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.
c. The license must be prominently displayed at each licensed place of business.
d. Exemptions:
1. Any person who raises, keeps, sells, or maintains animals solely for the purpose of human consumption shall be exempt from this chapter.
2. Any person who sells only animals they have produced shall not be considered a per dealer under this section unless such person:
A. is licensed for an animal related business by a local government,
B. is subject to a
C. is subject to the "Bird Dealers Licensing Act",
D. sells more than one litter in any twelve (12) month period,
E. sells more than 30 adult animals in any twelve (12) month period,
F. produces animals that pose a public health risk or exhibit illness or disease causing chronic pain and suffering, or
G. has been determined by the Department of Agriculture not to treat animals humanely or has been convicted of cruelty to animals.
e. Operation of a veterinary hospital or clinic by a licensed veterinarian or veterinarians for its customary purposes shall not be considered a kennel, pet dealer, or stable under this chapter.
**State Law reference--Georgia Department of Agriculture, Animal Industry Division, Chapter 40-13-13 Animal Protection, -.02 Licenses, -.07 Exemptions.
Section 11 RESTRAINT OF GUARD DOG
a. Every owner of a guard or attack dog shall keep such dog confined in a building, compartment or other secure enclosure. Any such enclosure shall be completely surrounded by a fence at least six (6) feet in height and shall be topped with an anti-climbing device constructed of angle metal braces with at least three (3) strands of equally separated barbed wire stretched between them. A minimum 12" X 18" sign, visible from 30', shall be posted to notify the public that a guard dog is on duty.
b. All anti-climbing devices shall extend inward at an angle of not less than forty-five (45) degrees nor more than ninety (90) degrees when measured from the perpendicular.
c. The areas of confinement shall all have gates and entrances thereto securely closed and locked, and all fences properly maintained and escape proof.
d. The provisions of this section shall not apply to dogs owned or controlled by governmental law enforcement agencies.
Section 12 HUNTING DOGS
Hunting dogs in the custody of persons hunting in accordance with State Game and Fish Department Laws, rules and regulations are exempt from the mandates of Section 7. The owners of such dogs shall continue to be civilly liable for any damage occasioned by the actions of their dogs, however. While hunting, all hunting dogs shall wear a collar with identification tags with name, address and phone number of the owner and a current rabies vaccination tag.
Section 13 RETURN OF ANIMAL TO OWNER
If the name of the owner of an animal found at large is known or can be obtained with reasonable dispatch, the Animal Control Officer shall return the animal to the residential address of the owner. If there is no one present, the officer shall impound the animal and leave written notice of which the owner must contact to reclaim the animal. The owner shall be cited for violation of this Ordinance.
Section 14 IMPOUNDMENT
a. In addition to any other remedies provided in this Ordinance, the Animal Control Officer may seize and impound at the animal shelter any of the following:
1. Any dog or cat without a valid rabies tag and identifying tag;
2. Any animal constituting a public nuisance or considered a danger to the public as determined by the Animal Control Officer;
3. Any animal in violation of any quarantine or confinement order issued by the Haralson County Board of Health or the Public Health Director;
4. Any unattended animal that is ill, injured or otherwise in need of care;
5. Any animal that is believed to have been abused or neglected as determined by the Animal Control Officer;
6. Any animal that is reasonably suspected of having rabies;
7. Any animal that is charged with being potentially dangerous, or dangerous where the Director of Animal Control determines that there is an immediate threat to public health and safety;
8. Any animal that a court of competent jurisdiction has ordered impounded or destroyed;
9. Any animal that is considered unattended or abandoned, as in situations where the owner is deceased or taken to the hospital or has been arrested or evicted from his/her regular place or residence and there is no other person who will take custody of the animal(s);
b. The Animal Control Officer or appropriate law enforcement officer may also, or in lieu of impoundment, issue to the owner a notice of violation. Such notice will cite the owner to appear on a date certain before the
c. Any person finding an animal at large upon his property may remove the same to the animal shelter or hold the animal in his own possession, and as soon as possible, notify Animal Control. The property owner shall provide a description of the animal and the name of the owner, if known. Animal Control shall dispatch an Animal Control Officer to take possession of the animal as soon as possible.
d. Any Animal Control Officer or other designated person who seizes and impounds an animal that cannot be housed at the animal shelter shall be authorized to arrange transportation of the animal to a farm or other appropriate facility which agrees to accept such animal. The disposition of the animal shall be handled in the same manner as though the animal were confined at the animal shelter except that, in addition to the fees charged for redemption, the owner shall also pay the actual transportation and feeding costs incurred while said animal was impounded.
e. Any Animal Control Officer or other person who discovers or is notified of livestock (as that term is defined in O.C.G.A. & 4-3-2) running at large, shall notify the appropriate law enforcement agency. The seizure, impoundment and disposition of such livestock shall be in accordance with the provisions of Chapter 3 of Title 4 of the Official Code of Georgia Annotated.
Section 15 NOTICE TO OWNER AND REDEMPTION
a. Upon impoundment of an animal, the Department of Animal Control shall immediately attempt to notify the owner, if known, by telephone, certified mail or by leaving a written notice at the owner's residence. The notice to the owner shall include the location of the shelter, hours during which the animal can be reclaimed, and fees to be charged to the owner. The owner shall also be advised that the failure to claim the animal within three (3) days following the posting or mailing of the notice as to where the animal was found at the animal shelter where public notices are posted for a minimum of three (3) days following the impoundment of an animal.
b. An owner reclaiming an impounded animal shall pay a fee for each day the animal is impounded as a boarding fee, and the actual veterinary costs. The daily rate charged for any subsequent impoundment occurring within twelve (12) months shall be double that which was charged for each day of confinement during the first impoundment.
c. Any animal not reclaimed by its owner within three (3) working days shall become the property of the County and shall be placed for adoption or euthanized. A fine for abandonment shall be levied.
Section 16 KEEPING OF NON-DOMESTIC/EXOTIC/WILD ANIMALS
a. It shall be unlawful for anyone to own, harbor, or permit at large any exotic animal within the areas of
b. Skunks, Foxes, Prairie Dogs, and Raccoons or Other Animals Prohibited by DNR-- It shall be unlawful to purchase, sell, own, possess, or harbor any skunk, fox, prairie dog or raccoon in the county.
**Code reference-DNR rules and regulations-keeping of non-domesticated animals.
Section 17 NUISANCES
It shall be unlawful for any person to keep any animal on any property within the incorporated and unincorporated limits of
Section 18 DAMAGE TO PROPERTY
It shall be unlawful for any person's animal to cause damage to another person's property. The owners of such animals shall continue to be civilly liable for any damage occasioned by the actions of their animals. Property shall include, but not be limited to, pets, livestock, vehicles, etc.
Section 19 DANGEROUS DOG CONTROL
a. Investigations; notice of classification as potentially dangerous dog or dangerous dog:
1. Upon receiving a report of a dangerous dog or potentially Dangerous dog within the Animal Control Officer's jurisdiction from a citizen, law enforcement agency, rabies control officer, or
2. When the Animal Control Officer classifies a dog as a dangerous dog or reclassifies a potentially dangerous dog, the Animal Control Officer shall notify the dog's owner in writing by certified mail to the owner's last known address of such classification. Such notice shall be complete upon it's mailing.
b. Procedures for classification as dangerous dog or potentially dangerous dog; notice; hearing;
1. 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 Section 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 section or in the Official Code of Georgia Annotated.
2. When a dangerous dog or a potentially dangerous dog is classified as such, the Animal Control Officer shall notify the dog's owner of such classification.
3. The notice to the owner shall meet the following requirements:
A. The notice shall be in writing and mailed by certified mail to the owner's last known address;
B. The notice shall include a summary of the Animal Control Officer's findings that formed the basis for the dog's classification as a dangerous dog or potentially dangerous dog;
C. The notice shall be dated and shall state that the owner, within fifteen (15) days after the date shown on the notice, has the right to request a hearing on the Animal Control Officer's determination that the dog is a dangerous dog or potentially dangerous dog;
D. The notice shall state that the hearing, if requested, shall be before the Animal Control Board;
E. The notice shall state that if a hearing is not requested, the Animal Control Officer's determination that the dog is a dangerous dog or a potentially dangerous dog will become effective for all purposes under this Section 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
F. The notice shall include a form to request a hearing before the Animal Control Board and shall provide specific instructions on mailing or delivering such request to Animal Control and will advise the owner that failure to appear at the requested hearing will be deemed a withdrawal of the appeal and consent to the classification.
4. When the Animal Control Board receives a timely request for a hearing, it shall schedule such hearing within thirty (30) days after receiving the request. Animal Control shall notify the dog owner in writing by certified mail of the date, time, and place of hearing, and such notice shall be mailed to the dog owner at least ten (10) 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 Board shall receive such other evidence and hear such other testimony as the Board may find reasonably necessary to make a determination either to sustain, modify or overrule the Animal Control Officer's classification of the dog.
5. Within ten (10) days after the date of the hearing, the Board 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.
c. Requirements for possessing dangerous or potentially dangerous dogs:
1. It is unlawful for an owner to have or possess within this County a dangerous dog or potentially dangerous dog without a Certificate of Registration issued in accordance with the provisions of this Section.
2. The Animal Control Officer shall issue a Certificate of Registration to the owner of such dog if the owner presents to the Animal Control Officer or the Animal Control Officer otherwise finds sufficient evidence of:
A. A proper enclosure to confine the dangerous dog or potentially dangerous dog;
B. The posting 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 which shall substantially conform to the design provided by the Georgia Department of Natural Resources:
C. A policy of insurance in the amount to be determined by the Animal Control Board, issued by the 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 a surety bond in an amount of to be determined by the Animal Control Board issued by a surety company authorized to transact business in this state payable to any person or persons injured by the dangerous dog.
3. The owner of a dangerous dog or potentially dangerous dog shall notify Animal Control within 24 hours if the dog is on the loose, is unconfined, has attacked a human, has died, or has been sold or donated. If the dog has been sold or donated, the owner shall also provide Animal Control with the name, address, and telephone number of the new owner of the dog.
4. The owner of a dangerous dog or potentially dangerous dog shall notify Animal Control if the owner is moving from the address shown on the registration and provide Animal Control with the new address. The owner of a dangerous dog or potentially dangerous dog who is a new resident of the county shall register the dog as required in this Section within thirty (30) days after being a resident.
5. The Animal Control Officer is authorized to make whatever inquiry is deemed necessary to ensure compliance with the provisions of this Section. Law Enforcement agencies of the municipalities and County shall cooperate with the Animal Control Officers in enforcing the provisions of this Section.
6. An annual fee, to be determined by the Animal Control Board, shall be charged to register dangerous dogs and potentially dangerous dogs as required in this section. Certificates of Registration shall be renewed on an annual basis. At the time of the annual renewal of a Certificate of Registration, the Animal Control Officer shall require evidence from the owner or make such investigation as may be necessary to verify that the dangerous or potentially dangerous dog is continuing to be confined in a proper enclosure and that the owner is continuing to comply with other provisions of this Ordinance.
7. Issuance of a Certificate of Registration or the renewal of Certificate of Registration by Haralson County does not warrant or guarantee that the requirements specified in 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.
d. Restrictions on permitting dangerous or potentially dangerous dogs to be outside proper enclosure.
1. It is unlawful for an owner of a dangerous dog to permit 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. 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 it from biting any person.
2. It is unlawful for the owner of a potentially dangerous dog to permit the dog to be outside a proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash or is under the physical restraint of a responsible person. 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 it from biting any person.
e. Confiscation of dogs; ground; disposition.
1. A dangerous dog shall be immediately confiscated by the Animal Control Officer or by a law enforcement officer or by another authorized by the Animal Control Officer if the:
A. Owner of the dog does not secure the liability insurance or bond;
B. Dog is not validly registered
C. Dog is not maintained in a proper enclosure; or
D. Dog is outside a proper enclosure in violation of subsection d.1.
2. A potentially dangerous dog shall be confiscated in the same manner as a dangerous dog if the dog is:
A. Dog is not validly registered;
B. Dog is not maintained in a proper enclosure; or
C. In the event the owner has not complied with the provisions of this Section within five (5) days of the date the dog was confiscated, said dog shall be destroyed in an expeditious and humane manner; provided however, upon allowing for good cause, the Director of Animal Control may extend said time, up to an additional fifteen (15) days, upon the payment by the owner of the per diem boarding costs and upon the payment of reasonable confiscation costs for said dog.
**State law reference--Dangerous Dog Control Law, O.C.G.A. & 4-8-20et seq.
Section 20 VICIOUS ANIMALS
The owner of any vicious animal other than a dangerous dog or potentially dangerous dog who does confine such animal in a building or secure enclosure or any person who shall release either willfully or through a failure to exercise due care or control such vicious animals or who takes such animal out of such building or secure enclosure in such a manner which is likely to cause injury to another person damage to the property of another person shall be in violation of this chapter, and the animal shall be permanently confined by the owner or humanely destroyed.
**State law reference--Liability of owner or keeper of vicious or dangerous animal for injuries caused by animal.
Section 21 PUBLIC AREAS
a. All animals must be kept on a leash when entering any public area.
b. The owner or the person in possession of the animal at the time of the incident shall be responsible for any destruction caused by the animal.
c. The owner or the person in possession of the animal at the time of the incident shall be responsible for the clean up of waste.
1. All waste from the animal shall be picked up and properly bagged and completely sealed.
2. The bagged waste shall be properly disposed of.
Section 22 FERRETS
European ferrets, mustela putorius furo, may be sold, purchased, exhibited, or held as a pet, provided that the ferret owner can provide valid documentation that the ferret was sexually neutered prior to seven (7) months of age and is vaccinated against rabies with a properly administered vaccine approved for use on ferrets by the United States Department of Agriculture.
**Code Reference--DNR rules and regulations for keeping ferrets.
Section 23 RABIES CONTROL
a. Any animal owner within
b. Every Veterinarian shall report promptly to the Haralson County Health Department and Animal Control all cases of rabies in animals treated by the veterinarian, giving the name and address of the owner and a complete description of the animal and history. Every Veterinarian shall also report the names and addresses of the owner of any animals bitten by the rabid animal, so far as known.
c. Any person who knows that an animal, domestic or wild, is rabid, or suspects and animal of having rabies, or knows that an animal has been bitten by a rabid animal, shall promptly report the information, to the extent known, to the Haralson County Health Department and Animal Control.
d. The Animal Control Department shall monitor animals confined or quarantined that are suspect of rabies after a human or animal exposure. Animal Control shall be responsible for the enforcement of the Georgia State Rabies Control regulations.
e. Animal Control shall seize any animal suspect of rabies, whose owner is unable to confine/quarantine as required by the Georgia Rabies Control Manual. All Boarding fees, veterinarian care fees, etc will be the responsibility of the animal's owner.
f. All rules and regulations of the Haralson County Board of Health and Georgia Department of Human Resources presently existing or as adopted in the future pertaining to rabies control and vaccination are incorporated herein by reference as though fully set forth in this ordinance.
**State law reference--Animal bites, O.C.G.A. & 31-19-4
Section 24 ANIMAL CONTROL BOARD
There is hereby established an Animal Control Board:
a. Structure of the Board consists of the following:
1. Representative of the Haralson County Health Department
2.
3. One person from appointed by the
b. Quorum shall consist of two (2) representatives of the Board.
Section 25 UNCLAIMED ANIMALS/ADOPTION OF ANIMALS
a. After a minimum of three (3) days any animal unclaimed by its owner, after such owner has been notified, if owner is known, of the impoundment of such animal or after all requirements of notification under this Ordinance have been met where the owner is not known, shall be placed for adoption or humanely destroyed.
b. The Animal Control Director has the right to deny/refuse any adoption at his/her discretion.
c. The Animal Control Director shall determine adoption fees.
d. Unclaimed animals shall not be released to laboratories for experimentation or similar organizations for similar purposes.
Section 26 SALES OF ANIMALS
The Animal Control unit shall have the exclusive right to sell livestock, including, but not limited to: bovine, equine, swine, goats, etc and exotic birds not redeemed pursuant to Section 18. The Animal Control unit shall make all such sales to the highest responsible bidder, either by sealed bids or by auction after due notice has been given. The Animal Control unit shall have the right to reject any and all bids or cancel any proposed sale. The Animal Control unit shall cause notice to be published once in the official legal organ of the county not less than fifteen (15) days nor more than sixty (60) days preceding the day of the auction, or if the sale is by sealed bids, preceding the last day for the receipt of proposals. The legal notice shall include a description of the animals to be sold. If the sale is by sealed bids, the notice shall also contain an invitation for proposals and shall state the conditions of the proposed sale: The address at which bid blanks and other written materials connected with the proposed sale may be obtained; and the date, time and place for the opening bids. If the sale is by auction, the notice shall also contain the conditions of the proposed sale and shall state the date, time and place of the proposed sale. Bids received in connection with a sale by sealed bidding shall be opened in public at the time and place stated in the legal notice. A tabulation of all bids received shall be available for public inspection following the opening of all bids. All bids shall be retained and kept available for public inspection for a period of not less than sixty (60) days from the date on which such bids are opened. All proceeds from these sales shall be deposited into an animal control revenue account and will be used for activities approved by a majority of the Animal Control Board. The account shall be subject to audit.
**State reference--Georgia Horse Protection Act
Section 27 STERILIZATION OF DOGS AND CATS
PLACED FOR ADOPTION
a. Every Sexually mature dog or cat placed for adoption by the Animal Shelter or a humane society shall be sterilized by a licensed veterinarian within thirty (30) days of the acquisition of such animal in the case of an adult animal or within thirty (30) days of the sexual maturity of the animal in the case of an immature animal.
b. All cost of sterilization incurred by the Animal Shelter or a humane society shall be included in any fees charged by the Animal Shelter or humane society for such animal.
c. Every person adopting a dog or cat shall enter into a written agreement at the time of the adoption with the Animal Shelter or humane society guaranteeing that sterilization will be performed by a licensed veterinarian within thirty (30) days after the acquisition of such animal in the case of an adult animal or within thirty (30) days of the sexual maturity of the animal in the case of an immature animal.
d. Any person acquiring an animal from the Animal Shelter or humane society, which animal is not sterile at the time of acquisition, shall submit to the Animal Shelter or humane society a signed statement from the licensed veterinarian performing the sterilization required by subsection c. of this Section within seven (7) days after such sterilization attesting that such sterilization has been performed.
e. The Animal Shelter or humane society shall maintain and furnish to any person acquiring an animal a current list of veterinarians who have notified the Animal Shelter or humane society that they are willing to perform sterilization and the cost of such procedures.
**State Law reference--Sterilization of dogs and cats required; exceptions; costs. O.C.G.A. 4-14-3
Section 28 COMPLIANCE WITH
All Georgia State Laws regarding animals shall be complied with, including, but not limited to:
a. Georgia Animal Cruelty Criminal Provisions O.C.G.A. 16-12-4
b. Georgia Animal Protection Act O.C.G.A. 4-11-1 through 4-11-17
c. Rules of
d. Chapter 40-13-12 Bird Dealers Licensing
e. Chapter 40-13-13 Animal Protection
f. Georgia Rabies Control Manual
Section 29 COMPLAINTS
All complaints received by the Animal Control Department are handled on a first come, first serve basis. An emergency, of course, will be handled before any leash law violations or noise complaints, and then we will go back to the call that was before the emergency call. All complaints taken via phone, e-mail, in person or in writing must contain the complainants name, address, phone number, animal location, time and date of incident and a description of said animal.
Section 30 RECORDS
It shall be the responsibility and duty of the Animal Control Department to keep, or cause to be kept accurate and detailed records of the impoundment and disposition of all animals coming into its custody.
Section 31 ENFORCEMENT
a. Enforcement responsibility. Animal Control Officers and law enforcement officers of the various jurisdictions within the County shall be enforcement officials for this Ordinance. Their officials shall have the authority to act on behalf of the County and the participating municipalities and the Animal Control Board in investigating complaints, impounding and destroying animals, issuing citations and taking other lawful action as required to enforce the provisions of this Ordinance.
b. Interference. No person shall interfere with, hinder, or molest the Animal Control Department or any other officer in the performance of his/her duties. No person shall seek to release any animal in the custody of the Animal Control Department, except as herein provided.
c. Right of Entry.
1. The Animal Control Officers and the appropriate enforcement officers of the county are hereby authorized to enter upon any premises or parcel of land for the purpose of seizing and impounding any animal found therein or thereon to be in violation of this chapter, including, but not limited to, an animal that has bitten a person within ten (10) days of the biting incident.
2. The Animal Control Department may use any force necessary to remove any animal locked in a closed vehicle between the dates of May first and October first. The operator of the vehicle will be charged with cruelty to animals as defined in this document. No injunction or claim for damages may be placed against the Animal Control Department or its officers for this action.
d. Summons. Representatives of the Animal Control Department and appropriate law enforcement officers are hereby authorized to issue a citation to any person for violation of any section within this document. The citation shall be in a form approved by the County Magistrate Court, shall designate the offense charged and shall require the person so charged to appear before the County Magistrate Court on a date certain to answer all charges therein.
e. Equipment. The Animal Control Department is authorized to employ any equipment it deems necessary to enforce the provisions of this chapter, including, but not limited to, humane wire box traps, and the Animal Control Department may, subject to conditions it may determine, lend such traps or other equipment to private persons for the purpose of preventing nuisances resulting from animals at large.
f. Appeals. Any person who files an appeal but who, after receipt of notice of the hearing, fails to appear at said hearing shall be deemed to have abandoned the appeal and the decision of the Animal Control Officer shall be affirmed.
1. The owner filing an appeal shall pay the additional daily boarding fees as established in this Ordinance. Failure to pay the fees and costs assessed against the owner, if affirmed by the Board, shall constitute an abandonment of any claim to the animal and will result in the animal being placed for adoption or euthanized.
g. Final Decisions. All decisions of the Animal Control Board are final.
Section 32 FEE SCHEDULE
A fee schedule shall be determined and amended as needed by the
Section 33 APPEALS
a. Any person aggrieved by any decision of an Animal Control Officer or other enforcement officer as it pertains to the classification of a dog, confiscation of a vicious dog, requirements for maintaining wild or exotic animals or the calculation of costs, may appeal the same to the Animal Control Board* by filing an appeal with the Board, on forms furnished by Animal Control within five (5) days of receiving notice of the decision.
b. Any person who files an appeal but who, after receipt of notice of the hearing, fails to appear at said hearing, shall be deemed to have abandoned the appeal and the decision of the Animal Control Officer shall be affirmed.
c. The owner filing an appeal shall pay the additional daily boarding fees as established in this Ordinance. Failure to pay the fees and cost assessed against the owner, if affirmed by the board, shall constitute an abandonment of any claim to the animal and will result in the animal being placed for adoption or euthanized.
d. All decisions of the Board are final.
LIMITS
a. All owners of dogs within the city which are not dangerous dogs or potentially dangerous dogs shall keep such dogs under control at all times, and shall prevent the dogs from doing any of the following acts, each of which is declared to be a public nuisance:
1. Running at large and unconfined by a leash not exceeding eight feet in length upon any public street, sidewalk, or public area in any portion of the city.
2. Entering any church, community house, parish premises, city building, public hall, county building, city pool premises, bank building, automobile gasoline station, public garage, grocery, meat market, bakery, or other retail store or shop; provided, however, the owner or operator of any business may keep his/her own dog on the premises of the business.
3. Going upon or being upon any private or public school premises or grounds during the hours in which school is in session or school activities are taking place.
4. Jumping upon any person to the injury of such person.
5. Chasing motor vehicle or bicycle on a public or private street or sidewalk.
6. Damaging or destroying private property, including, but not limited to trash or garbage containers, gardens, shrubbery, and lawns, of any person other than the owner of the dog.
7. Barking or howling so as to subsequently disturb the quiet of any person.
8. Running at large of a female dog in heat, whether or not licensed.
b. Municipalities may strengthen or add to this Section.
c. Citations and appeals shall be conducted in the city's, where the violation occurred, municipal court.
Section 35 VIOLATIONS AND PENALTIES
a. It shall be a violation of this Ordinance to:
1. Fail to comply with any provision of this Ordinance;
2. Fail to comply with any lawful order of an Animal Control Officer or law enforcement officer unless such order is lawfully stayed or reversed; or
3. Fail to pay costs imposed by the Animal Control Officer unless payment thereof is lawfully stayed.
b. Any person who violates any provision of this Ordinance or who fails to do anything required by this Ordinance as the same exists or as it may hereafter be amended shall be guilty of a misdemeanor, amenable to the process of the Magistrate Court of Haralson County and, upon conviction, shall be punished by a fine, not to exceed the statutory limits of the State of Georgia, to be determined by the Haralson County Board of Commissioners, or by confinement in the county jail not to exceed sixty (60) days, or both, in the discretion of the Court. In lieu of, or in addition to, any fine or incarceration, the Court as punishment for a violation of this ordinance may order community service. Said community service shall be not less than 20 hours, but not more than 250 hours, which must be performed within one year from the date of conviction for a violation of this Ordinance. Any person placed on community service, or otherwise placed on probation, for violation of this Ordinance, shall pay such supervisory fees as may be authorized by law. If a violation continues, each day's violation shall be deemed a separate offense.
Section 36 REMEDIES
In the event any provision of this Ordinance has been violated or is being violated, in addition to any other remedies, the County may institute injunction, mandamus, or other appropriate action or proceeding to prevent or abate such violation.
Section 37 SEVERABILITY
If any paragraph, subparagraph, sentence, clause, phrase or any portion of this Ordinance be declared invalid or unconstitutional by a court of competent jurisdiction, or if any provision of any part of this Ordinance as applied to any particular situation or set or circumstances be declared invalid, or unconstitutional, such invalidity shall not be construed to affect the portions of this Ordinance not so held to be invalid, or the application of this Ordinance or other circumstances not so held to be invalid. It is hereby declared to be the intent of the Board of Commissioners to provide for separate able and devisable parts and they do hereby readopt any and all parts hereof as may be held invalid for any reason.
Section 38 REPEALER
All ordinances and regulations in conflict with this ordinance shall be hereby repealed.
BE IT FURTHER RESOLVED, by said Governing Authority, that this Resolution shall be effective upon its adoption and included as part of the general ordinances of
HARALSON
_________________________ ________________________
H. Allen Poole, Chairman, CEO Eric Robinson, Vice-Chairman
_________________________ ________________________
Jimmy M. Smith, District #2 Vance Posey, District #3
________________________
Sammy Robinson, District #4
ATTEST: SEAL:
________________________
Joni Holcombe,