Chapter 6

ANIMALS*
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* Cross References: Pets prohibited in park at Lake Grace, § 24-34.
State Law References: City's and county's authority to exercise animal control, Ga. Const. art. 9, sec. 2, par. 3(a)(3); livestock running at large or straying, O.C.G.A. § 4-3-1 et seq.; permitting dogs in heat to roam or run free, O.C.G.A. § 4-8-6; Dangerous Dog Control Law, O.C.G.A. § 4-8-20 et seq.; Georgia Animal Protection Act, O.C.G.A. § 4-11-1 et seq.; control of rabies, O.C.G.A. § 31-19-1 et seq.; cruelty to animals, O.C.G.A. § 16-12-4; liability of owner or keeper of vicious or dangerous animal for injuries caused by animal, O.C.G.A. § 51-2-6.
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Article I. In General
Secs. 6-1--6-25. Reserved.

Article II. Dogs
Sec. 6-26. Dangerous dogs.
Sec. 6-27. Identification tags.
Sec. 6-28. Confinement.
Sec. 6-29. Reserved.
Sec. 6-30. Contracts with other municipalities.
Sec. 6-31. Definitions.
Sec. 6-32. Running at large.
Sec. 6-33. Vaccination.
Sec. 6-34. Collar, tags must be worn.
Sec. 6-35. Destruction of dangerous, vicious domesticated animals.
Sec. 6-36. Authority to impound.
Sec. 6-37. Right of entry.
Sec. 6-38. Register.
Sec. 6-39. Right to redeem.
Sec. 6-40. Time for redemption.
Sec. 6-41. Fees.
Sec. 6-42. Redemption of unvaccinated animal.
Sec. 6-43. Redemption by person other than owner.
Sec. 6-44. Disposition of funds.
Sec. 6-45. Reports.
Sec. 6-46. Powers of animal control officer.
Secs. 6-47--6-49. Reserved.

Article III. Poultry Regulation
Sec. 6-50. Housing and processing poultry.
Sec. 6-51. Sanitary conditions.
Sec. 6-52. Penalty.
Sec. 6-53. Violation declared to be nuisance.

ARTICLE I.

IN GENERAL

Secs. 6-1--6-25. Reserved.

ARTICLE II.

DOGS*
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* State Law References: Dogfighting, O.C.G.A. § 16-12-37.
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Sec. 6-26. Dangerous dogs.

(a) Definitions.

(1) A "dangerous dog" or "potentially dangerous dog," as the term is used in this section, means:

a. Any dog with a propensity, tendency or disposition to attack, to cause injury or to otherwise endanger the safety of human beings or domestic animals;

b. Any dog which attacks a human being or a domestic animal on one or more occasion without provocation; or

c. As defined by The Dangerous Dog Control Act Adopted by the General Assembly of Georgia at its 1989 Session (Act 170; House Bill 630).

(2) A dangerous dog or potentially dangerous dog is "unconfined," as the term is used in this section, if such dog is not securely confined indoors or confined in a securely enclosed or locked pen or structure upon the premises of the person described in subsection (b) of this section. Such pen or structure must have secure sides and a secure top. If the pen or structure has no bottom secure to the sides, the sides must be imbedded in the ground no less than two feet.

(b) Confinement. No person owning or harboring or having the care of a dangerous or potentially dangerous dog shall suffer or permit such animal to go unconfined on the premises of such person.

(c) Leashing, muzzling. No person owning or harboring or having the care of a dangerous or potentially dangerous dog shall suffer or permit such dog to go beyond the premises of such person unless such dog is securely leashed and muzzled, except that a vicious dog shall not be required to be muzzled when shown in a sanctioned American Kennel Club show.

(d) Determination by dog control officer; notice to owner; contesting of classification; hearing. When a dangerous or potentially dangerous dog has been reported to the dog control officer, he shall make reasonable inquiry and determine, in his opinion, as to whether or not the dog reported is to be classified as either a dangerous or potentially dangerous dog under the definitions set forth in this section and the Dangerous Dog Act. If the dog control officer classifies a dog as either dangerous or potentially dangerous, the officer must notify the owner in writing, by certified mail, of the dog's classification. The notice must include a summary of the dog control officer's findings that form the basis for the dog's classification and provide the owner with a form to request a hearing to contest the classification within 15 days before the county board of health. Upon receiving the request, the board must schedule a hearing within 30 days. The dog's owner must be notified of the hearing date and location by certified mail. During the hearing, the dog's owner may testify and present evidence. The board may receive whatever testimony in evidence is reasonable necessary to sustain, modify or overrule the dog control officer's classification. Within ten days after the hearing, the board must notify the owner by certified mail of its determination. If the animal is classified as dangerous or potentially dangerous, the effective date of such classification must be given.

(e) Insurance. Within ten days from the date of being classified as a dangerous or potentially dangerous dog, the owner, keeper or harborer of the dog must provide proof to the county administrator of public liability insurance in a single incident amount of $15,000.00 for bodily injury to or death of any person or persons or for damage to property owned by any persons which may result from the ownership, keeping or maintenance of such animal. The insurance policy shall provide that no cancellation of the policy will be made unless ten days' written notice is first given to the county administrator.

(f) Violations and penalties. Whoever violates any provision of this section shall be punished as for a misdemeanor unless charged under the Dangerous Dog Control Act in which event the violator shall be punished as provided for in the Act. In addition, any dangerous or potentially dangerous dog which attacks a human being or another domestic animal may be ordered destroyed when, in the court's judgment, such dangerous or potentially dangerous dog represents a continuing threat of serious harm to human beings or domestic animals. In addition, any person found guilty of violating any portion of this section shall pay all expenses, including shelter, food or boarding and veterinary expenses necessitated by the seizure of any dog for the protection of the public, and such other expenses as may be required for the destruction of any such dog.

(g) Provisions deemed supplemental. This section is intended to aid and supplement the Dangerous Dog Act and if anything in this section is in illegal conflict with the Act, such provision is hereby rescinded.
(Ord. of 6-4-89, art. I, §§ 1--4)

Sec. 6-27. Identification tags.

All owners, keepers or harborers of any dog within the county shall cause a collar to be placed on the animal, or animals, as the case may be. Each collar shall contain a plate permanently affixed thereto which shows the name and address of the owner, keeper or harborer thereof.
(Ord. of 6-4-89, art. II, § 1)

Sec. 6-28. Confinement.

(a) All owners, keepers or harborers of any dogs within this county shall securely confine the animals indoors or outdoors in a securely enclosed and locked pen, fence or other structure, confining the dog to the premises of the owner, keeper or harborer. No person owning, har

boring or having the care of any dog shall suffer or permit such animal to leave the premises of such person unless such dog is securely leased.

(b) Subsection (a) of this section does not apply when any dog or dogs are actively engaged in an organized hunt in which one or more persons are actively using the dog or dogs for the purpose of hunting game, and it shall not apply when one or more persons are using the dog or dogs for the purpose of hog hunting or herding, and/or capturing cattle.
(Ord. of 6-4-89, art. II, § 2)

Sec. 6-29. Reserved.

An ordinance of February 3, 1997, amended the Code by repealing § 6-29. Former § 6-29 pertained to dogs running at large, and derived from an ordinance of June 4, 1989.

Sec. 6-30. Contracts with other municipalities.

The county administrator shall have the authority, subject to the final approval of the board of commissioners, to negotiate contracts between the county and one or more of the municipalities within the county for services in the carrying out of the terms of this article. However, nothing herein shall prevent the county in the sole and absolute discretion of the board of commissioners from using county personnel and equipment in the carrying out of the terms of this article.
(Ord. of 6-4-89, art. II, § 4)

Sec. 6-31. Definitions.

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them:

Animal control officer. Official designated by the county to enforce the provisions of this chapter whether an employee or other person, so designated, under contract with a municipality.

At large. Off the premises, controlled not by the owner or his immediate family by leash, cord, chain or otherwise.

Domesticated animals. Animals which are kept as pets, such as dogs and cats.

Owner. Any person owning, keeping or harboring any animal or fowl.

Undomesticated animals. Horses, mules, cattle, goats, swine and other animals which are not domesticated.
(Ord. of 2-3-97, § 2)

Sec. 6-32. Running at large.

No person shall allow any animal, whether domesticated or undomesticated, or fowl to roam, run or be at large or on the premises of another within this county. Further, all owners or keepers of any dogs within a subdivision in this county or other areas similarly populated shall securely confine such animals indoors or outdoors in a securely enclosed and locked pen, fence or other structure confining said dog to the premises of the owner or keeper, and shall keep such pens or other enclosed places free of any bad odors.

Further all owners or keepers of any dogs within this county shall confine the dogs in such a manner that continuous barking by such animals will not disturb adjacent landowners.
(Ord. of 2-3-97, § 2; Ord. of 5-4-98, § 1)

Sec. 6-33. Vaccination.

It shall be unlawful for the owner of any domesticated animal to keep or maintain such domesticated animal within this county unless it shall have been vaccinated by a licensed veterinary surgeon with anti-rabies vaccine, within one year preceding the date on which such domesticated animal is kept or maintained. The owner of every domesticated animal shall provide a tag issued by a licensed veterinarian, attached to a collar worn by each domesticated animal, showing that such domesticated animal has been vaccinated, the date of said vaccination to appear on said tag.
(Ord. of 2-3-97, § 2)

Sec. 6-34. Collar, tags must be worn.

It shall be unlawful for any person to maintain or keep a domesticated animal on any premises within the county unless the domesticated animal wears a collar or harness securely attached to its body to which shall be securely attached a tag issued for the domesticated animal by a licensed veterinarian, licensed to practice veterinary medicine in the state, showing that the domesticated animal has been, within the current calendar year, vaccinated against rabies.
(Ord. of 2-3-97, § 2)

Sec. 6-35. Destruction of dangerous, vicious domesticated animals.

Any dangerous, vicious or fierce domesticated animal or any domesticated animal having dangerous, vicious or fierce propensities and tendencies found at large after the owner thereof has previous knowledge or notice that such domesticated animal is dangerous, vicious or fierce or has dangerous, vicious or fierce propensities and tendencies may be killed by any law enforcement officer of the county or animal control officer without such officer having to catch or impound such domesticated animal.
(Ord. of 2-3-97, § 2)

Sec. 6-36. Authority to impound.

It shall be the duty of the animal control officer to seize and impound, subject to the provisions of this article all animals, whether domesticated or undomesticated, found in violation of the provisions of the article within this county, whether such animal shall be in the immediate presence of its owner or custodian or otherwise.
(Ord. of 2-3-97, § 2)

Sec. 6-37. Right of entry.

The animal control officer is hereby authorized to enter upon any unfenced lot, tract or parcel of land for the purpose of seizing and impounding any animal found thereon in violation of this article.
(Ord. of 2-3-97, § 2)

Sec. 6-38. Register.

The animal control officer, upon impounding or receiving any animal under the provisions of this article, shall make a complete registry of such animal, entering the breed, color and sex of the animal and whether the animal has been vaccinated, and the time and place of taking such animal into custody.
(Ord. of 2-3-97, § 2)

Sec. 6-39. Right to redeem.

The owner of any animal which has been impounded under the provisions of this article shall have the right to redeem the same upon the payment of any and all fees which may be due and payable for the impoundment of such animal; provided, however, the payment of such impoundment fees shall not bar the imposition of any fine which may be imposed for the violation of this article.
(Ord. of 2-3-97, § 2)

Sec. 6-40. Time for redemption.

All impounded animals shall be redeemed within five days after the same were impounded. Any such animal not redeemed within such time may be sold, destroyed or otherwise disposed of.
(Ord. of 2-3-97, § 2)

Sec. 6-41. Fees.

The fee for redeeming an impounded animal under this article shall be $15.00.

Whenever any animal is impounded, an additional fee of $2.00 shall be charged for each day, or fraction thereof, of impoundment for feeding and caring for such animal.
(Ord. of 2-3-97, § 2)

Sec. 6-42. Redemption of unvaccinated animal.

The owner of any impounded domesticated animal which has not been vaccinated as required by this article, upon satisfactory proof of ownership, may redeem his animal by making a deposit of $10.00 with the animal control officer and be allowed 24 hours to get such animal vaccinated. If such owner fails to procure a vaccination certificate within such 24 hours, the deposit shall be forfeited and the animal shall be impounded again. Upon presentation within such period of time of a certificate of vaccination issued under this article, the deposit shall be refunded.
(Ord. of 2-3-97, § 2)

Sec. 6-43. Redemption by person other than owner.

If the owner of any animal impounded under this article shall fail to redeem his animal within the time allowed for redemption, any other person may, upon complying with all provisions of this article, redeem the animal from the pound and be the lawful owner of the animal thereafter.
(Ord. of 2-3-97, § 2)

Sec. 6-44. Disposition of funds.

All moneys received and collected under the provisions of this article shall be deposited in the general fund of the county.
(Ord. of 2-3-97, § 2)

Sec. 6-45. Reports.

The animal control officer shall file such reports of his activities under the provisions of this article under oath, as are required by the commissioners.
(Ord. of 2-3-97, § 2)

Sec. 6-46. Powers of animal control officer.

The animal control officer shall have the power and authority to enforce the provisions of this chapter, which powers shall include the issuance of citations for any violations of Chapter 6 of the Code.
(Ord. of 8-4-97, § 1)

Secs. 6-47--6-49. Reserved.

ARTICLE III.

POULTRY REGULATION

Sec. 6-50. Housing and processing poultry.

It shall be unlawful to construct, maintain or utilize in the county any building, animal yard, or other real property for the purpose of housing, raising, producing, processing, or selling poultry within the city limits of the cities of Jesup, Screven and Odum, or within one quarter of a mile (1,320 feet) of any city limits line of the cities of Jesup, Screven and Odum, or within 300 feet of any building used for residential commercial purposes by anyone other than the one maintaining such poultry house, yard, or processing plant, or within 300 feet of any school, church, or other public buildings.

For purposes of this section, the term poultry building, or yard, shall include every enclosure, shed, or structure used to house chickens, turkeys, and other fowl used for commercial purposes.

Sec. 6-51. Sanitary conditions.

Every person maintaining a poultry house, yard, processing plant, or other building used for commercial purposes, shall keep such facility in a manner such as not to create a public health or environmental nuisance.

Sec. 6-52. Penalty.

Any person, firm or corporation violating any provision of this article shall be punished as provided in section 1-12 of the Code.

Sec. 6-53. Violation declared to be nuisance.

Any violation of this article is hereby declared to be a nuisance. In addition to any other punishment provided by this article, the county attorney may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this article. Such application for relief may include seeking a temporary restraining order, temporary injunction, permanent injunction, and seeking attorney fees and court costs in conjunction with same.
(Ord. of 6-7-99, § 1; Ord. of 8-2-99, § 1)