Decatur County Animal Control Ordinance

Draft, September 5, 2008

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Definitions

The following definitions shall apply in the interpretations and enforcement of this chapter:

1. Animals shall mean dogs, cats, rabbits, guinea pigs, hamsters and similar animals.


2. Animal Control Officer shall mean the Decatur County Commission or authorized designee.


3. Enclosures shall mean any uncovered, enclosed parcel of land where animals or fowl are kept.


4. Fence. Any structure of wire, wood, stone or other material, that is of sufficient height and strength to act as a barrier against passage of animals or livestock that the fence is intended to enclose. A fence must be sufficient to prevent the animal or livestock from being able to jump, dig, or escape confinement.


5. Fowl shall mean chickens, turkeys, geese, ducks, pigeons, and similar fowl.


6. Health Department. Health Department means Decatur County Health Department.


7. Housing shall mean any building, shed, cage, pen, or similar structure used for the housing of animals and fowl.


8. Livestock shall mean all animals of the equine, bovine or swine class, goats, sheep, mules, and other grazing animals.


9. 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.


10. Person means any person, firm, partnership, corporation, association of agency.


11. New. Tethering means fastening an animal by a rope or chain to limit the animal's ability to range in a set radius.

Livestock and Fowl Not to Run at Large or Kept in a 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 unincorporated areas of Decatur County or to keep the same in any manner in any street or other public place, in consistency with O.C.G.A. § 4-3-3.

Exemptions: Dogs or cats entering the County of Decatur from outside the County 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 and registration requirements of this article.
O.C.G.A. § 4-3-3
Changed To
Exemptions: All agricultural operations established prior to approval date of this ordinance are exempt from this provision of the ordinance.
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 be kept clean and sanitary. All animals that are housed or enclosed shall be provided with a source of potable water.
AddedIf the number of animals being kept on the property is unreasonable due to the size of the property, the Animal Control Officer may require a special method disposing animal waste in a sanitary manner.

Distance of Enclosures from Buildings

1. Livestock enclosures shall be a minimum of one hundred (100) feet from any occupied building except the dwelling unit of the owner unless the owner of the adjacent building and the Animal Control Officer give permission for a lesser distance. Horse stables built on property after August 1, 2008, shall be at least one hundred (100) feet from an occupied building, except the dwelling unit of the owner, unless the owner of the building and the Animal Control Officer granted approval.


2. Animals and fowl not specifically mentioned in this chapter shall be kept at minimum distances deemed reasonable and necessary by the Animal Control Officer.

Added Exemptions: All agricultural operations established prior to approval date of this ordinance are exempt from this provision of the ordinance.

Nuisances

The owner of animals and fowl shall be responsible for correcting or abating any nuisance that may arise from the keeping thereof. No person shall own, possess or harbor any animal or fowl which howls, barks, or emits audible sounds that are plainly audible or disturbing to the peace and quiet of the neighborhood.

For the purpose of this article, "barking dog" shall mean a dog that barks, bays, cries, howls or makes any other noise continuously and / or incessantly for a period of fifteen minutes or barks intermittently for one-half hour or more to the disturbance of any person at any time of day or night regardless whether the dog is physically situated in or upon private property. Provided, however, that dog shall not be deemed a "barking dog" for purposes of this regulation, if at that time the dog is barking or making any other noise, a person is trespassing or threatening to trespass upon private property in or upon which the dog is situated or for any other legitimate cause which teased or provoked the dog. Reports of nuisances due to audible disturbances must be substantiated with video or audio recordings.

Penalties

Any person who violates any provision of the Animal Control Ordinance shall be issued a citation to appear in the Magistrate Court of Decatur County or any other court of competent jurisdiction and be subject to the penalties provided
Added $50.00 for the first offense, $150.00 for the second offense, and up to $1,000.00 thereafter by Magistrate Court or court of competence.
If the person violating the provisions of the Animal Control Ordinance does not contest the citation, then monetary penalties associated with the citation may be paid at the Magistrate Court prior to the appearance date.

Penalties for the violation of provisions of this article pertinent to Vicious Dogs shall be as provided in O.C.G.A. § 4-8-42 & 43.

Dead Animals - Reporting

It is hereby made the duty of all persons in the County losing an animal by heath or having a dead animal of unknown origin on his premises to report the same to the Sheriff Department within two hours after its death, which report shall specify where the animal may be found. Dead animals shall be disposed in accordance with the following section, Removal of Dead Animals.

Removal of Dead Animals

It is hereby made the duty of the Sheriff Department / Health Department / Planning Department, without delay, to coordinate with the appropriate department the removal from the County right-of-way all dead animals which may be brought to its attention or reported, and to dispose of the same as required by law.
Changed To It is hereby made the duty of the Sheriff Department/Planning Department, without delay, to coordinate with the County Road Department or Georgia Department of Transportation the removal from the County right-of-way all dead animals including farm livestock, poultry, equines, domesticated animals, pets, or any other type of animals which may be brought to its attention or reported, and to dispose of the same as required by O.C.G.A. § 4-5-4.

Deposit in Streets, Roads, Rights of Way or Public Places

It shall be unlawful for any person to throw or put into the streets, roads, rights of way, or public places within or without the county any dead animal.
Added Dead animals shall be disposed by burning, incineration, burial, rendering, or any method using appropriate disposal technology which has been approved by the Commissioner of Agriculture. Disposal of dead animals by any approved methods must be completed within twenty-four (24) hours after death or discovery, in consistency with O.C.G.A. § 4-5-5.

Vaccination and Registration of Dogs and Cats

Added Rabies Control and Vaccination of dogs shall be enforced under the provisions of State Law and Decatur County Board of Health Rule II, Rules for Rabies Control, adopted in its entirety, as attached to this ordinance.

1. 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 added-, or ferret shall be clearly stated on such certificate, and a copy of such certificate is to be sent by the veterinarian to the Decatur County's designated Animal Control Office.
   
   4) Vaccination tag. The words "vaccination tag" shall mean a tag furnished added- by a veterinarian and approved by the Georgia Department of Human Resources Added-, consistent with Rule II of Decatur County Board of Health, and the tag shall be worn by the vaccinated animal at all times.
   5) Vaccinate or inoculate. The word "vaccinate" or "inoculate" shall mean the injection of a specified dose of anti-rabies vaccine by a veterinarian into an animal, such vaccine having the U.S. Department of Agriculture Veterinary Biologics Control Section license number approval stamped on the label of the container and having been approved by the Georgia Department of Human Resources.
   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 a license to practice the profession of veterinary medicine Deleted-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.


2. 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 Added- or ferret or ferrets Changed from 4 to 3 three months of age or older without first having the dog or dogs or cat or cats vaccinated against rabies and obtaining from a licensed veterinarian Deleted-in Decatur County for each dog or cat the vaccination and registration tag and the rabies certificate defined in subsection (a) above. Any person owning a dog or cat Added-, or ferret and does not comply with this provision shall be in violation of the Animal Control Ordinance provided that a person shall register their dog or cat, or ferret within thirty days of the rabies vaccination, or thirty days after becoming a resident of the County of Decatur.


3. When vaccination required; term of registration. All dogs and cats over three months of age shall be vaccinated against rabies initially and thereafter as required by State law, and their owners shall register with Decatur County such dog(s) or cat(s) initially and every 12 months following the original vaccination and registration of the dog(s) or cat(s), or ferret(s). Initial and annual registration of dogs and cats will be processed by designated veterinarian(s) in Decatur County. A list of designated veterinarians shall be posted at the principal office of the Animal Control Officer and the Decatur County Administrative Offices.


4. Tag to be attached; number of rabies certificate; term.
   1) Every dog or cat, or ferret which has received a rabies vaccination as set forth in subsection (c) above shall have attached to a collar around its neck a vaccination and registration tag.
   
   2) The rabies certificate shall bear a license number identified with that of the tag attached to the collar of the dog or cat, or ferret. The registration tag will expire one year from date of issue.

Decatur County Registration Requirements

1. Fees. The veterinarian's fees for vaccination of a dog or cat shall be set by each individual licensed veterinarian or the State of Georgia. A registration tag will be issued for a fee in the amount of ten and no / one hundred dollars ($10.00), which will be collected by the designated veterinarian(s) from the owner of each dog or cat. County will waive the registration fee for the first year if the owner spades or neuters the animal. All the fees raised by this registration procedure shall be designated and used for animal control activities.
   Additionally, any dog, cat, or ferret shall be registered by the Planning Department, located at 309 Airport Road, Bainbridge, Georgia 39817. Current animal owners have ninety (90) days from approval date of this ordinance to register their animal, and the owner of the animal shall be fined $50.00 for failure to register the animal in Decatur County, payable at the Planning Department. Appeals to this fine shall be filed with the Decatur County Magistrate Court. This is a one-time registration for the life of any new animal and does not need to be renewed, if maintained by the same owner. Replacement of registration may be obtained from the Planning Department, too.


2. Only licensed veterinarians to vaccinate: inferior vaccinations.
   1) No person shall be allowed to vaccinate dogs or cats against rabies that 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.


3. Exemptions. Dogs or cats entering the County of Decatur from outside the County only for the purpose of performing or temporary stay not exceeding 30 days and kept under direct control of their owners or handlers are exempt from the license or vaccination requirements of this article.


4. Time limitation on obtaining vaccination certificate and registration. Except as provided by subsection (g) above, it shall be the duty of all persons owning or having possession of a dog or cat brought into the County of Decatur from outside the County to have the dog or cat vaccinated and to obtain the vaccination tag, the rabies certificate and registration required by this article within a period of 30 days from the date of such entry.
   1) Impoundment of unlicensed, unvaccinated dogs or cats. Any dog or cat found within the County not wearing or displaying a valid, current vaccination and registration tag and not confined to the premises of the owner shall be immediately impounded, quarantined or otherwise disposed of as required by this chapter (article). Any dog or cat found within the County of Decatur not vaccinated as required by this article within the previous 12 months shall likewise be impounded, quarantined or otherwise disposed of as required by this chapter (article).


5. Rabies cases to be reported.
   All animals and livestock, 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 County of Decatur shall be immediately reported to the Decatur County Health Department or the Decatur County Animal Control Officer by the owner, 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.
   Added- It shall be duty of any person bitten by any animal reasonably suspected of being rabid immediately to notify the appropriate county board of health. It shall be the duty of the owner, custodian, or person having possession and knowledge of any animal which has bitten any person or animal which exhibits any signs of rabies to notify the appropriate county board of health and to confine such animal in accordance with rules and regulations of the county board of health. (O.C.G.A. § 31-19-4)


6. Quarantine
   1) Where rabies have 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) 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 Decatur County Health Department, Animal Control Officer, or Decatur 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.Added- Animal Control Officer needs to follow the Operational Procedures for investigation of individual cases.
   3) 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.
   
   4) The Health Department, in its discretion, may increase or shorten the period as the public safety and health may require.
   
   5) 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.
   
   6) 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 animal subject thereto and an order to confine their animal 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.
   
   7) The violation by any person of any quarantine order issued by the health officer shall be a violation of this chapter, Added- , and said quarantine animal shall be immediately confiscated by the Animal Control Officer and taken to animal shelter for the remainder of the quarantine period. Any person so violating shall be subject to all the penalties prescribed by law for a violation.


7. 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.

Restrictions on Dogs Running at Large

It shall be unlawful for any dog to be on the streets, lanes, roads, rights of way or squares of any subdivision in the County, or loose on vacant lots or unenclosed lots, 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/her own premises and not to permit such dog to run or have access to run the streets, lanes, highways, roads, rights of way, squares or parks of the County 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 County a dog which habitually or repeatedly chases, snaps at, or attacks children, 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 reasonable necessary to impound such animal and cite the owner of the animal.

1. Hunting dogs will be allowed to run wooded areas, Added- under direct supervision of their owner, where permitted by the owner of the property, during hunting season established by federal and/or state laws and regulations.


2. All hunting dogs shall bear tags containing the owner's name, address, and telephone number.


3. All hunting dogs shall be vaccinated for rabies in accordance the Decatur County Board of Health Rabies Control Regulations.


4. All hunting dogs used in hunting game shall be properly supervised.


5. If any properly tagged hunting dog is taken into custody by the Animal Control Officer, or his designee, the dog shall be boarded for a minimum of five (5) Added- fourteen (14) days or until the owner of the animal has acquired the animal from the animal shelter, upon submittal of proof of ownership. Boarding costs shall be the responsibility of the owner. No penalties shall be charged.


6. If an owner does not recover his dog within fourteen (14) days of the dog's having been taken into custody of the Animal Control Officer, the dog shall be treated as abandoned.

Impoundment of Dogs - Authorized

Any dog found upon the streets, lanes, highways, roads, squares of the County, without the corporate limits of any municipality therein, in violation of this article, shall be caught and impounded by the Animal Control Officer or his designee. The Animal Control Officer or his designee shall have the specific right to enter upon any unenclosed private property to secure capture of any dog in violation of this article.

Dogs Kept Five Fourteen Days

Any dog impounded under the provisions of this Article shall be kept for up to fourteen (14) days in a place, to be known as the dog pound or humane shelter. In the case, if the owner of the dog is identified, the dog may be kept up to fourteen (14) days at the cost of the dog owner.

Payment of Fees

Within fourteen (14) days after a dog and/or cat is impounded, the owner or possessor shall come forward and pay the annual registration fee, if s/he has not paid the same, an impoundment fee, and a boarding fee. Impoundment and boarding shall be paid before an impounded animal shall be released to the owner or possessor.

Euthanasia

When any animal impounded under this article is not recovered by its owner, possessor or representative within fourteen (14) days after the impoundment and the registration fee and the fees specified in this article remain unpaid, then euthanasia shall be performed in some manner approved by the American Veterinarian Medicine Association or said animal may be adopted through a licensed humane society or a rescue and placement agency.

Delegation of Animal Shelter

The shelter and impounding of dogs and cats found within the County in violation of this article may be delegated to and provided by such organization as shall be selected by the Board of Commissioners of Decatur County.

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 following section.

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. The provisions of this section shall not apply to a dog aiding the handicapped (i.e., guide dog) or to a dog utilized in police or rescue activities.

Dog Fighting

Dog fighting shall be enforced under the provisions of State Law.

Animal Neglect

A person that is the owner or custodian of any animal may be found to be guilty of animal neglect by a finding that anyone or more of the following conditions were allowed to exist:

1. Lack of immediately available proper drinking water or inadequate supply of potable water.


2. Lack of wholesome, palatable, and free from contamination food or sustenance to be provided in sufficient quantity.


3. Failure to provide an animal sufficient space to stand to full height, turn around, lay down and make normal postural adjustments for comfort Added- with adequate space for an animal's normal exercise..


4. The lack of providing a stationary shelter from weather such as sun, rain, wind or inclement weather or to maintain said shelter in a clean, sanitary condition free of excrement and unreasonable objectionable odors.


5. Failure to make arrangements for veterinary care, or to have an animal in possession that is known to or suspected to have an untreated injury, accidental or deliberate, or to exhibit any signs of untreated disease, shock, temperature fluctuations, tremors, swelling, open wounds, inability to eat, blistering or abnormal bleeding, partial paralysis, discharging blood or mucus.

Animal Cruelty

A person commits an act of animal cruelty when such person causes the death or unjustified physical pain and suffering of an animal or maliciously causes the death, physical harm to the animal rendering parts of the animal useless or seriously disfigured or with knowledge or intent commits any of the acts set forth in the Animal Neglect Section. This provision shall not apply to any person euthanizing an animal due to a disease or action taken to avoid pain and suffering Added- , or animals that are raised for personal consumption that are exempt in accordance with O.C.G.A. § 4-11-13.

Tethering

It shall be prohibited in unincorporated areas of Decatur County or within the limits of the County to retain or confine dogs or cats in a manner achieved by tethering a dog or cat to stationary or non-stationary objects Added- , depending upon circumstances upon approval of the Animal Control Officer.

Animal Confinement and Left Unattended in Vehicles

It shall be unlawful to leave an animal unattended Added- and unsecured in a parked vehicle without proper ventilation to prevent the animal from suffering physical distress from dangerous temperatures, lack of food or lack of water. The Decatur County Animal Control Officer or any other law enforcement shall take such action as is necessary including entry of the vehicle by any means to remove an animal from such jeopardy and may impound said animal and secure medical treatment for said animal as needed at the owner's expense. The Decatur County Animal Control Officers may take possession of any deceased animal found in any parked vehicle for purposes of determining the cause of death in question pursuant to animal neglect or cruelty of this code.

Limitation on Number of Cats

No person who is the owner or custodian of any single family residence shall have greater than six (6) cats, unless all animals are permanently confined to the actual living space of the family residence. The owner or custodian in violation must also be in compliance with Decatur County provisions as stated in this chapter. This prohibition shall not include any cat that has a litter less than four months of age which will be confined to the actual living space of the family residence.

Stray Dog and Cat

Any person who intends to provide continued care and sustenance for any dog or cat shall be deemed to be the custodian of said dog or cat unless a true and rightful owner is located in a subdivision. No person shall feed or provided sustenance to any animal, dog or cat upon the public property or private property of others, except with the express permission of the owner of said animal or property owner upon which said food or sustenance is being provided.

Abandonment

No person shall knowingly abandon any animal whether healthy, old, maimed, infirm, and sick and disabled on their own property without daily care or by abandonment off the owners premises where it may suffer injury, hunger, exposure, or become a public charge.
O.C.G.A. § 4-8-3

Dangerous, Potentially Dangerous, & Vicious Dogs
Definitions

The following definitions shall apply in the interpretation and enforcement of this article, and the following words shall have the following meanings:

1. 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.


2. 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.


3. 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.


4. 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 dogs escape either from over or from under the fence. Any such enclosure shall also provide protection from the elements for the dog.


5. 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.


6. 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.


7. Substantial Chain or Leash means a device used to restrain a dog that cannot be broken by the dog under its own power.


8. Added- Unprovoked attack means an attack or bite when an animal strikes for no apparent reason. The behavior should be unusual for the particular animal. Chronic aggressive behavior can be made by interviewing the animal's owner or by interviewing records of an appropriate authority. This will assist in determining whether an attack was indeed "unprovoked."


9. Vicious Dog means any dog that inflicts a severe injury on a human being without provocation after the owner has noticed that the dog has previously bitten or attacked or endangered the safety of a human being. Such term shall not include 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. A dog shall not be a vicious dog 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.

Vicious Dogs

It is unlawful for an owner of a vicious dog to permit the dog to be outside a proper enclosure unless the dog is restrained by a leash, properly muzzled, and is under the physical restraint of a responsible person. A vicious dog shall be immediately confiscated by an animal control officer or by a law enforcement officer or by another person authorized by the Animal Control Officer if the:

1. Vicious dog is not maintained in a proper enclosure; or


2. Vicious dog is outside a proper enclosure.

Any dog that has been confiscated under the provisions of Vicious Dog of this code section 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 forty (40) days of the date the dog was confiscated, said dog shall be destroyed in an expeditious and humane manner.

Investigation of Reports; Exemptions

Upon receiving a report of a dangerous dog or potentially dangerous dog within the County 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.Added- For enforcement of this provision, Animal Control Officer needs to be consistent with Appendix C (Operational Procedures) and Appendix B (Rules Number II).

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.

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 owners last known address of such classification or reclassification. Such notice shall be complete upon its mailing. In the alternative, at the sole discretion of the Animal Control Officer, a personal service may be made.

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.

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.

Requirements of Notice to Owner

The notice to the owner shall meet the following requirements:

1. The notice shall be in writing and mailed by certified mail to the owner's last known address;


2. 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;


3. 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;


4. The notice shall state that the hearing, if requested, shall be before the County Commission;


5. 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


6. The notice shall include a form to request a hearing before the County Commission shall provide specific instructions on mailing or delivering such request to the appropriate officials.

Hearing

When the County Clerk receives a request for a hearing before the Board of Commissioners as provided in this article, the County Clerk shall schedule such hearing within 30 days after receiving the request. The Animal Control Officer 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. During the hearing, the owner of the dog shall be given the opportunity to testify and present evidence. The Board of Commissioners may hear such other testimony as they may find reasonable and necessary to make a determination whether to sustain, modify, or overrule the Animal Control Officer's classification of the dog.

Notice of Determination after Hearing

Within ten days after the date of the hearing, the Board of Commissioners 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, potentially dangerous, or vicious dog the effective date of complying with all the provisions of this article shall be 15 days from the date of the hearing.

Certificate of Registration

It is unlawful for an owner to have or possess within this State and County a dangerous dog or potentially dangerous dog without a certificate of registration issued in accordance with the following provisions:

1. A proper enclosure to confine the dangerous or potentially dangerous dog.


2. Any dog classified as dangerous, potentially dangerous, and vicious will be required to be micro chipped for permanent identification by a licensed veterinarian at the owner's expense.


3. The animal found to be a potentially dangerous dog or dangerous dog shall be spayed or neutered within fifteen days of the Health Departments determination that said dog is a dangerous dog or a potentially dangerous dog.


4. The owner shall be required to post the premises where the animal is located with a clearly visible sign, issued by the Animal Control Officer, 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.


5. 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.


6. Added- The registration fee shall be $150.00, or as set forth in the Decatur County Planning Department Fee Schedule, which will be collected by the Planning Department for a regulatory service for a potentially dangerous dog annually and for a dangerous and vicious dog annually. One warning sign shall be issued and is included in this fee.


7. In addition to the requirements above, the owner of a dangerous dog or vicious 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 $75,000 or more in special circumstances issued by a surety company authorized to transact business in this State insuring the owner of the dangerous dog or vicious dog against liability for any personal injuries inflicted by the dangerous dog; or
   
   2) A surety bond in the amount of $75,000 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; or
   2) A surety bond in the amount of $75,000 or more issued by a surety company authorized to transact business in this State payable to any person or persons injured by the dangerous or vicious dog.


8. The owner of a dangerous dog or potentially dangerous dog shall notify the Animal 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.


9. The owner of a dangerous dog or potentially dangerous dog shall notify the Animal Control Officer if the owner and dog are moving from Animal 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.

Issuance of a certificate of registration or the renewal of certificate of registration by Decatur 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 an annual renewal of such certificate.

An animal control officer is authorized to make whatever inquiry is deemed necessary to ensure compliance with the provisions of this section.

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 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.

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 Added- muzzled restrained by a substantial chain or leash and is under the restraint of a responsible person.

Confiscation of Dangerous, Potentially Dangerous and Vicious Dogs

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

1. Owner of the dog does not secure the liability insurance or bond required in this article;


2. Dog is not validly registered as required;


3. Dog is not maintained in proper enclosure; or


4. Dog is outside a proper enclosure without specified restraints.


5. Should the owner fail to provide the document outlined in this ordinance or the provisions of this subsection, the dangerous dog SHALL be impounded.

The dangerous dog shall be held for ten (10) days during which time the owner may demonstrate compliance with the above requirements and subsection (a) through (e) above. Should the owner fail to comply with any provisions of the aforementioned section and subsections, the dog shall be subject to euthanasia.

Confiscation of Potentially Dangerous Dogs

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;


2. Not maintained in a proper enclosure; or


3. Outside a proper enclosure without specified restraints.

Return after Confiscation

Any dog that has been confiscated under the provisions of this ordinance 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 fourteen (14) days of the date the dog was confiscated, said dog shall be destroyed in an expeditious and humane manner.

ADDED - Penalties for Violation of Dangerous Dog Control

The owner of a potentially dangerous, dangerous, or vicious dog who violates any applicable provision of this ordinance shall be guilty of a misdemeanor and high aggravated nature. Upon conviction, the owner shall be punished with fine and imprisonment in accordance with O.C.G.A. § 4-8-28.

Liability

The owner of a dangerous dog, potentially dangerous dog, or vicious dog shall be solely liable for any injury to or death of a person caused by such dog. Under no circumstances shall Decatur County or any employee or official of Decatur County 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 by a dog which had 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 owner has not maintained insurance coverage or surety bond as required. Typical dangerous dog declaration notice is attached.

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Operational Procedure For Dog Bite Cases

Once a call is received from 911, Law Enforcement, Rabies Officer or any other County Official dealing with a dog bite case against a child or an adult from an aggressive, potential dangerous, dangerous or vicious dog, the following procedures will take place. OCGA 4-8-41 /2007

1. The Law Enforcement Officer will do a Bite Report and the Animal Control Officer/Dog Control Office will investigate case, i.e. interview and take statements from victim, witnesses, and owner of animal.
2. Animal Control Officer/Dog Control Officer will impound dog for a minimum of ten (10) days (The dog will be located at the Humane Society Shelter/ Animal Shelter). In the absence of the Animal Control Officer a Law Enforcement Officer will have the authority to impound the dog. (Note: Alternate quarantine location can be decided by the Animal Control Officer after investigation of the bite case.)
3. The dog will be observed for rabies by the Decatur County Environmental Health Office and by the Animal Control Officer/Dog Control Officer for aggressive behavior for a period of ten (10) days.
4. After the ten (10) day wait period is over and the animal is free of signs of rabies and dog is not labeled as a potential dangerous, dangerous, vicious dog the owner will pay fees to the shelter and the Animal Control Officer/Dog Control Officer will release the animal after the Rabies Officer signs the release.
5. If the dog is labeled as a potential dangerous, dangerous or vicious dog the Animal Control Office/Dog Control Officer will notify in writing and delivered by certified mail the classification of the dog to the owner. The owner will have to comply with the following rules within 20 days of the ruling if you wish to appeal it must be done at the local governing body at a scheduled meeting with in15 days of notification:
1. House the dog in a proper fence big enough for the dog to have room to move around, a top and a bottom to prevent escape, proved proper shelter food and water.
2. Signs posted notifying of the dangerous dog
3. Surety Bond of up to $75,000
4. Pay all fees associated to the impoundment and registration requirements set by Animal Control Ordinance.
5. Must be vaccinated and registered with the Planning Department.
6. Must meet all other requirements of the Decatur County Animal Control Ordinance
6. If the dog is not vaccinated the owner will do so within twenty-four hours of release and give the Animal Control Officer/Dog Control Officer a copy of the certificate of vaccination. If the owner does not comply they shall be citied for not complying with the State Rabies Control Law, Rule II and the Decatur County Animal Control Ordinance.