Can anyone help me decipher my city code? Im not sure if it says I can or Cant keep poultry. I talked to one city official that said i can and one that said I cant.
from Muni Code
CHAPTER 4-1. ANIMAL CONTROL*
Article 1. General Provisions
Sec. 4-1-1. Definitions.
Article 2. Duties and Prohibitions Relating
to Control of Animals
Sec. 4-1-2. Keeping domestic animals under control.
Sec. 4-1-3. Specific Requirements for Confinement.
Sec. 4-1-4. Prohibitions for domestic animals.
Sec. 4-1-5. Livestock running at large.
Sec. 4-1-6. Control and removal of animal wastes.
Sec. 4-1-7. Guard dogs.
Sec. 4-1-8. Identification and inoculation.
Sec. 4-1-9. Animal giveaway.
Sec. 4-1-10. Obstruction of officer.
Article 3. Abuse of Animals
Sec. 4-1-11. Abuse of animals.
Sec. 4-1-12. Bird sanctuary.
Article 4. Fees and Penalties
Sec. 4-1-13. Fees.
Sec. 4-1-14. Penalty.
Article 5. Official Powers and Authority
of Animal Control
Sec. 4-1-15. Power to issue citation.
Sec. 4-1-16. Injured animals.
Sec. 4-1-17. Impoundment of animals.
Sec. 4-1-18. Disposition of impounded animals.
Sec. 4-1-19. Enforcement.
Sec. 4-1-20. Confinement of biting animals.
Sec. 4-1-21. Redemption of impounded animals.
Sec. 4-1-22. Adoption of animals.
Sec. 4-1-23. Escape, injury or theft.
Sec. 4-1-24. Records.
Sec. 4-1-25. Regulation of dangerous and potentially dangerous dogs.
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*Editor's note: An ordinance enacted Dec. 1, 1998, amended Ch. 4-1 by deleting said chapter in its entirety and substituting new provisions in lieu thereof. Prior to this amendment, Ch. 4-1 contained similar subject matter and was derived from ordinances enacted Sept. 1, 1992, and May 4, 1993.
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ARTICLE 1. GENERAL PROVISIONS
Sec. 4-1-1. Definitions.
The following definitions shall apply in the interpretation and enforcement of this chapter:
Domestic animal means any dog, cat, or other legally owned animal not defined as wildlife, livestock, or nontraditional livestock.
Guard dog means any dog which has been trained to attack persons or other animals independently or upon verbal command and any dog which, while not so trained, is reasonably expected to perform as a guardian of the property upon and within which he is located.
Livestock means cattle, swine, equines, poultry, sheep, goats, ratites, nontraditional livestock and ruminants.
Nontraditional livestock means the species of Artiodactyla (even-toed ungulates) listed as bison, water buffalo, farmed deer, llamas and alpacas that are held and possessed legally and in a manner which is not in conflict with the provisions of O.C.G.A. chapter 5, title 27 dealing with wild animals.
Owner means any person who owns, keeps, harbors, possesses or otherwise keeps any domestic, nontraditional livestock or livestock animal for a period of 14 days, or any person who knowingly permits any domestic, nontraditional livestock or livestock animal to be kept, harbored, possessed, or otherwise kept upon his premises for a period of 14 days, or who has any animal under his or her care or responsibility, either temporarily or permanently, at any time, within Athens-Clarke County.
Person means any individual, firm, partnership, corporation, joint venture, association, estate, trust, business trust, receiver, syndicate or other group or combination acting as a unit.
Potentially dangerous dog means any dog as defined in O.C.G.A. §§ 4-8-21(6) and 4-8-21(b) or any dog that without provocation causes severe injury or death to another dog or cat, except that a dog that inflicts an injury upon another dog or cat 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 potentially dangerous dog within the meaning of this definition. In addition, a dog shall not be a potentially dangerous dog within the meaning of this definition if the injury inflicted by the dog was sustained by another dog or cat that, at the time, was not under control as defined in this section.
Proper enclosure means an enclosure for keeping a dog while on the owner's property securely confined indoors or in a securely enclosed and locked pen, fence, or structure suitable to prevent the entry of young children and designed to prevent the dog from escaping. Any such pen or structure shall have secure sides and a secure top, or, if the dog is enclosed within a fence, all sides of the fence shall be of sufficient height and the bottom of the fence shall be constructed or secured in such a manner as to prevent the dog's escape either from over or from under the fence. Such enclosure must be approved by the animal control superintendent.
Severe injury to another dog or cat means any unprovoked physical injury that results in broken bones or severe lacerations requiring multiple sutures or surgery or a physical injury that results in death.
Wildlife means any vertebrate or invertebrate animal life indigenous to this state or any species introduced or specified by the Department of Natural Resources and includes fish, except domestic fish produced by an aquaculturist registered under O.C.G.A. § 27-4-255, mammals, birds, amphibians, reptiles, crustaceans and mollusks or any part thereof.
(Ord. of 12-1-98, § 1; Ord. of 2-1-2000, § 1; Ord. of 6-3-2003, §§ 1--3; Ord. of 8-3-2004, §§ 1, 2; Ord. of 4-4-2006, § 1)
ARTICLE 2. DUTIES AND PROHIBITIONS RELATING TO CONTROL OF ANIMALS
Sec. 4-1-2. Keeping domestic animals under control.
(a) It shall be unlawful for any owner of a domestic animal not to control the animal at all times through one of the following means:
(1) On a leash when off the property of the owner;
(2) Within the passenger area of a vehicle driven or parked on the streets;
(3) Within the property limits of its owner and attended by its owner; or
(4) Confined within the property limits of its owner or of another with the permission of the person in control of the property.
Confined means in a building, pen or fenced area or other structure built to prevent intrusion or escape by any dog.
(b) It shall be unlawful for any owner of a domestic animal to chain, tie, fasten or otherwise tether the animal to dog houses, trees, fences, vehicles or other stationary objects as a means of confinement except that the animal may be temporarily confined by a tether while attended by its owner.
(Ord. of 12-1-98, § 1; Ord. of 6-3-2003, § 4; Ord. of 4-4-2006, § 2; Ord. of 11-6-2007, § 1)
Sec. 4-1-3. Specific requirements for confinement
It shall be an offense for any owner of a domestic animal not to satisfy the following requirements:
(a) Any tether used to temporarily confine an animal while attended by its owner must be attached to a collar or harness and shall not be wrapped directly around the animal's neck. Such tethers shall not be excessively heavy or weighted so as to inhibit the animal's movement.
(b) All domestic animals shall be provided with sanitary shelter from the elements. Said shelter shall be designed, constructed and maintained to protect the animal from rain, snow, ice, excessive cold, excessive heat and excessive direct sunlight, and of a size to allow the animal sufficient space to stand, turn around, and lie down, and make all other normal body movements in a normal and comfortable position appropriate to the age, size, and health of the animal. Examples of inadequate shelter include, but are not limited to, lean-tos, metal or plastic drums, boxes, vehicles, or the area on or beneath exposed porches or decks. Nothing in this subsection shall be construed to prevent the transportation and temporary confinement of a domestic animal within the passenger area of a vehicle provided that the animal is provided adequate ventilation and temperature control in order to protect the animal from excessive heat or cold.
(c) All domestic animals shall be provided with clean, potable water at all times.
(d) An owner must promptly remove and dispose of animal excrement and food wastes and debris so as to minimize vermin infestation, contamination, odors, and disease hazards.
(e) All domestic animals shall be provided with a safe and sanitary confinement area constructed to confine the animal, to protect the animal from injury, and of a sufficient space to allow for adequate exercise suitable to the age, size, species, and breed of animal. The area shall have a means to rapidly eliminate excess water and minimize mud.
(Ord. of 11-6-2007, § 2)
Editor's note: Prior to the reenactment of section 4-1-3 by ordinance 11-6-07, section 3 of an ordinance of April 4, 2006, amended the Code by repealing former § 4-1-3, which pertained to animals in parks, and derived from ordinances of December 1, 1998; June 3, 2003; and April 4, 2006.
Sec. 4-1-4. Prohibitions for domestic animals.
It shall be unlawful for any person to permit a domestic animal under his or her ownership or possession to do the following:
(a) Go upon the property of any person other than its owner or keeper without the express consent of such other owner or occupant;
(b) Attack or act so as to menace pedestrians or other persons using public ways or on the property of another.
Pending an adjudication for any citation for a violation of this subparagraph (b), the person cited shall be required to maintain the dog in a proper enclosure, as defined in this chapter. Any person convicted of violating this subsection, in addition to penalties provided for in section 4-1-14, shall be required to maintain the dog in a proper enclosure, as defined in this chapter.
(c) Disturb the peace of any other person by loud, persistent, habitual barking, howling, growling, yelping or whining.
No person shall be charged with violating this subsection unless written warning has previously been issued within 90 days of the charged violation.
No citation for violation of this subsection shall be issued unless there are at least two complaining witnesses who shall have signed a written statement stating the address of the dog owner, a description of the dog and of the offense and the date, time and location of the offense;
(d) Reserved.
(e) Be in heat and not be confined in an enclosure to the property of its owner or keeper.
(Ord. of 12-1-98, § 1; Ord. of 6-5-2001, § 1; Ord. of 6-3-2003, § 6; Ord. of 8-3-2004, § 3; Ord. of 10-5-2004, § 1; Ord. of 4-4-2006, § 4; Ord. of 11-6-2007, § 3)
Sec. 4-1-5. Livestock running at large.
It shall be unlawful for the owner or keeper of any hog, cattle, mule, sheep, goat, fowl or any other livestock or nontraditional livestock animal to permit it to run at large in the limits of Athens-Clarke County or to stray from the property of the owner or keeper or to go upon the premises of any other person.
(Ord. of 12-1-98, § 1)
Sec. 4-1-6. Control and removal of animal wastes.
(a) It shall be unlawful for the owner of any animal to refuse or fail to immediately remove any feces deposited by such animal upon public sidewalks, public streets, public parks or other public property in Athens-Clarke County, or upon any private property within Athens-Clarke County not under the exclusive use and control of said owner or keeper.
(b) It shall be unlawful for the owner of any animal to permit such animal to defecate or urinate upon any private property except that upon which he or she resides or owns unless he or she has the permission of the owner of such other private property.
(Ord. of 12-1-98, § 1; Ord. of 11-6-2007, § 4)
Sec. 4-1-7. Guard dogs.
It shall be the duty of the owner, tenant or custodian of any residential or commercial property on which a guard dog is kept for security purposes to post a notice in a prominent and conspicuous location on such property. Such notice shall comprise the words "Warning Guard Dog" and shall be in clearly contrasting color. Such letters shall be not less than one inch in width and not less than five inches in height. If a guard dog is confined within a fenced area, such notice shall be conspicuously posted upon such fence at every entrance and exit of the fence.
(Ord. of 12-1-98, § 1)
Sec. 4-1-8. Identification and inoculation.
It shall be unlawful for any person to own, possess or maintain any dog or cat that does not have a current rabies inoculation and any such dog or cat shall wear at all times a securely attached collar about its neck displaying such current rabies tag.
(Ord. of 12-1-98, § 1)
Sec. 4-1-9. Animal giveaway.
No person in Athens-Clarke County shall give away any live animal, fish, reptile or bird as a prize for, or as an inducement to enter, any contest, game, or other competition, or as an inducement to enter a place of amusement, or offer such animal as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade.
(Ord. of 12-1-98, § 1)
Sec. 4-1-10. Obstruction of officer.
(a) It shall be unlawful for any person to hinder, interfere, harass or otherwise obstruct the performance of any officer of the Athens-Clarke County Animal Control Division in the official performance of his or her duties as provided for in this chapter.
(b) It shall be unlawful for any person to relocate, interfere with, or alter the operation of any device, equipment, or item of the Athens-Clarke County Animal Control Division.
(c) It shall be unlawful for any person to place their own animal into or remove any animal confined within a trap or cage operated by the Athens-Clarke County Animal Control Division.
(d) It shall be unlawful for any person to give a false name, address or date of birth to any officer, employee or agent of the animal control division in the lawful discharge of his or her official duties with the intent to mislead such officer, employee or agent in any way.
(Ord. of 12-1-98, § 1)
ARTICLE 3. ABUSE OF ANIMALS
Sec. 4-1-11. Abuse of animals.
The animal control officers of the Athens-Clarke County Animal Control Division shall be authorized to enforce the provisions of Title 4, Chapter 11, Article 1 of the Official Code of Georgia Annotated, entitled "the Georgia Animal Protection Act" (O.C.G.A. § 4-11-2 et seq.).
(Ord. of 12-1-98, § 1; Ord. of 6-5-2001, § 2)
Sec. 4-1-12. Bird sanctuary.
The entire area embraced within the limits of the urban service area of Athens-Clarke County is hereby designated as a bird sanctuary. It shall be unlawful for any person to trap, hunt, shoot or attempt to shoot, or molest in any manner any bird or fowl or to rob a bird's nest or wild fowl's nest; provided, however, if starlings or similar birds are found to be congregating in such numbers in a particular locality so as to constitute a nuisance or a menace to health or property in the opinion of the proper health authorities in Athens-Clarke County, such birds may be destroyed as humanely as possible in such numbers and in such manner as is deemed advisable by the health authorities under the supervision of the police department.
(Ord. of 12-1-98, § 1)
ARTICLE 4. FEES AND PENALTIES
Sec. 4-1-13. Fees.
(a) Any person reclaiming a neutered male dog, spayed female dog, or any other animal shall pay a $25.00 impoundment fee for the first impoundment, $30.00 for the second impoundment and $35.00 for each subsequent impoundment. In addition to the above, $5.00 per day will be charged for boarding plus the cost of inoculations and/or veterinary services.
(b) Any person reclaiming an unneutered male or unspayed female dog shall pay $50.00 for the first impoundment, $75.00 for the second impoundment and $100.00 for each subsequent impoundment. In addition to the above, $5.00 per day will be charged for boarding plus the cost of inoculations and/or veterinary services.
(c) The fee for adoptions shall be $50.00. However, upon proof of neutering or spaying, there shall be a refund of $25.00 from Athens-Clarke County.
(d) There shall be a registration fee of $100.00 for all dangerous and potentially dangerous dogs in Athens-Clarke County. Such registration is to be renewed on an annual basis.
(Ord. of 12-1-98, § 1; Ord. of 8-5-2003, §§ 1, 2)
Sec. 4-1-14. Penalty.
(a) Except as otherwise provided in paragraph (b) below, any person violating this chapter shall be punished pursuant to the provisions of section 1-1-5 of the Code of Athens-Clarke County.
(b) Any person violating section 4-1-4(b) or 4-1-25 of this chapter shall be punished by a fine of not less than $300.00 for the first offense and not less than $400.00 for any subsequent offenses in addition to any other penalty provided in section 1-1-5.
(Ord. of 12-1-98, § 1; Ord. of 10-2-2001, § 1; Ord. of 6-3-2003, § 7; Ord. of 8-3-2004, § 4)
ARTICLE 5. OFFICIAL POWERS AND AUTHORITY OF ANIMAL CONTROL
Sec. 4-1-15. Power to issue citation.
Officers of the Athens-Clarke County Animal Control Division, the community protection division, the police department, or the marshal are hereby authorized to issue a summons relative to the enforcement of this chapter.
(Ord. of 12-1-98, § 1; Ord. of 10-5-2004, § 2)
Sec. 4-1-16. Injured animals.
The superintendent of the animal control division shall have the authority humanely to dispose of impounded animals which are diseased or injured whenever it shall appear that any such animal is suffering great pain and whenever one of the following applies:
(1) No determination as to the owner can be made after a reasonable inquiry or investigation; or
(2) The owner cannot be contacted within a reasonable amount of time; or
(3) The owner refuses to claim the animal immediately and accept financial responsibility for necessary veterinary treatment.
(Ord. of 12-1-98, § 1; Ord. of 10-5-2004, § 3)
Sec. 4-1-17. Impoundment of animals.
Except as otherwise provided for by state law, any domestic, nontraditional livestock or livestock animal that is in violation of this chapter, whether or not the animal is on public or private property, may be, but is not required to be, impounded by the Athens-Clarke County Animal Control Division in accordance with rules and regulations adopted pursuant to this chapter.
(Ord. of 12-1-98, § 1; Ord. of 2-1-2000, § 2)
Sec. 4-1-18. Disposition of impounded animals.
(a) If an animal remains unclaimed within the prescribed amount of time, then the superintendent of the animal control division, or his designees, shall be authorized either to dispose of such animal in as humane and painless a manner as possible or to donate such animal to a non-profit institution or agency for the purpose of humane placement or rescue.
(b) No live animal in the possession of the Athens-Clarke County Animal Control Division shall be released, sold or given to any individual, institution, or private firm for the purposes of medical and scientific research.
(c) When calculating the prescribed amount of time for the execution of rights or responsibilities in this chapter, each day that the animal control facility is open shall be counted, except for the first day that an animal is impounded shall not be counted.
(Ord. of 12-1-98, § 1; Ord. of 10-5-2004, § 4; Ord. of 8-17-2006, § 1)
Sec. 4-1-19. Enforcement.
This chapter shall be enforced by the superintendent of the Athens-Clarke County Animal Control Division. Upon information known to, or a signed written statement lodged with, the superintendent or authorized officers of the animal control division that any owner of an animal is in violation of this chapter, a summons may be served upon authority of the superintendent by authorized officers requiring the owner of the animal to appear before the Athens-Clarke County Municipal Court on a day and time certain to stand trial for violation of this chapter. If such violation has not been witnessed by an officer, a subpoena may be issued to the person supplying the information on which a formal charge may be made to appear at said time and date to testify on behalf of Athens-Clarke County. The superintendent or authorized officers of the animal control division are authorized to use necessary means to obtain warrants or subpoenas from municipal court or magistrate court for the purpose of enforcing this chapter.
(Ord. of 12-1-98, § 1; Ord. of 8-3-2004, § 5)
Sec. 4-1-20. Confinement of biting animals.
(a) Any animal that is known to have bitten or scratched a person shall be confined for the purposes of rabies observation to the animal control facility, to a veterinary facility or to such other facility as may be directed by the county health department for a period of ten days after the date of the bite or scratch. All expenses incurred for such confinement and observation shall be paid by the owner of such animal.
(b) The animal control superintendent shall be authorized to order the owner of any dog that is known to have bitten a person or to have caused severe injury or death to another dog or cat to submit the dog for rabies observation to the animal control facility, to a veterinary facility or to such other facility as may be approved by the county health department. All expenses incurred for such confinement and observation shall be paid by the owner of such animal.
(Ord. of 12-1-98, § 1; Ord. of 6-3-2003, § 8; Ord. of 8-3-2004, § 6)
Sec. 4-1-21. Redemption of impounded animals.
It shall be the responsibility of the Athens-Clarke County Animal Control Division to attempt to notify the owner, if known, or can be reasonably ascertained, of every animal impounded, by telephone if possible, or by mail or by written notice at the residence of the owner within two working days of the impoundment. The owner of the animal may claim and take custody of the animal within five days of such impoundment by the payment of required fees and the cost of inoculations and veterinary services.
(Ord. of 12-1-98, § 1)
Sec. 4-1-22. Adoption of animals.
(a) The Athens-Clarke County Animal Control Superintendent may offer for adoption any animal unclaimed after five days following impoundment or any animal that has been donated to the division by the owner.
(b) An animal may be donated for adoption only by a resident of Athens-Clarke County and may be made available for adoption upon the determination by the animal control superintendent that the animal is of reasonably good health and temperament.
(c) Potential persons who want to adopt an animal must make application for adoption with the Athens-Clarke County Animal Control Division and meet requirements associated with the humane housing and care of the animal as determined by the superintendent of the Athens-Clarke County Animal Control Division and by the payment of the required fees.
(d) No unclaimed dog which is not neutered or spayed shall be released from the Athens-Clarke County Animal Control Division without a written agreement from the person adopting the animal that such animal will be sterilized within 30 days from the date of adoption. Failure of the owner to spay or neuter the adopted dog within the prescribed time will constitute a violation of O.C.G.A. section 4-14-3(c) and will be prosecuted as a misdemeanor as prescribed in O.C.G.A. section 4-14-4.
(e) Adopted animals under six months old must be sterilized by the time the animal is seven months old. Upon written proof that the adopted animal has been sterilized within the specified time, a refund of $25.00 shall be paid by Athens-Clarke County to the person adopting such animal.
(Ord. of 12-1-98, § 1)
Sec. 4-1-23. Escape, injury or theft.
Employees of the Athens-Clarke County Animal Control Division shall exercise reasonable care to prevent the injury, escape or theft of any animal which is in their custody or which they are attempting to bring into their custody under the provisions of this chapter, but they shall not be responsible for any such occurrence.
(Ord. of 12-1-98, § 1)
Sec. 4-1-24. Records.
It shall be the duty of the Athens-Clarke County Animal Control Division to keep accurate written records showing the final disposition of all animals impounded thereby, the date of impoundment, the description and other identifying data of the animal, the fees collected, the disposition of the animal and the date thereof, which record shall be open and available for public inspection at a reasonable place during the regular business hours for a period of 24 months after the date of impoundment.
(Ord. of 12-1-98, § 1)
Sec. 4-1-25. Regulation of dangerous and potentially dangerous dogs.
(a) The animal control superintendent shall be the designated authority to carry out the duties of dog control officer as provided for in O.C.G.A. § 4-8-22(c) and as provided for in this chapter.
(b) It shall be the duty of the administrative hearing officer to conduct hearings and make determinations concerning the regulation and disposition of dangerous and potentially dangerous dogs as required by O.C.G.A. Chapter 8, Title 4 and as required by this chapter.
(c) Whenever a dog within Athens-Clarke County has been classified as potentially dangerous pursuant to the provisions of this chapter or as potentially dangerous or dangerous under O.C.G.A. § 4-8-20 et seq., or during the specified amount of time that such classification is eligible for or under appeal by the owner, the following apply:
(1) Before the dog will be released to the owner pending classification, the owner must meet all of the requirements of O.C.G.A. § 4-8-25 and of this section for the classification. The animal control superintendent shall be authorized to inspect and approve the method of confinement for the dog being classified;
(2) The owner of the dog shall confine the dog only in a proper enclosure in the approved location and by the approved method. The owner shall post on the premises where the dog is kept a clearly visible sign warning that there is a dangerous or potentially dangerous dog on the property. The sign shall conform substantially to the uniform design and symbol created by the Georgia Department of Natural Resources under O.C.G.A. § 4-8-25(b);
(3) The owner of the dog shall immediately notify the animal control division if the dog is not confined in the approved location or by the approved method, the dog is stolen or missing, the dog is donated, transferred or sold, or the dog is deceased. The owner must submit within two business days a notarized, sworn written statement describing the circumstances of the dog's death or disappearance, or the name, address and telephone number of the person to whom the dog was donated, transferred or sold. In the event that the dog is deceased, the owner shall not dispose of the body until authorized to do so by the animal control division;
(4) The animal control superintendent shall be authorized to administer an identifying microchip and/or other types of permanent identification to the dog. It shall be unlawful for any person to tamper with or remove such identification.
(5) Whenever a dog classified as potentially dangerous or dangerous under O.C.G.A. § 4-8-20 et seq. or under this chapter is subject to confiscation under O.C.G.A. § 4-8-27 or under this chapter, the owner of the dog must submit the dog to the animal control division without delay. A potentially dangerous dog is subject to confiscation under this chapter if it is not validly registered as a potentially dangerous dog, not maintained in a proper enclosure or is outside the proper enclosure in violation of this chapter.
(6) The owner must meet the requirements for keeping a potentially dangerous or dangerous dog no later than five days after the date the classification becomes effective. If the dog is not retrieved from Athens-Clarke County within such time, then the dog shall be deemed unclaimed and subject to the provisions of section 4-1-18.
(d) Reserved.
(e) Reserved.
(f) Notwithstanding any other provisions of this chapter to the contrary, any dog that causes a fatality to a human will not be released to the owner until the end of any appeals process.
(Ord. of 12-1-98, § 1; Ord. of 6-3-2003, § 9; Ord. of 8-3-2004, § 7; Ord. of 8-17-2006, §§ 2--4)
from Muni Code
CHAPTER 4-1. ANIMAL CONTROL*
Article 1. General Provisions
Sec. 4-1-1. Definitions.
Article 2. Duties and Prohibitions Relating
to Control of Animals
Sec. 4-1-2. Keeping domestic animals under control.
Sec. 4-1-3. Specific Requirements for Confinement.
Sec. 4-1-4. Prohibitions for domestic animals.
Sec. 4-1-5. Livestock running at large.
Sec. 4-1-6. Control and removal of animal wastes.
Sec. 4-1-7. Guard dogs.
Sec. 4-1-8. Identification and inoculation.
Sec. 4-1-9. Animal giveaway.
Sec. 4-1-10. Obstruction of officer.
Article 3. Abuse of Animals
Sec. 4-1-11. Abuse of animals.
Sec. 4-1-12. Bird sanctuary.
Article 4. Fees and Penalties
Sec. 4-1-13. Fees.
Sec. 4-1-14. Penalty.
Article 5. Official Powers and Authority
of Animal Control
Sec. 4-1-15. Power to issue citation.
Sec. 4-1-16. Injured animals.
Sec. 4-1-17. Impoundment of animals.
Sec. 4-1-18. Disposition of impounded animals.
Sec. 4-1-19. Enforcement.
Sec. 4-1-20. Confinement of biting animals.
Sec. 4-1-21. Redemption of impounded animals.
Sec. 4-1-22. Adoption of animals.
Sec. 4-1-23. Escape, injury or theft.
Sec. 4-1-24. Records.
Sec. 4-1-25. Regulation of dangerous and potentially dangerous dogs.
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*Editor's note: An ordinance enacted Dec. 1, 1998, amended Ch. 4-1 by deleting said chapter in its entirety and substituting new provisions in lieu thereof. Prior to this amendment, Ch. 4-1 contained similar subject matter and was derived from ordinances enacted Sept. 1, 1992, and May 4, 1993.
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ARTICLE 1. GENERAL PROVISIONS
Sec. 4-1-1. Definitions.
The following definitions shall apply in the interpretation and enforcement of this chapter:
Domestic animal means any dog, cat, or other legally owned animal not defined as wildlife, livestock, or nontraditional livestock.
Guard dog means any dog which has been trained to attack persons or other animals independently or upon verbal command and any dog which, while not so trained, is reasonably expected to perform as a guardian of the property upon and within which he is located.
Livestock means cattle, swine, equines, poultry, sheep, goats, ratites, nontraditional livestock and ruminants.
Nontraditional livestock means the species of Artiodactyla (even-toed ungulates) listed as bison, water buffalo, farmed deer, llamas and alpacas that are held and possessed legally and in a manner which is not in conflict with the provisions of O.C.G.A. chapter 5, title 27 dealing with wild animals.
Owner means any person who owns, keeps, harbors, possesses or otherwise keeps any domestic, nontraditional livestock or livestock animal for a period of 14 days, or any person who knowingly permits any domestic, nontraditional livestock or livestock animal to be kept, harbored, possessed, or otherwise kept upon his premises for a period of 14 days, or who has any animal under his or her care or responsibility, either temporarily or permanently, at any time, within Athens-Clarke County.
Person means any individual, firm, partnership, corporation, joint venture, association, estate, trust, business trust, receiver, syndicate or other group or combination acting as a unit.
Potentially dangerous dog means any dog as defined in O.C.G.A. §§ 4-8-21(6) and 4-8-21(b) or any dog that without provocation causes severe injury or death to another dog or cat, except that a dog that inflicts an injury upon another dog or cat 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 potentially dangerous dog within the meaning of this definition. In addition, a dog shall not be a potentially dangerous dog within the meaning of this definition if the injury inflicted by the dog was sustained by another dog or cat that, at the time, was not under control as defined in this section.
Proper enclosure means an enclosure for keeping a dog while on the owner's property securely confined indoors or in a securely enclosed and locked pen, fence, or structure suitable to prevent the entry of young children and designed to prevent the dog from escaping. Any such pen or structure shall have secure sides and a secure top, or, if the dog is enclosed within a fence, all sides of the fence shall be of sufficient height and the bottom of the fence shall be constructed or secured in such a manner as to prevent the dog's escape either from over or from under the fence. Such enclosure must be approved by the animal control superintendent.
Severe injury to another dog or cat means any unprovoked physical injury that results in broken bones or severe lacerations requiring multiple sutures or surgery or a physical injury that results in death.
Wildlife means any vertebrate or invertebrate animal life indigenous to this state or any species introduced or specified by the Department of Natural Resources and includes fish, except domestic fish produced by an aquaculturist registered under O.C.G.A. § 27-4-255, mammals, birds, amphibians, reptiles, crustaceans and mollusks or any part thereof.
(Ord. of 12-1-98, § 1; Ord. of 2-1-2000, § 1; Ord. of 6-3-2003, §§ 1--3; Ord. of 8-3-2004, §§ 1, 2; Ord. of 4-4-2006, § 1)
ARTICLE 2. DUTIES AND PROHIBITIONS RELATING TO CONTROL OF ANIMALS
Sec. 4-1-2. Keeping domestic animals under control.
(a) It shall be unlawful for any owner of a domestic animal not to control the animal at all times through one of the following means:
(1) On a leash when off the property of the owner;
(2) Within the passenger area of a vehicle driven or parked on the streets;
(3) Within the property limits of its owner and attended by its owner; or
(4) Confined within the property limits of its owner or of another with the permission of the person in control of the property.
Confined means in a building, pen or fenced area or other structure built to prevent intrusion or escape by any dog.
(b) It shall be unlawful for any owner of a domestic animal to chain, tie, fasten or otherwise tether the animal to dog houses, trees, fences, vehicles or other stationary objects as a means of confinement except that the animal may be temporarily confined by a tether while attended by its owner.
(Ord. of 12-1-98, § 1; Ord. of 6-3-2003, § 4; Ord. of 4-4-2006, § 2; Ord. of 11-6-2007, § 1)
Sec. 4-1-3. Specific requirements for confinement
It shall be an offense for any owner of a domestic animal not to satisfy the following requirements:
(a) Any tether used to temporarily confine an animal while attended by its owner must be attached to a collar or harness and shall not be wrapped directly around the animal's neck. Such tethers shall not be excessively heavy or weighted so as to inhibit the animal's movement.
(b) All domestic animals shall be provided with sanitary shelter from the elements. Said shelter shall be designed, constructed and maintained to protect the animal from rain, snow, ice, excessive cold, excessive heat and excessive direct sunlight, and of a size to allow the animal sufficient space to stand, turn around, and lie down, and make all other normal body movements in a normal and comfortable position appropriate to the age, size, and health of the animal. Examples of inadequate shelter include, but are not limited to, lean-tos, metal or plastic drums, boxes, vehicles, or the area on or beneath exposed porches or decks. Nothing in this subsection shall be construed to prevent the transportation and temporary confinement of a domestic animal within the passenger area of a vehicle provided that the animal is provided adequate ventilation and temperature control in order to protect the animal from excessive heat or cold.
(c) All domestic animals shall be provided with clean, potable water at all times.
(d) An owner must promptly remove and dispose of animal excrement and food wastes and debris so as to minimize vermin infestation, contamination, odors, and disease hazards.
(e) All domestic animals shall be provided with a safe and sanitary confinement area constructed to confine the animal, to protect the animal from injury, and of a sufficient space to allow for adequate exercise suitable to the age, size, species, and breed of animal. The area shall have a means to rapidly eliminate excess water and minimize mud.
(Ord. of 11-6-2007, § 2)
Editor's note: Prior to the reenactment of section 4-1-3 by ordinance 11-6-07, section 3 of an ordinance of April 4, 2006, amended the Code by repealing former § 4-1-3, which pertained to animals in parks, and derived from ordinances of December 1, 1998; June 3, 2003; and April 4, 2006.
Sec. 4-1-4. Prohibitions for domestic animals.
It shall be unlawful for any person to permit a domestic animal under his or her ownership or possession to do the following:
(a) Go upon the property of any person other than its owner or keeper without the express consent of such other owner or occupant;
(b) Attack or act so as to menace pedestrians or other persons using public ways or on the property of another.
Pending an adjudication for any citation for a violation of this subparagraph (b), the person cited shall be required to maintain the dog in a proper enclosure, as defined in this chapter. Any person convicted of violating this subsection, in addition to penalties provided for in section 4-1-14, shall be required to maintain the dog in a proper enclosure, as defined in this chapter.
(c) Disturb the peace of any other person by loud, persistent, habitual barking, howling, growling, yelping or whining.
No person shall be charged with violating this subsection unless written warning has previously been issued within 90 days of the charged violation.
No citation for violation of this subsection shall be issued unless there are at least two complaining witnesses who shall have signed a written statement stating the address of the dog owner, a description of the dog and of the offense and the date, time and location of the offense;
(d) Reserved.
(e) Be in heat and not be confined in an enclosure to the property of its owner or keeper.
(Ord. of 12-1-98, § 1; Ord. of 6-5-2001, § 1; Ord. of 6-3-2003, § 6; Ord. of 8-3-2004, § 3; Ord. of 10-5-2004, § 1; Ord. of 4-4-2006, § 4; Ord. of 11-6-2007, § 3)
Sec. 4-1-5. Livestock running at large.
It shall be unlawful for the owner or keeper of any hog, cattle, mule, sheep, goat, fowl or any other livestock or nontraditional livestock animal to permit it to run at large in the limits of Athens-Clarke County or to stray from the property of the owner or keeper or to go upon the premises of any other person.
(Ord. of 12-1-98, § 1)
Sec. 4-1-6. Control and removal of animal wastes.
(a) It shall be unlawful for the owner of any animal to refuse or fail to immediately remove any feces deposited by such animal upon public sidewalks, public streets, public parks or other public property in Athens-Clarke County, or upon any private property within Athens-Clarke County not under the exclusive use and control of said owner or keeper.
(b) It shall be unlawful for the owner of any animal to permit such animal to defecate or urinate upon any private property except that upon which he or she resides or owns unless he or she has the permission of the owner of such other private property.
(Ord. of 12-1-98, § 1; Ord. of 11-6-2007, § 4)
Sec. 4-1-7. Guard dogs.
It shall be the duty of the owner, tenant or custodian of any residential or commercial property on which a guard dog is kept for security purposes to post a notice in a prominent and conspicuous location on such property. Such notice shall comprise the words "Warning Guard Dog" and shall be in clearly contrasting color. Such letters shall be not less than one inch in width and not less than five inches in height. If a guard dog is confined within a fenced area, such notice shall be conspicuously posted upon such fence at every entrance and exit of the fence.
(Ord. of 12-1-98, § 1)
Sec. 4-1-8. Identification and inoculation.
It shall be unlawful for any person to own, possess or maintain any dog or cat that does not have a current rabies inoculation and any such dog or cat shall wear at all times a securely attached collar about its neck displaying such current rabies tag.
(Ord. of 12-1-98, § 1)
Sec. 4-1-9. Animal giveaway.
No person in Athens-Clarke County shall give away any live animal, fish, reptile or bird as a prize for, or as an inducement to enter, any contest, game, or other competition, or as an inducement to enter a place of amusement, or offer such animal as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade.
(Ord. of 12-1-98, § 1)
Sec. 4-1-10. Obstruction of officer.
(a) It shall be unlawful for any person to hinder, interfere, harass or otherwise obstruct the performance of any officer of the Athens-Clarke County Animal Control Division in the official performance of his or her duties as provided for in this chapter.
(b) It shall be unlawful for any person to relocate, interfere with, or alter the operation of any device, equipment, or item of the Athens-Clarke County Animal Control Division.
(c) It shall be unlawful for any person to place their own animal into or remove any animal confined within a trap or cage operated by the Athens-Clarke County Animal Control Division.
(d) It shall be unlawful for any person to give a false name, address or date of birth to any officer, employee or agent of the animal control division in the lawful discharge of his or her official duties with the intent to mislead such officer, employee or agent in any way.
(Ord. of 12-1-98, § 1)
ARTICLE 3. ABUSE OF ANIMALS
Sec. 4-1-11. Abuse of animals.
The animal control officers of the Athens-Clarke County Animal Control Division shall be authorized to enforce the provisions of Title 4, Chapter 11, Article 1 of the Official Code of Georgia Annotated, entitled "the Georgia Animal Protection Act" (O.C.G.A. § 4-11-2 et seq.).
(Ord. of 12-1-98, § 1; Ord. of 6-5-2001, § 2)
Sec. 4-1-12. Bird sanctuary.
The entire area embraced within the limits of the urban service area of Athens-Clarke County is hereby designated as a bird sanctuary. It shall be unlawful for any person to trap, hunt, shoot or attempt to shoot, or molest in any manner any bird or fowl or to rob a bird's nest or wild fowl's nest; provided, however, if starlings or similar birds are found to be congregating in such numbers in a particular locality so as to constitute a nuisance or a menace to health or property in the opinion of the proper health authorities in Athens-Clarke County, such birds may be destroyed as humanely as possible in such numbers and in such manner as is deemed advisable by the health authorities under the supervision of the police department.
(Ord. of 12-1-98, § 1)
ARTICLE 4. FEES AND PENALTIES
Sec. 4-1-13. Fees.
(a) Any person reclaiming a neutered male dog, spayed female dog, or any other animal shall pay a $25.00 impoundment fee for the first impoundment, $30.00 for the second impoundment and $35.00 for each subsequent impoundment. In addition to the above, $5.00 per day will be charged for boarding plus the cost of inoculations and/or veterinary services.
(b) Any person reclaiming an unneutered male or unspayed female dog shall pay $50.00 for the first impoundment, $75.00 for the second impoundment and $100.00 for each subsequent impoundment. In addition to the above, $5.00 per day will be charged for boarding plus the cost of inoculations and/or veterinary services.
(c) The fee for adoptions shall be $50.00. However, upon proof of neutering or spaying, there shall be a refund of $25.00 from Athens-Clarke County.
(d) There shall be a registration fee of $100.00 for all dangerous and potentially dangerous dogs in Athens-Clarke County. Such registration is to be renewed on an annual basis.
(Ord. of 12-1-98, § 1; Ord. of 8-5-2003, §§ 1, 2)
Sec. 4-1-14. Penalty.
(a) Except as otherwise provided in paragraph (b) below, any person violating this chapter shall be punished pursuant to the provisions of section 1-1-5 of the Code of Athens-Clarke County.
(b) Any person violating section 4-1-4(b) or 4-1-25 of this chapter shall be punished by a fine of not less than $300.00 for the first offense and not less than $400.00 for any subsequent offenses in addition to any other penalty provided in section 1-1-5.
(Ord. of 12-1-98, § 1; Ord. of 10-2-2001, § 1; Ord. of 6-3-2003, § 7; Ord. of 8-3-2004, § 4)
ARTICLE 5. OFFICIAL POWERS AND AUTHORITY OF ANIMAL CONTROL
Sec. 4-1-15. Power to issue citation.
Officers of the Athens-Clarke County Animal Control Division, the community protection division, the police department, or the marshal are hereby authorized to issue a summons relative to the enforcement of this chapter.
(Ord. of 12-1-98, § 1; Ord. of 10-5-2004, § 2)
Sec. 4-1-16. Injured animals.
The superintendent of the animal control division shall have the authority humanely to dispose of impounded animals which are diseased or injured whenever it shall appear that any such animal is suffering great pain and whenever one of the following applies:
(1) No determination as to the owner can be made after a reasonable inquiry or investigation; or
(2) The owner cannot be contacted within a reasonable amount of time; or
(3) The owner refuses to claim the animal immediately and accept financial responsibility for necessary veterinary treatment.
(Ord. of 12-1-98, § 1; Ord. of 10-5-2004, § 3)
Sec. 4-1-17. Impoundment of animals.
Except as otherwise provided for by state law, any domestic, nontraditional livestock or livestock animal that is in violation of this chapter, whether or not the animal is on public or private property, may be, but is not required to be, impounded by the Athens-Clarke County Animal Control Division in accordance with rules and regulations adopted pursuant to this chapter.
(Ord. of 12-1-98, § 1; Ord. of 2-1-2000, § 2)
Sec. 4-1-18. Disposition of impounded animals.
(a) If an animal remains unclaimed within the prescribed amount of time, then the superintendent of the animal control division, or his designees, shall be authorized either to dispose of such animal in as humane and painless a manner as possible or to donate such animal to a non-profit institution or agency for the purpose of humane placement or rescue.
(b) No live animal in the possession of the Athens-Clarke County Animal Control Division shall be released, sold or given to any individual, institution, or private firm for the purposes of medical and scientific research.
(c) When calculating the prescribed amount of time for the execution of rights or responsibilities in this chapter, each day that the animal control facility is open shall be counted, except for the first day that an animal is impounded shall not be counted.
(Ord. of 12-1-98, § 1; Ord. of 10-5-2004, § 4; Ord. of 8-17-2006, § 1)
Sec. 4-1-19. Enforcement.
This chapter shall be enforced by the superintendent of the Athens-Clarke County Animal Control Division. Upon information known to, or a signed written statement lodged with, the superintendent or authorized officers of the animal control division that any owner of an animal is in violation of this chapter, a summons may be served upon authority of the superintendent by authorized officers requiring the owner of the animal to appear before the Athens-Clarke County Municipal Court on a day and time certain to stand trial for violation of this chapter. If such violation has not been witnessed by an officer, a subpoena may be issued to the person supplying the information on which a formal charge may be made to appear at said time and date to testify on behalf of Athens-Clarke County. The superintendent or authorized officers of the animal control division are authorized to use necessary means to obtain warrants or subpoenas from municipal court or magistrate court for the purpose of enforcing this chapter.
(Ord. of 12-1-98, § 1; Ord. of 8-3-2004, § 5)
Sec. 4-1-20. Confinement of biting animals.
(a) Any animal that is known to have bitten or scratched a person shall be confined for the purposes of rabies observation to the animal control facility, to a veterinary facility or to such other facility as may be directed by the county health department for a period of ten days after the date of the bite or scratch. All expenses incurred for such confinement and observation shall be paid by the owner of such animal.
(b) The animal control superintendent shall be authorized to order the owner of any dog that is known to have bitten a person or to have caused severe injury or death to another dog or cat to submit the dog for rabies observation to the animal control facility, to a veterinary facility or to such other facility as may be approved by the county health department. All expenses incurred for such confinement and observation shall be paid by the owner of such animal.
(Ord. of 12-1-98, § 1; Ord. of 6-3-2003, § 8; Ord. of 8-3-2004, § 6)
Sec. 4-1-21. Redemption of impounded animals.
It shall be the responsibility of the Athens-Clarke County Animal Control Division to attempt to notify the owner, if known, or can be reasonably ascertained, of every animal impounded, by telephone if possible, or by mail or by written notice at the residence of the owner within two working days of the impoundment. The owner of the animal may claim and take custody of the animal within five days of such impoundment by the payment of required fees and the cost of inoculations and veterinary services.
(Ord. of 12-1-98, § 1)
Sec. 4-1-22. Adoption of animals.
(a) The Athens-Clarke County Animal Control Superintendent may offer for adoption any animal unclaimed after five days following impoundment or any animal that has been donated to the division by the owner.
(b) An animal may be donated for adoption only by a resident of Athens-Clarke County and may be made available for adoption upon the determination by the animal control superintendent that the animal is of reasonably good health and temperament.
(c) Potential persons who want to adopt an animal must make application for adoption with the Athens-Clarke County Animal Control Division and meet requirements associated with the humane housing and care of the animal as determined by the superintendent of the Athens-Clarke County Animal Control Division and by the payment of the required fees.
(d) No unclaimed dog which is not neutered or spayed shall be released from the Athens-Clarke County Animal Control Division without a written agreement from the person adopting the animal that such animal will be sterilized within 30 days from the date of adoption. Failure of the owner to spay or neuter the adopted dog within the prescribed time will constitute a violation of O.C.G.A. section 4-14-3(c) and will be prosecuted as a misdemeanor as prescribed in O.C.G.A. section 4-14-4.
(e) Adopted animals under six months old must be sterilized by the time the animal is seven months old. Upon written proof that the adopted animal has been sterilized within the specified time, a refund of $25.00 shall be paid by Athens-Clarke County to the person adopting such animal.
(Ord. of 12-1-98, § 1)
Sec. 4-1-23. Escape, injury or theft.
Employees of the Athens-Clarke County Animal Control Division shall exercise reasonable care to prevent the injury, escape or theft of any animal which is in their custody or which they are attempting to bring into their custody under the provisions of this chapter, but they shall not be responsible for any such occurrence.
(Ord. of 12-1-98, § 1)
Sec. 4-1-24. Records.
It shall be the duty of the Athens-Clarke County Animal Control Division to keep accurate written records showing the final disposition of all animals impounded thereby, the date of impoundment, the description and other identifying data of the animal, the fees collected, the disposition of the animal and the date thereof, which record shall be open and available for public inspection at a reasonable place during the regular business hours for a period of 24 months after the date of impoundment.
(Ord. of 12-1-98, § 1)
Sec. 4-1-25. Regulation of dangerous and potentially dangerous dogs.
(a) The animal control superintendent shall be the designated authority to carry out the duties of dog control officer as provided for in O.C.G.A. § 4-8-22(c) and as provided for in this chapter.
(b) It shall be the duty of the administrative hearing officer to conduct hearings and make determinations concerning the regulation and disposition of dangerous and potentially dangerous dogs as required by O.C.G.A. Chapter 8, Title 4 and as required by this chapter.
(c) Whenever a dog within Athens-Clarke County has been classified as potentially dangerous pursuant to the provisions of this chapter or as potentially dangerous or dangerous under O.C.G.A. § 4-8-20 et seq., or during the specified amount of time that such classification is eligible for or under appeal by the owner, the following apply:
(1) Before the dog will be released to the owner pending classification, the owner must meet all of the requirements of O.C.G.A. § 4-8-25 and of this section for the classification. The animal control superintendent shall be authorized to inspect and approve the method of confinement for the dog being classified;
(2) The owner of the dog shall confine the dog only in a proper enclosure in the approved location and by the approved method. The owner shall post on the premises where the dog is kept a clearly visible sign warning that there is a dangerous or potentially dangerous dog on the property. The sign shall conform substantially to the uniform design and symbol created by the Georgia Department of Natural Resources under O.C.G.A. § 4-8-25(b);
(3) The owner of the dog shall immediately notify the animal control division if the dog is not confined in the approved location or by the approved method, the dog is stolen or missing, the dog is donated, transferred or sold, or the dog is deceased. The owner must submit within two business days a notarized, sworn written statement describing the circumstances of the dog's death or disappearance, or the name, address and telephone number of the person to whom the dog was donated, transferred or sold. In the event that the dog is deceased, the owner shall not dispose of the body until authorized to do so by the animal control division;
(4) The animal control superintendent shall be authorized to administer an identifying microchip and/or other types of permanent identification to the dog. It shall be unlawful for any person to tamper with or remove such identification.
(5) Whenever a dog classified as potentially dangerous or dangerous under O.C.G.A. § 4-8-20 et seq. or under this chapter is subject to confiscation under O.C.G.A. § 4-8-27 or under this chapter, the owner of the dog must submit the dog to the animal control division without delay. A potentially dangerous dog is subject to confiscation under this chapter if it is not validly registered as a potentially dangerous dog, not maintained in a proper enclosure or is outside the proper enclosure in violation of this chapter.
(6) The owner must meet the requirements for keeping a potentially dangerous or dangerous dog no later than five days after the date the classification becomes effective. If the dog is not retrieved from Athens-Clarke County within such time, then the dog shall be deemed unclaimed and subject to the provisions of section 4-1-18.
(d) Reserved.
(e) Reserved.
(f) Notwithstanding any other provisions of this chapter to the contrary, any dog that causes a fatality to a human will not be released to the owner until the end of any appeals process.
(Ord. of 12-1-98, § 1; Ord. of 6-3-2003, § 9; Ord. of 8-3-2004, § 7; Ord. of 8-17-2006, §§ 2--4)
