Back To Previous Page       Comment on the Proposed Ordinance in Talk Bainbridge

ARTICLE l. IN GENERAL

Sec. 10-1. Definitions

The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicated a different meaning:

Animal means any living thing other than a plant or human being.

Animal control office/department means any person or agency designated by the county enforcement officer or agency for the specific purpose of enforcement of this chapter.

Animal shelter means any facility operated by the county or its authorized agents for the purpose of impounding or caring for animals held under the authority of this chapter.

Cat means any member of the feline family of any age.

City means any municipality within the county that has duly adopted this chapter.

Dog means any member of the canine family, regardless of age, including pet foxes, wolves, etc.

Domestic animal means any animal kept for pleasure rather then utility.

Enclosure means any uncovered, enclosed parcel of land where animals or fowl are kept.

Guard dog means any dog trained to attack persons or animals independently or upon verbal command, and any dog that, while not so trained, has a known propensity to attack persons or animals and is used for the purpose of providing security to any person or premises.

Nuisance animal means any animal that:

(1) Molests passerby or passing vehicles;
(2) Attacks other animals;
(3) Trespasses on school grounds;
(4) Is repeatedly at large;
(5) Damages private or public property
(6) Barks, whines, or howls in an excessive, continuous, or untimely fashion; or
(7) Constitutes a nuisance as the term is defined by the law of this state.

Owner means any includes any person having a right of property in an animal or who keeps or harbors an animal or has its care, or who permits any animal to remain on or about premises owned, possessed, or occupied by him, or who voluntarily abandons an animal or who runs an animal away after possessing or owning it.

Rabies certificate means 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 animal control center.

Running at large means any animal, other than a hunting dog while hunting, not confined by its owner or keeper within the walls or a fence of proper design, controlled by a leash, or kept in some manner as to keep it from coming in contact with members of the public.

Unrestrained animal means any animal not secured by leash or lead at least six feet in length, and not longer than 20 feet in length, or inside a fenced area within the real property limits of its owner.

Vaccinate or inoculate means the injection into the body of a dog or cat os an approved anti-rabies vaccine prescribed by the state, 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.

Veterinarian means 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 in the state.  The number of the veterinary license shall be the same as that recorded by the state board of veterinary.  

Vicious animal means any animal that constitutes a physical threat to human beings or other animals.

Sec. 10-2. Animal Control Board
(a) There is hereby established an Animal Control Board.  The board shall consist of the following members:
(1)    the vice-chairman of the county commission
(2)    the county administrator
(3)    a citizen member to be appointed by the board of commissioners for a term of three years

(b) The vice-chairman of the county commission member shall serve as chairman of the Animal Control Board.
(c) The Board of Animal Control shall meet as directed by the chairman to conduct any hearing provided for under this chapter, but not less than twice a year.  

Sec. 10-3.  Animal Control Officer

(a) There shall be created the position of Animal Control Officer.  The Animal Control Officer shall be appointed or designated by the board of commissioners, and shall enforce the provisions of this article.
(b) The Animal Control Officer shall submit a written report, quarterly, to the Animal Control Board.  The report shall summarize the activities of the Animal Control Officer for the preceding three month period.

Sec. 10-4. Enforcement.

The civil and criminal provisions of this chapter shall be enforced by those persons or agencies designated by the county and cities.  The animal control officer shall have the power to conduct such investigations as he may reasonably deem necessary to carry out his duties as referred to in this chapter, and for this purpose to enter at any reasonable time upon any property, public or private, for the purpose of investigating suspected violations of this chapter.  It shall be unlawful for any person to interfere with an identified animal control officer in the performance of his duties.

Sec. 10-5.  Violations

Whenever the county health department has determined that any provision of this chapter has been  violated, prior to filing a warrant or accusation pertaining to such violation, the county health director may serve the owner of the premises on which violation has occurred with a copy of this chapter, provide such owner written notice of the violation, and allow such owner a reasonable time as determined by the county health director or his representative, but not exceeding 30 days, in order to permit such owner to avoid prosecution by correcting the condition constituting the violation.

Sec. 10-6. Penalties.

Whenever in this chapter, including any conditions or safeguards established in connection with the grant of any variance or special exception by the county, any act is prohibited or os made or declared to be unlawful, or whenever in such chapter the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violator of such provision of this chapter shall, upon conviction thereof, be punished as provided in section 1-19. Nothing contained in this section shall prevent the county from taking such other lawful action as is necessary to prevent or remedy any violation of this chapter.

Sec. 10-7. Magistrate Jurisdiction.

The magistrate court of the county shall have jurisdiction over all alleged violations of any portion of this article and shall have all powers granted to it which necessary and incident to the hearing and disposition of matters brought before the court, such powers to include the authority to issue citations and summons for witnesses.  The following persons have standing to file complaints for violations of this chapter:
(1) Animal control officer or his agent.
(2) Other law enforcement officer.
(3) Public health officials.
(4) Individuals with personal knowledge of the violation upon filing a sworn complaint with the magistrate court.

ARTICLE II. VACCINATION, IMPOUNDMENT

Sec. 10-36. Vaccinations
(a) No person shall be allowed to vaccinate dogs or cats against rabies who is not licensed to practice veterinary medicine in the state.
(b) A veterinarian or any person having vaccinated dogs or cats against rabies with inferior vaccine or any drug, chemical, or biological material, which is nor specified in this article or that has not been approved by the health department, or who violated any provision of this article, in whole or in part, shall not be permitted to vaccinate dogs or cats against rabies.

Sec. 10-37. Impoundment of animals.
(a) Any dog found within the county 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.  Any dog found within the county 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.
(b) When any animal whose owner is unknown or incapable of being located is impounded subject to the provisions of this article, and such animal is injured or otherwise in a state of suffering, it shall thereupon be the duty of the animal control officer to obtain the opinion of a licensed practicing veterinarian as to the extent of such suffering or injury to such animal.  When such opinion is that euthanasia should be performed, it shall then become the duty of the animal control officer to authorize such euthanasia.  If the owner is located, it shall be done at the owner's expense.
(c) Any dog or cat impounded under this chapter whose owner, possessor, or representative shall not come forward within three working days after the impoundment and pay the license tax and the fees specified in this chapter shall be put up for adoption or euthanasia in some humane way.

Sec. 10-38. 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.

ARTICLE III. UNRESTRAINED ANIMALS

Sec. 10-71. Dogs, cats, or livestock running at large prohibited.
(a) It shall be unlawful for the owner or keeper of any cat or dog, other than a hunting dog during hunting season to permit them to run at large in the county, or to stray from the premises of the owner or keeper, or go upon the premises of any other person.

(1)     Hunting dogs will be allowed to run wooded areas, where permitted by the owner of the property, during deer hunting season as established by federal and/or state laws and regulations.
(2)     All hunting dogs shall bear tags containing the owner's name, address, and phone number.
(3)     All hunting dogs shall be vaccinated in accordance with state rabies shot 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 unit, the dog shall be boarded for a minimum of five days by the animal control unit at the boarding costs provided in this article.  No penalties shall be charged.
(6)     If an owner does not repossess his dog within five days of the dog's having been taken into the custody of the animal control unit, the dog shall be treated as abandoned.   

(b)      It shall be unlawful for the owner of any animal other than a dog or cat, including but not limited to cattle, sheep, goats, pigs, and horses, to allow such animal to feed or to be loose on any part of the right-of-way of any public road of the county.

Sec. 10-73. Confinement of animals.

(a)    Unrestrained dogs, nuisance animals, and animals found running at large shall be taken by the animal control officers of the county and impounded in the shelter and confined in a humane manner.
(b)    Impounded dogs and cats shall be kept for not less than three working days depending upon the physical condition of the animal, except where such dog or cat is found to be a nuisance, in which event the dog or cat shall be disposed of as required by the magistrate court judge.
(c)   Any owner reclaiming an impounded cat or dog shall pay a fee as set forth in the schedule of fees and charges on file on the office of the county clerk.
(d)    Any person adopting an impounded cat or dog shall be required to pay an adoption fee as set forth in the schedule of fees and charges on file in the office of the county clerk; except that the fee shall be waived the county humane society on animals they select to hold for adoption.

Sec. 10-74. Nuisance

Upon finding by the magistrate judge of the county, or the municipal judge of any city that any animal constitutes a public nuisance, the judge may order the owner or custodian to abate the nuisance by permanently removing the animal from the county limits or by whatever other means the judge deems reasonably likely to abate the nuisance.  If the owner or custodian fails to abide by such order, the judge, after a hearing, may order the animal to be destroyed by the animal control office.

ARTICLE IV. DANGEROUS DOG CONTROL

Sec. 10-80. Definitions

The following words, terms and phrases, when used in this article, 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)   Inflicts a severe injury on a human being without provocation on public or private property at any time; 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.

Animal control officer means an individual selected by the county commissioner to aid in the administration and enforcement of this article.  The animal control officer shall not be authorized to make arrests.

Owner means any natural person or legal entity, including but not limited to, a corporation, partnership, firm or trust owning, possessing, harboring, keeping or having custody of a dangerous dog or potentially dangerous within this county.

Potentially dangerous dog means any dog that without provocation bites a human being on public or private property.

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 o prevent the dog from escaping.  Any such pen or structure shall have secure sides and a secure top, and 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 under the fence.  Any such enclosure shall also provide protection from the elements for the dog..

Records means records of any state or county agency; records of any county board of health; records of any federal, state, or local court; or records of the dangerous dog control officer provided for in this article.

Sec.  10-81. Exemption.

A dog that inflicts and causes 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 potentially dangerous dog within the meaning of this article of 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 reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime.

Sec. 10-82. Jurisdiction.

This article shall govern the unincorporated  area of the county.

Sec. 10-83. Investigations; notice of classification.

(a)    Upon receiving a report of a dangerous dog within a animal control officer's jurisdiction from a law enforcement agency, animal control agency, rabies control officer, or county board of health, the 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.  
(b)    When the animal control officer classifies a dog as a dangerous dog or reclassifies a potentially dangerous dog as a dangerous dog, the animal control officer shall notify the dog's owner in writing by certified mail to the owner's last known address of such classification or reclassification.  Such notice shall be complete upon its mailing.

Sec. 10-84. Procedures for classification; notice; hearing.

(a)    As applied to the owners of potentially dangerous dogs, the procedures provided for in this section shall 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 section shall not be an essential element of any crime provided for in this article.
(b)    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.
(c)    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 address.
(2)    The notice shall include a summary of the dangerous control officer's findings that form the basis for dog's classification as a dangerous dog 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 dog 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 Animal Control Board.
(5)    The notice shall state that if a hearing is not requested, the animal control officer's determination that a dog is a dangerous dog or 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.
(6)    The notice shall include a form to request a hearing before the Animal Control Board and shall provide specific instructions on mailing or delivering such request to the Animal Control Board.

(d)    When the Animal Control Board receives a request for a hearing as provided in subsection (c) of this  section, he shall  schedule such hearing within 30 days after receiving the request.  The Animal Control Board shall notify the dog owner in writing be certified mail of the date, time and place 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 Animal Control Board shall receive such other evidence and hear such other testimony he may find reasonably necessary to make a determination, either to sustain, modify, or overrule the dangerous dog control officer's classification of the dog.
(e)    Within ten days after the date of the hearing, the Animal Control Board shall notify the dog owner in writing by certified mail of his determination on the matter.  If such determination is that the dog is a dangerous dog or potentially dangerous dog, the notice shall specify the date upon which that determination is effective.  

Sec. 10-85. Requirements for possession; registration; insurance; notice; enforcement of
article.

(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.
(b)    Subject to the additional requirements of subsection (c) of this section for dangerous dogs, the animal control officer shall issue a certificate of registration to the owner of a dangerous or a potentially dangerous dog in this county if the owner presents to the animal control officer or the animal control officer finds sufficient evidence of :

(1)    A proper enclosure to confine the dangerous dog or potentially dangerous dog; and
(2)    The posting on 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.  Such sign shall conform to the design provided by the department of natural resources:
a.  The sign shall be in the shape of a diamond, similar to a standard highway warning sign, made of 0.08 gauge aluminum sheeting and measuring 12x12 inches.
b.  The circle shall measure 10 ¾ inches in diameter.  The figure of the person shall measure five inches from the top of its finger to the bottom of its feet.  The top of the dog's tail to the person's elbow shall measure 6 ¾ inches. The word "DANGER!" shall measure 1 1/8 inches by six inches.
c.  The sign shall be in two colors:  standard highway yellow and black.  The circle, the figures of the person and the dog, and the word "DANGER!" shall be in black.  The background and remainder of the sign shall be in yellow.
d.  An original sign shall be assigned to the owner at the time of registration of a dangerous dog or potentially dangerous dog.  The owner will be charged the full cost for a replacement sign if the original sign os lost, destroyed, or damaged.

(c)  In addition to the requirements of subsection (b) of this section, the owner of a dangerous dog shall present to the dangerous dog control officer evidence of :

(1)    A policy of insurance in the amount of at least $15,000.00 or more 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 at least $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 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 name, address, and telephone number of the new owner of the dog.
(e) The owner of a dangerous dog or potentially dangerous dog shall notify the animal control officer of the owner is moving from the animal control officer's jurisdiction.  
(f)  The animal control officer is authorized to make whatever inquiry is deemed necessary to ensure compliance with the provisions of this article.  Law enforcement agencies shall cooperate with the dangerous dog control officer in enforcing the provisions of this article.
(g) Certificates of registration shall be renewed on an annual basis.  At the time of the annual renewal of a certificate of registration, the animal control officer shall require evidence from the owner or make such investigations 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 article.

Sec. 10-86. Restrictions on permitting dogs to be outside proper enclosure.

(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 a 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.

Sec. 10-87. Confiscation of dog; grounds; disposition.

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

(1)    Owner of the dog does not secure the liability insurance or bond required by section 10-85 (c);
(2)    Dog is not validly registered as required by section 10-85(b);
(3)    Dog is not maintained in a proper enclosure; or
(4)    Dog is outside a proper enclosure in violation of section 10-86 (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 10-85;
(2)    Not maintained in the proper enclosure; or
(3)    Outside a proper enclosure in violation of section 10-86 (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 article and upon the payment of reasonable confiscation costs.  If the owner has not complied with the provisions of this article within 20 days of the date the dog was confiscated, such dog shall be destroyed in an expeditious and humane manner.  

Sec. 10-88. Violations; penalties.

(a)  Violations of the provisions of this article shall be punished as provided in section 1-19 of this Code.
(b)  In addition to any penalties which may be imposed under this section, the dangerous dog involved shall be immediately confiscated by the animal control officer or by a law enforcement officer or another person authorized by the dangerous dog control officer and placed in quarantine for the proper length of time as determined by the county board of health, and, thereafter, the dangerous dog shall be destroyed in an expeditious and humane manner.  
(c)  No owner of a dangerous dog shall be held criminally liable under this article for injuries inflicted by such owner's dog to any human being while on the owner's property.

ARTICLE V. ANIMAL CARE

Sec. 10-89. Keeping of dogs and cats.

(a)     No person shall raise or keep or permit to be raised or kept on premises that he owns or controls inside the county limits or the limits of any municipality in the county any dog or cat unless:

(1)    Each part of the premises of which such animal has access is at least 50 feet city/100 feet county from the nearest occupied dwelling house or business establishment of another person, and at least ten feet from any boundary or property line.
(2)    Cages or other shelters for such animals are kept clean.
(3)    Pens and other enclosures are well drained.

(b)    It shall be unlawful for any person to keep any unrestrained dog other than a hunting dog.

Sec. 10-90. Keeping horse, livestock, and other animals.

(a)    Keeping of horses, mules, asses, cows, sheep, goats, hogs, dogs, rabbits, guinea pigs, hamsters, chickens, turkeys, geese, ducks, pigeons, or similar fowl or animals, shall be prohibited except under the following conditions:

(1)   Any housing or enclosure used by such animals or fowl shall be well-drained and free from accumulations, and animal excrement shall be disposed of in a manner approved by the health officer.
(2)    Horse stables (not enclosure or fences) shall be a minimum of 200 feet from any occupied building except the dwelling unit of he owner unless the owner of the adjacent building and the health officer give permission for a lesser distance.
(3)    Such animals or fowls shall be kept at the following minimum distances from any occupied building except for the dwelling unit of the owner:

Horses, mules, cattle, sheep, goats, or similar animals - 200 feet

Swine (less than 4) - 300 feet

Swine (4 or more) - 900 feet

Dogs (4 or more) - 100 feet

Rabbits, guinea pigs, hamsters, and similar animals (5 or more) - 200 feet

Chickens, turkeys, geese, ducks, pigeons, or similar fowl (5 or more) - 200 feet

(4)    Animals and fowl not specifically mentioned in this chapter shall be kept at minimum distances deemed reasonably and necessary by the health officer or animal control officer.
(5)    All animals or fowl, except cats and dogs in areas where confinement of dogs under the rabies control regulations does not apply, shall be kept in adequate enclosures or tethered.

(b)     Diseased animals or fowl that might infest healthy animals or cause a menace to the public health shall be isolated or destroyed as the health officer deems necessary.
(c)     In the case of bona fide licensed pet shops, veterinary hospitals, stockyards, poultry houses, and similar commercial establishments, the health officer may modify these requirements where under due hardship would result from their strict enforcement.

Sec. 10-91. General care and feeding.

(a)     No owner shall fail to provide his animal with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and humane care and treatment.
(b)     No person shall beat, cruelly ill treat, torment, overload, overwork, or otherwise abuse an animal, or cause, instigate, or permit any dogfight or other combat between animals or between animals and humans.  
(c)     No owner of an animal shall abandon the animal.

Sec. 10-92. Animal waste.

The owner of every animal shall be responsible for the removal of any excrement deposited by his animal on public walks, recreation area, or private/public property, or county/city buildings.

Sec. 10-93. Care of injured animals.

Any person who, as the operator of a motor vehicle, strikes a domestic animal shall immediately report the death or injury to the animal owner or to the animal control department.

Sec. 10-94. Rabies inoculation.

(a)    Required. All dogs and cats housed, kept, or boarded within the county/city shall be inoculated annually against rabies.
(b)    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 section.  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 animals shall be removed from or 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, stating 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 animal is kept shall be posted by the health department with signs to read as follow: "Rabies suspected" or "Rabies, keep away from animal".  Such signs shall be consciously 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 with a quarantine area having in their possession an animal subject to rabies or to the terms of this section shall be given written notice of the quarantine, the animal subject thereto, and an order to confine such 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.
(6)   The violation by any person of any quarantine order issued by the health officer shall be violation of this chapter, and the person so violating shall be subject to all the penalties prescribed by law for a violation.

Sec. 1-19. General penalty, continuing violations; authority granted to court.

(a)    O.C.G.A. § 36-1-20 gives the board of commissioners, for the purpose of protecting and preserving the public health, safety, and welfare, authorization to adopt resolutions and ordinances for the governing and policing of the unincorporated  areas of the county, violations of which resolutions and ordinances may be punished by fine or imprisonment or both.
(b)    The Georgia General Assembly, in 1991, amended O.C.G.A. § 36-1-20, relating to resolutions and ordinances for governing and policing unincorporated areas of the county, so as to increase the maximum fine from $500.00 to $1,000.00.
(c)    O.C.G.A. § 36-1-20 gives jurisdiction over violations of county resolutions and ordinances to the magistrate court of the county.
(d)    O.C.G.A. § 36-1-20 is hereby incorporated as part of the Official Code of Decatur, County, Georgia.
(e)    Whenever in this Code or in any resolution or ordinance of the county any act is prohibited or is made or declared to be unlawful or an offense, or whenever in this Code or any resolution or ordinance the doing of any act is required, and the failure to do such act is declared to be unlawful, and no specific penalty is provided therefor, and unless otherwise provided by state law, the violation of any such provision of this Code or any such resolution or ordinance shall be punished by fine not to exceed the maximum amount authorized by O.C.G.A. § 36-1-20 and imprisonment, or both such fine and imprisonment.  Each day any violation of this Code or of any resolution or ordinance shall constitute a separate offense.
(f)    The judge of the magistrate court shall have the power and authority to:

(1)  Impose upon persons convicted in the magistrate court the fines provided for in this Code, the resolutions and ordinances of the county, or as otherwise provided by law, with the alternative of other punishment allowed by law, if such fines are not paid;
(2)  Sentence such person to community service work; or
(3)  Impose a sentence consisting of any combination of the penalties provided for in this section.

(g)    The judge of the magistrate court shall have full power and authority to declare the forfeiture of bonds given by offenders for their appearance before the court upon the offender's failure to appear as provided for in such bond.  The procedure for the forfeiture of such bonds shall be as is provided for the forfeiture of bonds and recognizance set forth in O.C.G.A. § 17-6-70 et. seq.

Comment on the Proposed Ordinance in Talk Bainbridge

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