female dog or cat in heat shall be confined in a building or other enclosure in such a manner that such female dog or cat cannot come into contact with another animal except for planned breeding and to prevent becoming a public nuisance.
(Must have appropriate license to breed.)
**State law reference--Permitting dogs and/or cats in heat to run at large, O.C.G.A. & 4-8-6
Section 10 LICENSES
a. The Commissioner of the Department of Agriculture shall license animal shelter, pet dealer, kennel, and stable operators under the applicable provision of Chapter 5 of Title 21, "Department of Agriculture Registration, License, and Permit Act" on a form obtained from the Department of Agriculture.
Establishments requiring a license include the following:
1. Animal Shelter
2. Kennel
3. Stable
4. Pet Dealer
b. The license shall be issued for a period of one (1) year and shall expire twelve (12) months from the date of issue. The license is issued for person and premise stated on the license and is not transferable.