Statute in Full:
Lincoln County, Georgia
Savannah, Georgia
Lincoln County, Georgia
Code of Lincoln County Georgia
CODE OF LINCOLN COUNTY, GEORGIA Codified through Ordinance of Oct. 14, 2004. (Supplement No. 1)
Chapter 14 ANIMALS*
ARTICLE II. DOGS
DIVISION 1. GENERALLY
Secs. 14-31--14-50. Reserved.
ARTICLE II. DOGS
DIVISION 2. DANGEROUS DOGS
Sec. 14-51. Short title.
Sec. 14-52. Definitions.
Sec. 14-53. Jurisdiction; designation of dog control officer.
Sec. 14-54. Animal control board created.
Sec. 14-55. Identification of dangerous dogs.
Sec. 14-56. Notification to owner of dangerous or potentially dangerous dog; hearing on determination.
Sec. 14-57. Certificate of registration required; insurance; sale of dog; compliance; fees.
Sec. 14-58. Notification to dog control officer of moving from jurisdiction.
Sec. 14-59. Muzzle and restraint required.
Sec. 14-60. Confiscation of dangerous dogs.
Sec. 14-61. Violation and liability.
Sec. 14-62. Magistrate court to have jurisdiction and power.
ARTICLE II. DOGS
DIVISION 1. GENERALLY
Secs. 14-31--14-50. Reserved.
DIVISION 2. DANGEROUS DOGS
Sec. 14-51. Short title.
This division shall be known and may be cited as the "Dangerous Dog Control Ordinance."
(Ord. No. 19, § 1, 4-4-1989)
Sec. 14-52. Definitions.
(a) The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Dangerous dog means any dog that, according to the records of an appropriate authority:
(1) Has without provocation inflicted severe injury on a human being on public or private property; or
(2) Aggressively bites, attacks, or endangers the safety of humans without provocation after the dog has been classified as a potentially dangerous dog and after the owner has been notified of such classification.
Dog control officer means an individual selected by the governing authority pursuant to the provisions of O.C.G.A. § 4-8-22(c), to aid in the administration and enforcement of the provisions of this division.
Owner means any natural person or any legal entity, including, but not limited to, a corporation, partnership, firm, or trust owning, or possessing, harboring, keeping, or having custody or control of a dangerous dog or potentially dangerous dog within this county.
Potentially dangerous dog means any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to otherwise threaten the safety of human beings or any dog that when unprovoked:
(1) Inflicts bites on a human being on public or private property; or
(2) Chases or approaches a human being upon the streets, sidewalks, or any public grounds in a vicious or terrorizing manner in an apparent attitude of attack.
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 a fence, all sides of the fence shall be of sufficient height and the bottom of the fence shall be constructed or secured in such a manner as to prevent the dog's escape either from over or from under the fence. Any such enclosure shall also provide protection from the elements for the dog.
Records of an appropriate authority means records of any state, county, or municipal law enforcement agency; records of any county or municipal animal control agency; records of any county board of health; records of any federal, state, or local court; or records of a dog control officer provided for in this division.
Severe injury means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery or a physical injury that results in death.
(b) A dog that inflicts an injury upon a person when the dog is being used by a law enforcement officer to carry out the law enforcement officer's official duties shall not be a dangerous dog or potentially dangerous dog within the meaning of this division. A dog shall not be a dangerous dog or a potentially dangerous dog within the meaning of this division if the injury inflicted by the dog was sustained by a person who, at the time, was committing a willful trespass or other tort or was tormenting, abusing, or assaulting the dog or had in the past been observed or reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime.
(Ord. No. 19, § 2, 4-4-1989)
Sec. 14-53. Jurisdiction; designation of dog control officer.
(a) Except as otherwise provided by subsection (b) of this section, the county's jurisdiction for the enforcement of this division shall be the unincorporated area of the county.
(b) The county may contract with the City of Lincolnton or any other municipality or local government for joint dog control services or for the provision of dog control services.
(c) The board of commissioners shall designate an individual to carry out the duties of a dog control officer as provided in this division. One individual may carry out the duties of a dog control officer for more than one local government pursuant to a contract or agreement under subsection (b) of this section. The board of commissioners may assign the additional duties of dog control officer to any officer or employee of the county who is subject to the jurisdiction of the county. With the consent of the sheriff, the county may assign the additional duties of dog control officer to the county sheriff or to a sheriff's deputy. A person carrying out the duties of a dog control officer shall not be authorized to make arrests unless the person is a law enforcement officer having the powers of arrest.
(d) The county may provide by ordinance or resolution for the creation of an animal control board to hold hearings provided for in O.C.G.A. § 4-8-24.
(e) In lieu of conducting the hearings required by O.C.G.A. § 4-8-24, or creating an animal control board for such purpose as provided in subsection (d) of this section, the board of commissioners is authorized to designate the local board of health within the jurisdiction of the county to conduct such hearings. Any board so designated is authorized and shall have jurisdiction to conduct such hearings and determine matters provided for in O.C.G.A. § 4-8-24.
(Ord. No. 19, § 3, 4-4-1989)
Cross references: Officers and employees, § 2-201 et seq.
Sec. 14-54. Animal control board created.
There is hereby created an animal control board consisting of five members, with one member residing in each of the commissioner districts, to be appointed by each county commissioner of Districts 1, 2, 3 and 4, and the fifth member to be appointed from the county at large by the chair of the board of commissioners; the members are to be appointed for terms of four years ending on December 31 of the years of Presidential elections; to conduct hearings as required by section 14-53(d).
(Ord. No. 20, § 2, 4-4-1989)
Cross references: Other boards and commissions, § 2-141 et seq.
Sec. 14-55. Identification of dangerous dogs.
(a) Each dog control officer shall make such investigations and inquiries as may be necessary to identify dangerous dogs and dangerous dog owners within the dog control officer's jurisdiction.
(b) When a dog control officer classifies a dog as a dangerous dog or reclassifies a potentially dangerous dog as a dangerous dog, the dog control officer shall notify the dog's owner in writing by certified mail or statutory overnight delivery to the owner's last known address of such a classification or reclassification. Such notice shall be complete upon its mailing.
(Ord. No. 19, § 4, 4-4-1989)
Sec. 14-56. Notification to owner of dangerous or potentially dangerous dog; hearing on determination.
(a) As applied to the owners of potentially dangerous dogs, the procedures provided for in this section must be carried out as a necessary condition for the enforcement of the provisions of this division 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 division.
(b) When a dangerous dog or a potentially dangerous dog is classified as such, the dog control officer shall notify the dog's owner of such classification.
(c) The notice to the owner shall meet the following requirements:
(1) Be in writing and mailed by certified mail or statutory overnight delivery to the owner's last known address;
(2) Include a summary of the dog control officer's findings that formed the basis for the dog's classification as a dangerous or potentially dangerous dog;
(3) Be dated and shall state that the owner, within 15 days after the date shown on the notice has a right to request a hearing on the dog control officer's determination that the dog is a dangerous dog or potentially dangerous dog;
(4) State that the hearing, if requested, shall be before the board of commissioners, the board of health, or the animal control board of the county, and shall specify the name of the applicable agency which will conduct the hearing;
(5) State that if a hearing is not requested, the dog control officer's determination that the dog is a dangerous dog or a potentially dangerous dog will become effective for all purposes under this division on a date specified in the notice, which shall be after the last day on which the owner has a right to request a hearing; and
(6) Include a form to request a hearing before the applicable agency and shall provide specific instructions on mailing or delivering such request to the agency.
(d) When the board of commissioners, animal control board, or local board of health, whichever is applicable, receives a request for a hearing as provided in subsection (c) of this section, it shall schedule such hearing within 30 days after receiving the request. The board shall notify the dog owner in writing by certified mail or statutory overnight delivery of the date, time, and place of the hearing, and such notice shall be mailed to the dog owner at least ten days prior to the date of the hearing. At the hearing, the owner of the dog shall be given the opportunity to testify and present evidence and in addition thereto the 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 dog control officer's classification of the dog.
(e) Within ten days after the date of the hearing, the board shall notify the dog owner in writing by certified mail or statutory overnight delivery 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 which that determination is effective.
(Ord. No. 19, § 5, 4-4-1989)
Sec. 14-57. Certificate of registration required; insurance; sale of dog; compliance; fees.
(a) 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 of this division.
(b) Subject to the additional requirements of subsection (c) of this section for dangerous dogs, the dog control officer shall issue a certificate of registration to the owner of a dangerous dog or a potentially dangerous dog, if the owner presents to the dog control officer or the dog control officer otherwise finds sufficient evidence of:
(1) A proper enclosure to confine the dangerous dog or potentially dangerous dog; and
(2) The posting 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 and containing a symbol designed to inform children of the presence of a dangerous dog.
(c) In addition to the requirements of subsection (b) of this section, the owner of a dangerous dog shall present to the dog control officer evidence of:
(1) A policy of insurance in the amount of at least $15,000.00 issued by an insurer authorized to transact business in this state insuring the owner of the dangerous dog against liability for any personal injuries inflicted by the dangerous dog; or
(2) A surety bond in the amount of $15,000.00 or more issued by a surety company authorized to transact business in this state payable to any person injured by the dangerous dog.
(d) The owner of a dangerous dog or potentially dangerous dog shall notify the dog control officer within 24 hours if the dog is on the loose, is unconfined, has attacked a human, has died, or has been sold or donated. If the dog has been sold or donated, the owner shall also provide the dog control officer with the name, address, and telephone number of the new owner of the dog.
(e) A dog control officer is authorized to make whatever inquiry is deemed necessary to ensure compliance with the provisions of this division. Law enforcement agencies of the county and the sheriff shall cooperate with dog control officers in enforcing the provisions of this division.
(f) The county may charge an annual fee, in addition to regular dog licensing fees, to register dangerous dogs and potentially dangerous dogs as required in this section.
(Ord. No. 19, § 6, 4-4-1989)
Sec. 14-58. Notification to dog control officer of moving from jurisdiction.
(a) The owner of a dangerous dog or potentially dangerous dog shall notify the dog control officer if the owner is moving from the dog control officer's jurisdiction. The owner of a dangerous dog or potentially dangerous dog who is a new resident of the state shall register the dog as required in this division within 30 days after becoming a resident. The owner of a dangerous dog or potentially dangerous dog who moves from one jurisdiction to another within the state shall register the dangerous dog or potentially dangerous dog in the new jurisdiction within ten days after becoming a resident.
(b) Issuance of a certificate of registration or the renewal of a certificate of registration by the county does not warrant or guarantee that the requirements specified in section 14-57(b) and (c) 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.
(c) Certificates of registration shall be renewed on an annual basis. At the time of the annual renewal of a certificate of registration, a dog control officer shall require evidence from the owner or make such investigation as may be necessary to verify that the dangerous dog or potentially dangerous dog is continuing to be confined in a proper enclosure and that the owner is continuing to comply with other provisions of this division.
State law references: Similar provisions, O.C.G.A. § 4-8-25.
Sec. 14-59. Muzzle and restraint required.
(a) 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.
(b) 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 restrained by a substantial chain or leash and is under the restraint of a responsible person.
(Ord. No. 19, § 7, 4-4-1989)
Sec. 14-60. Confiscation of dangerous dogs.
(a) A dangerous dog shall be immediately confiscated by the dog control officer or by a law enforcement officer or by another person authorized by the dog control officer if the:
(1) Owner of the dog does not secure the liability insurance or bond required by section 14-57(c);
(2) The dog is not validly registered as required by section 14-57(b) of this division;
(3) The dog is not maintained in a proper enclosure; or
(4) The dog is outside a proper enclosure in violation of section 14-59(a).
(b) A potentially dangerous dog shall be confiscated in the same manner as a dangerous dog if the dog is:
(1) Not validly registered as required by section 14-57;
(2) Not maintained in a proper enclosure; or
(3) Outside a proper enclosure in violation of section 14-59(b).
(c) Any dog that has been confiscated under the provisions of subsection (a) or (b) of this section shall be returned to its owner upon the owner's compliance with the provisions of this division and upon the payment of reasonable confiscation costs. If the owner has not complied with the provisions of this division within 20 days of the date the dog was confiscated, the dog shall be destroyed in an expeditious and humane manner.
(Ord. No. 19, § 8, 4-4-1989)
Sec. 14-61. Violation and liability.
(a) The owner of a dangerous dog who violates the applicable provisions of section 14-57 or 14-59 or whose dangerous dog is subject to confiscation under section 14-60(a) shall be guilty of a misdemeanor of high and aggravated nature, and punished in the manner provided by general law and assessed costs not to exceed $30.00.
(b) The owner of a potentially dangerous dog who violates the applicable provisions of section 14-57 or 14-59 whose potentially dangerous dog is subject to confiscation under section 14-60(b) shall be guilty of a misdemeanor and shall be punished as provided by general law and assessed costs not to exceed $30.00.
(c) No owner of a dangerous dog shall be held criminally liable under this division for injuries inflicted by the owner's dog to any human being while on the owner's property.
(Ord. No. 19, § 9, 4-4-1989)
Sec. 14-62. Magistrate court to have jurisdiction and power.
The magistrate court of the county shall have jurisdiction and power of this division pursuant to general law as provided in O.C.G.A. § 15-10-2(4), and shall further have jurisdiction and power of punishment for violations of this division as provided in O.C.G.A. §§ 4-8-28 and 15-10-60, plus costs.
(Ord. No. 19, § 10, 4-4-1989)
Savannah, Georgia
CODE OF ORDINANCES
City of SAVANNAH, GEORGIA Codified through Ordinance of Dec. 12, 2002(6). (Republication)
Part 9 OFFENSES*
CHAPTER 5. ANIMALS*
ARTICLE A. IN GENERAL
ARTICLE B. DOGS GENERALLY
ARTICLE C. DANGEROUS DOGS
CHAPTER 5. ANIMALS*
__________
*Cross references: Animals in international airport, § 4-7202; horse-drawn carriages for hire, § 6-1561 et seq.
State law references: Dogs, O.C.G.A. § 4-8-1 et seq.; dead animals, O.C.G.A. § 4-5-1 et seq.; rabies, O.C.G.A. § 31-19-1 et seq.
__________
ARTICLE A. IN GENERAL
Sec. 9-5001. Livestock and fowl not to run at large or be kept in public place.
It shall be unlawful for the owner of any livestock or domestic fowl to permit the same to run at large within the corporate limits of the city or to keep the same in any manner in any street or other public place.
(Code 1977, § 9-5001)
Sec. 9-5002. Keeping of hogs prohibited.
It shall be unlawful for any person to retain or keep hogs within the corporate limits of the city.
(Code 1977, § 9-5002)
Sec. 9-5003. Protection of birds.
The entire area embraced within the corporate limits of the city is hereby designated as a bird sanctuary; and it shall be unlawful to trap, hunt, shoot or attempt to shoot or molest in any manner any bird or wild fowl or to rob bird nests or wild fowl nests in such sanctuary; provided, however, that if pigeons, starlings or similar birds are found to be congregating in such numbers in a particular locality that they constitute a nuisance or a menace to health or property in the opinion of the proper health authorities of the city, such health authorities shall meet with representatives of the Audubon Society, Bird Club, Garden Club or Humane Society, or as many of such clubs as are found to exist in the city, after having given at least three days' actual notice of the time and place of such meeting to the representatives of the clubs. If, as a result of such meetings, no satisfactory alternative is found to abate such nuisance, then such birds may be destroyed in such numbers and in such manner as is deemed advisable by the health authorities, under the supervision of the police chief.
(Code 1977, § 9-5003)
Sec. 9-5004. Keeping of animals; sanitation.
Any housing or enclosure used for the keeping of animals or fowl shall be well-drained, free from accumulations of animal excrement and objectionable odors, and otherwise clean and sanitary. Animal excrement shall be disposed of in a manner approved by the health officer.
(Code 1977, § 9-5004)
Sec. 9-5005. Distance of animal enclosures from buildings.
(a) Any enclosure used for the keeping of animals or fowl outside of a building, except at a property with a State of Georgia kennel license, shall be kept at the following minimum distances from any occupied building, except the dwelling unit of the owner, unless the permission of the occupant of the adjacent building and the health officer was given for a lesser distance prior to January 1, 2000:
[(1) Animal and fowl distance:]
One or more mules, cattle, sheep, goats and similar animals, 100 feet.
Four or more dogs over 90 days old, 100 feet.
Five or more rabbits, guinea pigs, hamsters and similar animals, 100 feet.
Five or more fowl, 100 feet.
Stray dogs kept on a temporary basis are not to be included in the limitation until they have been kept for 90 days.
(2) Horse stables (not enclosures or fences) shall be a minimum of 50 feet from any occupied building except the dwelling unit of the owner unless the owner of the adjacent building and the health officer give permission for a lesser distance.
(b) Animals and fowl not specifically mentioned in this chapter shall be kept at minimum distances deemed reasonable and necessary by the health officer.
(c) In case of bona fide licensed pet shops, veterinary hospitals, stockyards, poultry farms, and similar commercial establishments, the health officer may modify these requirements where undue hardship would result from their strict enforcement.
(Code 1977, § 9-5005; Ord. of 12-16-1999)
Sec. 9-5006. Nuisances.
The owner of animals and fowl shall be responsible for correcting or abating any nuisance that may arise from the keeping thereof.
(Code 1977, § 9-5006)
Cross references: Nuisances, § 9-2001 et seq.
Sec. 9-5007. Definitions.
The following definitions shall apply in the interpretations and enforcement of this chapter:
(1) Animals. Animals shall mean horses, ponies, mules, cattle, sheep, goats, swine, dogs, rabbits, guinea pigs, hamsters and similar animals.
(2) Fowl. Fowl shall mean chickens, turkeys, geese, ducks, pigeons, and similar fowl.
(3) Housing. Housing shall mean any building, shed, cage, pen or similar structure used for the housing of animals and fowl.
(4) Enclosures. Enclosures shall mean any uncovered, enclosed parcel of land where animals or fowl are kept.
(5) Nuisances. Nuisances shall mean whatever is dangerous or detrimental to human life or health and whatever renders or tends to render soil, air, water, or food impure or unwholesome.
(6) Person. Person means any person, firm, partnership, corporation, association or agency.
(7) Health officer. Health officer shall mean the commissioner of health of the County of Chatham or his authorized representative.
(Code 1977, § 9-5007)
Sec. 9-5008. Penalties.
Any person violating any of the provisions of sections 9-5004 through 9-5007 shall, upon conviction before the municipal court and/or the judge thereof or other court having jurisdiction thereof, be fined not less than $1.00 or exceeding $100.00, or imprisoned for a term not exceeding 30 days, either or both, in the discretion of the court trying such person.
(Code 1977, § 9-5008)
Sec. 9-5009. Dead animals--Report to department of public services.
It is hereby made the duty of all persons in the city losing an animal by death or having a dead animal on his premises to report the same to the bureau of public services within two hours after its death, which report shall specify where the animal may be found.
(Code 1977, § 9-5009)
State law references: Dead animal disposal act, O.C.G.A. § 4-5-1 et seq.
Sec. 9-5010. Same--Removal.
It is hereby made the duty of the bureau of public services, without delay, to remove from the city all dead animals which may be brought to its attention or reported, and to dispose of the same as required by law or the proper corporate authority.
(Code 1977, § 9-5010)
Sec. 9-5011. Same--Deposit in streets, lanes, etc.
It shall be unlawful for any person to throw or put into the streets, lanes, squares or commons within or without the city any dead animal.
(Code 1977, § 9-5011)
Sec. 9-5012. Keeping of bees--Restricted.
That no person shall establish, possess or maintain any hive or swarm of bees for any purpose whatsoever other than as expressly provided herein.
(Code 1977, § 9-5012)
Sec. 9-5013. Same--City manager to issue permit.
Any nonprofit corporation, association, institution or agency of government, including any officer, employee or agent of such person, shall be excepted from the prohibition specified in section 9-5012 above with regard to possessing, establishing, or maintaining a hive of bees when the same is for the purpose of education or scientific research and provided that an application is submitted to the city manager for the issuance of a permit to engage in such activity on such application form as prepared by the city manager and upon approval of such application and obtaining a permit for such purpose from the city manager. Such application shall require in addition to other information as specified by the city manager the purpose of the proposed activity and the physical and protective characteristics that will ensure the control and isolation of any hive of bees from causing any danger to the general public and property owners adjacent to the applicant. The city manager shall specify the duration of such permit, not to exceed 12 months.
(Code 1977, § 9-5013)
Secs. 9-5014--9-5020. Reserved.
ARTICLE B. DOGS GENERALLY
Sec. 9-5021. Vaccination and registration of dogs and cats.
(a) Definitions. The following definitions shall apply in the interpretation and enforcement of this article, and the following words shall have the following meanings:
(1) Cat. The word "cat" shall mean all felines of either sex, whether vaccinated against rabies or not vaccinated.
(2) Dog. The word "dog" shall mean dog, animal or all canines of either sex, whether vaccinated against rabies or not vaccinated.
(3) Rabies certificate. The word "rabies certificate" shall mean a certificate signed by a licensed veterinarian bearing a license number, ownership, name, address, breed, color and sex of dog or cat, which certificate shall be issued for each dog or cat vaccinated. The date of last vaccination of such dog or cat shall be clearly stated on such certificate, and a copy of such certificate is to be sent by the veterinarian to the city's designated animal control center.
(4) Vaccination and license tag. The word "vaccination and license tag" shall mean a metal tag issued by authority of the City of Savannah and also a license or serial number to show that such dog or cat has been vaccinated as required by this article.
(5) Vaccinate or inoculate. The word "vaccinate" or "inoculate" shall mean the injection into the body of a dog or cat of an approved antirabies vaccine prescribed by the State of Georgia, such vaccine having a U.S. government license number approval stamped on the label of the vaccine container and which vaccine has been approved by the health department. Vaccine used for vaccination of dogs or cats against rabies shall have been refrigerated and kept under proper conditions showing no signs of spoilage or otherwise being unfit for producing immunity against rabies.
(6) Veterinarian. The word "veterinarian" shall mean any person who has received a doctor's degree in veterinary medicine from a school of veterinary medicine and holds license to practice the profession of veterinary medicine in the State of Georgia; the number of the aforesaid veterinary license shall be the same as that recorded by the Georgia State Board of Veterinary Examiners.
(b) Vaccination and licensing required. It shall be unlawful for any person to own, keep, maintain or harbor any dog or dogs or cat or cats three months of age or older without first having the dog or dogs or cat or cats vaccinated against rabies and obtaining from the city's designated animal control center for each dog or cat the vaccination and license tag and the rabies certificate described in subsection (a) above. Such license tag is to be obtained either in person or by mail for each dog or cat from the animal control center within 30 days of such animal's annual inoculation. Any license not acquired and paid for within 30 days of such animal's annual inoculation shall thereafter be assessed an additional $4.00 per license as a penalty charge.
(c) When vaccination required; term of license. All dogs and cats which have become three months of age and all dogs and cats over three months of age shall be vaccinated against rabies, and their owners shall obtain a license for such dogs or cats every 12 months following the original vaccination and licensing of these dogs or cats.
(d) Tag to be attached; number of rabies certificate; term.
(1) Every dog or cat which has received a rabies vaccination as set forth in subsection (a) above shall have attached to a collar around its neck a vaccination and license tag described in subsection (a) above.
(2) The rabies certificate shall bear a license number identified with that of the tag attached to the collar of the dog or cat. Both certificate and tag will expire one year from date of issue.
(e) Fees. The veterinarian's fee for the vaccination of a dog or cat shall be set by each individual licensed veterinarian of the State of Georgia. A license tag will be issued in exchange for a $4.00 fee, which will be collected by the animal control center from the owner of each dog or cat who has received the antirabies vaccine and rabies certificate.
(f) Kennel license. The fee for obtaining a license known as kennel license shall be $30.00, and this license shall only be issued to kennel owners keeping, breeding or maintaining ten or more dogs or cats that at the time of issuance of the license have reached the age of three months or over, and after each dog or cat therein has been vaccinated for rabies by a licensed veterinarian. All dogs or cats in the custody of or in the care of kennel owners or operators and not being the legal property of the kennel operator shall be inoculated and tagged.
(g) Revaccination. Where a license has been issued following vaccination, the owner of the dog or dogs or cat or cats shall be exempt from paying a late fee provided the revaccination and license are acquired on or before the expiration date on the certificate for animal rabies vaccination issued by a licensed veterinarian.
(h) Puppies and kittens not to run at large. Dogs or cats less than three months of age shall be confined to their owner's premises and not allowed to run at large.
(i) Only licensed veterinarians to vaccinate; inferior vaccinations.
(1) No person shall be allowed to vaccinate dogs or cats against rabies who is not licensed to practice veterinary medicine in the State of Georgia.
(2) A veterinarian or any person having vaccinated dogs or cats against rabies with inferior vaccines or any drugs, biologic, chemical or material, which is not specified in this chapter or that has not been approved by the health department, or who violates any provision of this chapter in whole or in part shall not be permitted to vaccinate dogs or cats against rabies.
(j) Exemptions. Dogs or cats entering the City of Savannah from outside the city only for the purpose of performing or temporary stay not exceeding 14 days and kept under direct control of their owners or handlers are exempt from the license or vaccination requirements of this article.
(k) Time limitation on obtaining license. Except as provided by subsection (b) above, it shall be the duty of all persons owning or having possession of a dog or cat brought into the City of Savannah from without the city to have the dog or cat vaccinated and to obtain the vaccination tag and the rabies certificate required by this article within a period of 14 days from the date of such entry.
(l) Impoundment of unlicensed, unvaccinated dogs or cats. Any dog or cat found within the city not wearing or displaying a valid, current vaccination tag and not confined within a fence on the premises of the owner with all gates and openings closed shall be immediately impounded, quarantined or otherwise disposed of as required by this chapter [article]. Any dog or cat found within the City of Savannah not vaccinated as required by this chapter within the previous 12 months shall likewise be impounded, quarantined or otherwise disposed of as required by this chapter [article].
(m) Rabies cases to be reported.
(1) All animals, such as dogs, cats, horses, cattle, mules, goats, foxes, swine, raccoons and other animals of like species, showing symptoms of or having rabies within the City of Savannah shall be immediately reported to the Chatham County Health Department, the animal control center, or Chatham County Humane Shelter by the owner or the person having custody or any citizen having knowledge of these facts. It shall be the duty of every person having this knowledge to make immediately this report.
(2) Dogs, cats or any animal being held under quarantine by the owner or by a veterinary hospital, boarding or breeding kennel, or any other person at any other place shall immediately upon discovery of the existence of rabies or its symptoms be reported to the Chatham County Health Department, animal control center or Chatham County Humane Shelter with a history of the case and information regarding the name and address of the owner. It shall be the duty of every person having knowledge of the facts to see that the report required by this subparagraph [subsection] is made.
(n) Quarantine.
(1) Where rabies has been found to exist in any warm-blooded animal, or where its existence is suspected, the health department may designate an area within which quarantine shall be maintained as provided by the terms of this chapter. Every such animal shall thereupon be immediately confined to the premises designated by the health department, whether or not the animal has been vaccinated against rabies.
(2) No animal shall be removed from a quarantined area and no animal brought into a quarantined area without written permission of the health department. The application for such permission shall be in writing, filed with the health department the reason for movement and the location at which the animal will be confined after movement.
(3) When quarantine is ordered by the health department, it shall be maintained for a period of 90 days, with the right of the health department to increase or diminish the period as, in its uncontrolled discretion, the public safety and health may require.
(4) Where an animal has been suspected of having rabies or has rabies symptoms, the area or premises where such animals are kept shall be posted by the health department with signs to read as follows: "rabies suspected" or "rabies, keep away from animals." Such signs shall be conspicuously displayed on the premises, printed with type that is easily legible, and shall remain on the premises for the duration of the quarantine.
(5) Persons living within a quarantine area having in their possession an animal subject to rabies or to the terms of this chapter shall be given written notice of the quarantine, the animals subject thereto and an order to confine their animals so subject to the premises of the owner, together with any other information the health department deems advisable. Such notice shall be signed by a duly authorized agent of the health department.
(6) The violation by any person of any quarantine order issued by the health officer shall be a violation of this chapter, and the person so violating shall be subject to all the penalties prescribed by law for a violation.
(o) Examination of heads. The heads of all domestic animals and of all wild animals suspected of having rabies before their death or having rabies at time of death shall be submitted to the state laboratory for examination. Either human or animal exposure to these animals shall constitute sufficient reason for laboratory examination.
(Code 1977, § 9-5021)
Sec. 9-5022. Restrictions on dogs running at large.
It shall be unlawful for any dog to be on the streets, lanes, highways, roads or squares of the city, or loose on vacant lots or unenclosed lots, so that he may freely have access to the streets, lanes, highways, roads or squares of the city, unless such dog is held firmly on a leash held by a person. It shall be the duty of any owner or possessor or any person who harbors or keeps any dog to confine securely the same within the limits of his own premises and not to permit such dog to run or have access to run the streets, lanes, highways, roads or squares or parks of the city except as above set forth or for hunting, field trials and the working of said dogs.
It shall be unlawful for any dog owner to keep or have within the city a dog which habitually or repeatedly chases, snaps at, or attacks pedestrians, bike riders or conducts itself so as to be a public nuisance. To effect the impounding of such a dog, if necessary, the animal control officer shall have the right to muzzle or employ such other methods as may be reasonably necessary to impound such animal.
(Code 1977, § 9-5022)
Sec. 9-5023. Notification regarding tag requirement.
Where any dog is found within the city, without having a license tag as hereby required, it shall be the duty of the humane officer to issue a citation and subpoena for violation of this article.
(Code 1977, § 9-5023)
Sec. 9-5024. Impoundment of dogs--Authorized.
Any dog found upon the streets, lanes, highways, roads or squares of the city, without the corporate limits of any municipality therein, in violation of this article, shall be caught by the humane officer or his assistant and impounded. The humane officer or his assistant shall have the specific right to enter upon any unenclosed private property to secure capture of any dog in violation of this article.
(Code 1977, § 9-5024)
Sec. 9-5025. Same--Duty of humane officer.
Upon the failure of a person to comply with the notice given him as provided under this article within 24 hours after receiving same or should the person in charge of the premises upon which an unlicensed dog is found disclaim ownership of such dog, by himself or any member of his household when so notified, it shall thereupon become the duty of the humane officer to go upon the premises and take charge of and impound the dog.
(Code 1977, § 9-5025)
Sec. 9-5026. Same--Dogs kept three days.
Any dog impounded under the provisions of this article shall be kept for three days in some convenient place, to be known as the dog pound or humane shelter.
(Code 1977, § 9-5026)
Sec. 9-5027. Same--Payment of fees.
Within three days after a dog is impounded, the owner, possessor or any representative of the owner or possessor may come forward and pay the annual license tax if he has not paid the same, an impounding fee of $10.00 for each dog impounded, and $3.00 per day for each day that the dog is housed and fed in the dog pound or humane shelter.
(Code 1977, § 9-5027)
Sec. 9-5028. Same--Dogs put to death.
Any dog impounded under this article whose [of which its] owner, possessor or representative shall not come forward within three days after the impoundment and pay the license tax and the fees specified in this article shall be put to death in some humane shelter.
(Code 1977, § 9-5028)
Sec. 9-5029. Delegation of shelter of dogs.
The shelter and impounding of dogs found within the city in violation of this article may be delegated to and performed by such organization as shall be selected by the mayor and aldermen.
(Code 1977, § 9-5029)
Sec. 9-5030. Disposal of dog excrement.
It shall be unlawful for any person who possesses, harbors or is in charge of any dog not to immediately remove excrement deposited by the dog upon a common thoroughfare, street, sidewalk, tree lawn, play area, park, square, or upon any other public premises, and such is hereby deemed to be a public nuisance and prohibited. Dog excrement shall be disposed of in a sanitary manner as provided by section 9-5031.
(Code 1977, § 9-5031)
Sec. 9-5031. Equipment for removal of dog excrement.
It shall be the duty of any person having custody of any dog on public property to have in such person's possession a device or equipment for the picking up and removal of dog excrement. An acceptable device shall include any plastic or metal mechanized or nonmechanized device constructed for scooping pet excrement; a hand shovel or trowel; a plastic or paper bag; a styrofoam, plastic or paper cup; or any similar device that can contain and remove the excrement. The use of sheet paper, newspaper, paper napkins, or handkerchief is deemed unacceptable and unsanitary for removing excrement and shall not be used. The provisions of this section shall not apply to a dog aiding the handicapped (i.e., guide dog) or to a dog when in police or rescue activities.
(Code 1977, § 9-5032)
Secs. 9-5032--9-5040. Reserved.
ARTICLE C. DANGEROUS DOGS
Sec. 9-5041. Definitions.
The following definitions shall apply in the interpretation and enforcement of this article, and the following words shall have the following meanings:
A. Dangerous dog means any dog that, according to the records of an appropriate authority:
1. Inflicts a severe injury on a human being without provocation on public or private property; or
2. Aggressively bites, attacks, or endangers the safety of humans without provocation after the dog has been classified as a potentially dangerous dog and after the owner has been notified of such classification.
B. Owner means any natural person or any legal entity, including, but not limited to, a corporation, partnership, firm, or trust owning, possessing, harboring, keeping, or having custody or control of a dangerous dog or potentially dangerous dog within this state.
C. Potentially dangerous dog means any dog, according to the records of an appropriate authority, that:
1. Without provocation, bites a human being on public or private property; or
2. Without provocation, chases any human being upon the street, sidewalk or any public or private property, excluding that of its custodian, in an apparent attitude of attack.
D. 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 structure shall have secure sides and a secure top, and, if the dog is enclosed within a fence, all sides of the fence shall be of sufficient height and the bottom of the fence shall be constructed or secured in such a manner as to prevent the dog's escape either from over or from under the fence. Any such enclosure shall also provide protection from the elements for the dog.
E. Records of an appropriate authority means records of any state, county, or municipal law enforcement agency; records of any county or municipal animal control agency; records of any county board of health; records of any federal, state, or local court; or records of a dog control officer provided for in this article.
F. Severe injury means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery or a physical injury that results in death.
G. Substantial chain or leash means a device used to restrain a dog that cannot be broken by the dog under its own power.
(Ord. of 12-16-1999(3), § 1)
Sec. 9-5042. Exemptions; investigation of reports.
A dog that inflicts an injury upon a person when the dog is being used by a law enforcement officer to carry out the law enforcement officer's official duties shall not be a dangerous dog or potentially dangerous dog within the meaning of this article. A dog shall not be a dangerous dog or a potentially dangerous dog within the meaning of this article if the injury inflicted by the dog was sustained by a person who, at the time, was committing a willful trespass or other tort or was tormenting, abusing, or assaulting the dog or had in the past been observed or reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime.
Upon receiving a report of a dangerous dog or potentially dangerous dog within the city from a law enforcement agency, animal control agency, rabies control officer, or county board of health, an animal control officer shall make such investigations and inquiries with regard to such report as may be necessary to carry out the provisions of this article.
(Ord. of 12-16-1999(3), § 2)
Sec. 9-5043. Notice generally.
When an animal control officer classifies a dog as a dangerous dog or reclassifies a potentially dangerous dog as a dangerous dog, the dog control officer shall notify the dog's owner in writing by certified mail to the owner's last known address of such classification or reclassification. Such notice shall be complete upon its mailing.
(Ord. of 12-16-1999(3), § 3)
Sec. 9-5044. Scope of procedures.
As applied to the owners of potentially dangerous dogs, the procedures provided for in this article must be carried out as a necessary condition for the enforcement of the provisions of this article against such owners. As applied to the owners of dangerous dogs, the procedures provided for in this article shall not be an essential element of any crime provided for in this article.
(Ord. of 12-16-1999(3), § 4)
Sec. 9-5045. Notice to owner of classification.
When a dangerous dog or potentially dangerous dog is classified as such, the dog control officer shall notify the dog's owner of such classification.
(Ord. of 12-16-1999(3), § 5)
Sec. 9-5046. Requirements of notice to owner.
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 or potentially dangerous dog;
C. The notice shall be dated and shall state that the owner, within 15 days after the date shown on the notice, has a right to request a hearing on the 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 health department;
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 article on a date specified in the notice, which shall be after the last day on which the owner has a right to request a hearing; and
F. The notice shall include a form to request a hearing before the health department and shall provide specific instructions on mailing or delivering such request to the agency.
(Ord. of 12-16-1999(3), § 6)
Sec. 9-5047. Hearing.
When the health department receives a request for a hearing as provided in this article, it shall schedule such hearing within 30 days after receiving the request. The health department shall notify the dog owner in writing by certified mail of the date, time, and place of the hearing, and such notice shall be mailed to the dog owner at least ten days prior to the date of the hearing. At the hearing, the owner of the dog shall be given the opportunity to testify and present evidence, and in addition thereto the health department shall receive such other evidence and hear such other testimony as the health department may find reasonably necessary to make a determination either to sustain, modify, or overrule the animal control officer's classification of the dog.
(Ord. of 12-16-1999(3), § 7)
Sec. 9-5048. Notice of determination after hearing.
Within ten days after the date of the hearing, the health department 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 effective date will be 15 days from the date of the hearing.
(Ord. of 12-16-1999(3), § 8)
Sec. 9-5049. Certificate of registration.
It is unlawful for an owner to have or possess within this state a dangerous dog or potentially dangerous dog without a certificate of registration issued in accordance with the following provisions:
A. A proper enclosure to confine the dangerous or potentially dangerous dog.
B. Any dog classified as dangerous or potentially dangerous will be required to be microchipped for permanent identification by a licensed veterinarian at the owner's expense.
C. The animal shall be required to wear a distinctive blue collar, issued by the animal control agency, with a number identification tag affixed.
D. The owner shall be required to post the premises where the animal is located with a clearly visible sign, issued by the animal control agency, containing a symbol designed to warn all citizens, including children, that there is a dangerous or potentially dangerous dog on the property; the number of signs will be determined by the animal control officer.
E. It shall be unlawful to display the above dangerous dog sign at locations or on premises where no such dangerous or potentially dangerous dog exists or is located.
F. The registration fee shall be $150.00 for a potentially dangerous dog annually and $250.00 for a dangerous dog annually. The required collar and up to two warning signs shall be issued and are included in this fee. If additional signs are required, the cost is $10.00 per sign.
G. In addition to the requirements above, the owner of a dangerous dog shall present to the dog control officer evidence that the dog has been spayed or neutered, and evidence of:
1. A policy of insurance in the amount of at least $25,000.00 or more issued by a surety company authorized to transact business in this state insuring the owner of the dangerous dog against liability for any personal injuries inflicted by the dangerous dog; or
2. A surety bond in the amount of $25,000.00 or more issued by a surety company authorized to transact business in this state payable to any person or persons injured by the dangerous dog.
H. The owner of a dangerous dog or potentially dangerous dog shall notify the dog control officer within 24 hours if the dog is on the loose, is unconfined, has attacked a human, has died, or has been sold or donated. If the dog has been sold or donated, the owner shall also provide the animal control officer with the name, address, and telephone number of the new owner of the dog.
I. The owner of a dangerous dog or potentially dangerous dog shall notify the animal control officer if the owner is moving from the dog control officer's jurisdiction. The owner of a dangerous dog or potentially dangerous dog who is a new resident of the State of Georgia shall register the dog as required in this Code section within 30 days after becoming a resident. The owner of a dangerous dog or potentially dangerous dog who moves from one jurisdiction to another within the State of Georgia shall register the dangerous dog or potentially dangerous dog in the new jurisdiction within ten days after becoming a resident.
J. Issuance of a certificate of registration or the renewal of certificate of registration by Chatham County animal control does not warrant or guarantee that the requirements specified 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.
K. An 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 local governments and the sheriffs of counties shall cooperate with dog control officers in enforcing the provisions of this section.
(Ord. of 12-16-1999(3), § 9)
Sec. 9-5050. Restraint of dangerous dog.
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.
(Ord. of 12-16-1999(3), § 10)
Sec. 9-5051. Restraint of potentially dangerous dog.
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 restrained by a substantial chain or leash and is under the restraint of a responsible person.
(Ord. of 12-16-1999(3), § 11)
Sec. 9-5052. Confiscation of dangerous dog.
A dangerous dog shall be immediately confiscated by the animal control officer or by a law enforcement officer or by another person authorized by the animal control officer if the:
A. Owner of the dog does not secure the liability insurance or bond required in this article;
B. Dog is not validly registered as required;
C. Dog is not maintained in a proper enclosure; or
D. Dog is outside a proper enclosure without specified restraints.
(Ord. of 12-16-1999(3), § 12)
Sec. 9-5053. Confiscation of potentially dangerous dog.
A potentially dangerous dog shall be confiscated in the same manner as a dangerous dog if the dog is:
A. Not validly registered as required;
B. Not maintained in a proper enclosure; or
C. Outside a proper enclosure without specified restraints.
(Ord. of 12-16-1999(3), § 13)
Sec. 9-5054. Return after confiscation.
Any dog that has been confiscated under the provisions of this article shall be returned to its owner upon the owner's compliance with the provisions of this article and upon the payment of reasonable confiscation costs. In the event the owner has not complied with the provisions of this article within 20 days of the date the dog was confiscated, said dog shall be destroyed in an expeditious and humane manner.
(Ord. of 12-16-1999(3), § 14)
Sec. 9-5055. Liability.
The owner of a dangerous dog or potentially dangerous dog shall be solely liable for any injury to or death of a person caused by such dog. Under no circumstances shall a local government or any employee or official of a local government which enforces or fails to enforce the provisions of this article be held liable for any damages to any person who suffers an injury inflicted by a dog that has been identified as being a dangerous dog or potentially dangerous dog or by a dog that has been reported to the proper authorities as being a dangerous or potentially dangerous dog or by a dog that a local government has failed to identify as a dangerous dog or potentially dangerous dog or by a dog which has been identified as being a dangerous dog or potentially dangerous dog but has not been kept or restrained in the prescribed manner or by a dangerous dog or potentially dangerous dog whose [of which its] owner has not maintained insurance coverage or surety bond as required.
(Ord. of 12-16-1999(3), § 15)
|
