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ARTICLE I
GENERAL REGULATIONS
Section
30-101.
Administration and Definitions.
A. The responsibility for the
control of animals within the City shall rest with the Council.
B.
The responsibility for the control of rabies and other zoonos shall rest
with the Council and the Newton County Board of Health.
C.
For the purposes of this Chapter, certain terms and words are hereby
defined. Where words are not herein
defined, but are defined in Section 1-103 of this Code of Ordinances, those
words shall have the meaning as defined therein.
As used in this Chapter, unless the context otherwise indicates, the
following words and terms shall have the meaning ascribed to them:
(1)
Abandonment
means the intentional or complete forsaking of any animal by its owner, without
making reasonable arrangements for the adequate care and custody of the animal
to be assumed by another person or the failure to return and resume
responsibility of an animal at the designated time as arranged with the care
giver. Abandonment also means the
act of placing an animal on public property or within a public building,
unattended or uncared for, or on or within the private property of another
without the express permission of the owner, custodian or tenant of the private
property. An animal shall also be
considered abandoned when it has been unattended and without adequate and proper
food and water for a period in excess of thirty-six (36) hours, regardless of
where such animal may be found or kept.
(2)
Adequate care
means exhibiting attention to the needs of an animal, including but not limited
to, the provision of food, water, shelter, sanitary, safe and healthy
conditions, and adequate and timely veterinary medical attention necessary to
maintain good health for the specific age, size, species, and breed of animal.
(3)
Adequate food
means sufficient quantity of non-contaminated and nutritionally healthy
sustenance that is appropriate to the species, breed, size, age and health of
the animal, or at the direction of a licensed veterinarian; which is sufficient
to prevent starvation, malnutrition, or risk to the animal's health.
Garbage, spoiled, rancid, or contaminated food is not adequate food.
Adequate food shall include the provision of such at suitable intervals,
not to exceed 24 hours. Adequate
food shall be served in a receptacle, dish, or container that is physically
clean and in which agents injurious to health have been removed or destroyed to
a practical minimum.
(4)
Adequate shelter
means a protective covering for a domestic animal that provides adequate space
and protection to maintain the animal in a state of good health, and that
prevents pain, suffering, or significant risk to the animal's health.
Adequate shelter shall consist of a completely enclosed structure with
four (4) sides, a constructed floor, and a roof with a door opening.
It should also be clean, dry and compatible with current weather
conditions, in addition to age, size, species, and condition of the animal.
The structure should be of sufficient size to allow the animal to stand,
turn around, lie down and go in and out of the structure comfortably. To be adequate, some type of bedding that is quick drying,
such as hay or pine straw, must be provided to maintain comfortable temperatures
within the structure during times when the ambient, outside temperature is below
freezing. In addition, the
structure shall include a heavy plastic or rubber flap to cover the door and/or
window openings during the months of November through March.
From April through October, the structure shall either be shaded or moved
out of direct sunlight. If the
shelter is made of wood, it shall be raised at least two (2) inches off the
ground to prevent seepage or rotting. Examples
of inadequate shelter include, but are not limited to, lean-tos, metal or
plastic drums, boxes, abandoned vehicles, porches, decks, or material that does
not provide sufficient protection from the elements.
(5)
Adequate water
means clean, fresh, potable water sufficient to prevent dehydration and properly
sustain health presented in a clean dish, free from contamination. Examples of inadequate water include, but are not limited to,
snow, ice and rancid/contaminated water.
(6)
Adoption Facilitator
or Animal Welfare Agency shall mean any individual, group, entity,
organization or business licensed through the State of Georgia, Department of
Agriculture, Animal Protection Division, or Equine Protection Division as a
wildlife rehabilitator or animal rescue group, including but not limited to
independent humane agencies such as SPCA, Animal Welfare Leagues, and Humane
Societies which are so licensed.
(7)
Animal
means every living vertebrate except a human being.
(8)
Animal at large
means any animal moving without physical restraint and not on its owner's
property.
(9)
Animal Control Center means a
structure or physical plant, which is constructed, renovated, or contracted
specifically to be the center of the City’s animal control activities.
The center will contain facilities for housing animals in a humane
manner, administrative areas for animal control personnel, a clinic and
euthanasia room, a cold storage area for animal cadavers, and adoption area,
facilities for humane education programs and other responsibilities as may be
determined by the Director.
(10) Animal Control Officer or Animal Enforcement Officer means any
person authorized by the governing authority or by law to enforce the provisions
of this Chapter.
(11)
Animal Service Center
means the facility designated by the governing authority for the detention of
animals in the county and includes the animal control center facility identified
and defined in Section 30-101.C(9) of this Code.
(12) Cruelty
means causing death or unjustifiable pain or suffering to any animal by an act,
an omission, or neglect. Cruelty
also includes transporting an animal in an unrestrained open-air vehicle or
transporting an unrestrained animal in the trunk of any vehicle or leaving an
animal unattended in a closed vehicle without proper ventilation or temperature
control, where the outside air temperature is eighty (80) degrees Fahrenheit or
above. Cruelty also means allowing
or causing any animal to participate in training for or engaging in an animal
fight operated for sport, entertainment or gaming purposes.
Routine medical procedures by a licensed veterinarian shall not be
regarded as cruelty.
(13) Dangerous
animal
means any animal that, according to the records of an appropriate authority:
(a)
Inflicts severe injury on a human being without provocation on public or
private property; or
(b)
Aggressively bites, attacks, or endangers the safety of humans or any
other animal without provocation after the animal has been classified as a
potentially dangerous animal and after the owner has been notified of such
classification; or
(c)
Any animal trained, owned, or harbored for the purpose, primarily or in
part, for animal fighting even when such animal has not been classified
previously as a potentially dangerous animal.
(14)
Director means a full-time
Animal Enforcement Officer appointed, designated, or contracted by the City,
whose duty is to administer and manage the City’s animal control program,
unless otherwise defined.
(15) Electronic
animal confinement system shall mean a commercially produced, functioning and professionally
installed electronic fence which utilizes an invisible electrically generated
perimeter, in which the animal within the perimeter wears an electronic collar
that produces an electric shock when the animal approaches or exceeds the
perimeter.
(16) Euthanasia
means the legal act of putting an animal to death using humane methods,
recommended by the American Veterinary Medical Association Panel on Euthanasia
and approved by the Georgia Department of Agriculture, as defined by Georgia law
in the Georgia Animal Protection Act, as may hereinafter be amended.
(17) Fence
means any structure of wire, wood, stone or other material, which is of
sufficient height and strength to act as a barrier against passage of the animal
it is intended to enclose. A fence
must be sufficient to prevent the animal from being able to jump, dig, or escape
from confinement.
(18) Garbage
means all refuse matter/effluent, either animal or vegetable by-product from a
restaurant, kitchen, or meat/poultry processing establishment; spoiled/rancid
food and refuse accumulation of animal, fruit, or vegetable matter, liquid or
otherwise, that is normally discarded.
(19) Guard
dog
means a dog trained to attack persons or other animals independently or upon
oral command; or a dog that, while not so trained, is reasonably expected to
perform as a guardian of its owner and/or the property upon which the dog is
located.
(20) Hazardous
animal
means an animal that may be harmful to humans or other animals by virtue of its
ability to produce poison or, due to its size and feeding habits, could prey on
humans as a food source. Hazardous
animals include, but are not limited to, pit vipers (genus Crotalidae), coral
snakes (genus Micrurus), poisonous spiders, frogs, large reptiles, Nile
monitors, caiman, alligators, crocodiles, and large constricting snakes greater
than ten (10) feet in length.
(21) Identification
means any tag, tattoo, microchip, or other type of marking that can be used to
locate an animal's owner.
(22) Kennel
means any establishment, other than an animal shelter, where animals are
maintained for boarding, holding, training, or other similar purposes for a fee
or compensation.
(23) Law
enforcement agency
means any division of the City of Porterdale Police Department or other
governmental agency with law enforcement powers operating within the City of
Porterdale, Georgia.
(24) Open-air
vehicle
means the cargo area of any pick up truck that is not covered by a permanent
attached utility cover or any convertible vehicle with its top down.
(25) Owner
means any person, firm, corporation, partnership, association, or other legal
entity that owns, harbors, keeps, has lawful possession of, or has control or
custody of any animal. An animal
shall be deemed to be harbored if it is fed and/or sheltered for three (3) or
more consecutive days. Owners
include, but are not limited to, operators or managers of stables, kennels, pet
shops or other animal care establishments.
(26) Pen
means a pad locked, fenced area within a perimeter fenced area that has secure
sides that are buried two (2) feet into the ground or sunken in concrete and a
secure top.
(27) Police
Chief
means the Police Chief of the City of Porterdale Police Department or designee(s).
(28) Potentially
dangerous animal
means any animal that, without provocation bites or attacks humans or any other
animal on public or private property.
(29)
Primary
means first or highest in rank; principal.
(30) Proper
enclosure
means any structure or device used to restrict an animal to a limited amount of
space such as a fenced area, electronic animal confinement system, building,
house, pen, or other device or structure out of which an animal cannot climb,
dig, jump, or otherwise escape.
(31)
Rabies Certificate means a
certificate of vaccination on a form furnished or approved by the Georgia
Department of Human Resources.
(32) 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; or records of any federal or state court.
(33)
Secondary
means of second rank; not primary.
(34) Severe
injury
means a physical injury that results in broken bones, significant puncture
wounds, disfiguring lacerations requiring multiple sutures or cosmetic surgery
or significant medical procedures or a physical injury that results in death.
(35) Spay/neuter
certificate means documentation that certifies that the animal listed therein has been
sterilized as of the date of surgery.
(36) Sterilized
animal
means an animal that has been surgically or chemically altered by a licensed
veterinarian in order to render the animal incapable of reproduction.
(37) Tethered
means an animal attached to a stationary object by a chain, cable or similar
device commonly used for the size and type of animal involved.
An animal is not considered tethered when the animal is attached to a
stationary object, as long as the owner or custodian is physically within reach
of the animal. Any tethering device used to tether an animal must be at least
ten (10) feet in length. Note that,
unless the owner or custodian is physically within the reach of the animal,
tethering of an animal is prohibited. See
Section 30-102.D.
(38) Unsanitary
conditions
means an animal living space, shelter, or exercise area contaminated by health
hazards, irritants, pollutants, items, or conditions that endanger or pose a
risk to an animal's health.
(39)
Vaccinate or
Inoculate mean the injection of a specified dose of antirabic vaccine by a
veterinarian or properly supervised animal health technician into the proper
site of an animal.
(40)
Vaccination Tag means a tag
furnished or approved by the Georgia Department of Human Resources and the
Newton County Department of Animal Control.
This tag will certify the year, county, and vaccination number.
The tag shall be worn at all times by the vaccinated animal.
(41)
Vaccine means an injectable
material containing killed or attenuated rabies virus, licensed by the United
States Department of Agriculture, Veterinary Biologies Division and approved by
the Georgia Department of Human Resources.
Vaccine used for the purpose of immunizing animals against rabies shall
be stored at the temperature prescribed on the package label.
(42)
Veterinarian means any person
duly licensed to practice veterinary medicine in the State of Georgia.
(43)
Veterinary Hospital or Clinic
means a place where medical and surgical treatment is administered to animals by
or under the supervision of a veterinarian.
(44) Veterinary
medical attention means care or supervision by a properly licensed practitioner of
veterinary medicine as defined by Georgia law, sufficient to maintain an animal
in a state of good health and prevent pain and suffering by an animal.
(45)
Vicious dog means any dog that
inflicts a severe injury that results in broken bones, disfiguring lacerations
requiring multiple sutures or cosmetic surgery, or a physical injury that
results in death. 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.
Section
30-102.
General responsibilities of owners.
A.
It shall be the duty of every owner of an animal to take all necessary
steps and precautions to protect other people, property, and other animals from
injury or damage resulting from such animal's behavior, including, but not
limited to, chasing, biting, or otherwise jeopardizing the safety or welfare of
the public, regardless of whether such behavior is motivated by mischievousness,
playfulness, or ferocity.
B.
If the owner of an animal is a minor, the parent or guardian of such
minor shall be responsible to ensure full compliance with the requirements of
this Chapter.
C.
It shall be the duty of every owner of an animal immediately to remove
excrement deposited by the animal on any street or right-of-way.
The provisions of this subsection shall not apply to any animal aiding
the handicapped (e.g., guide dog) or to an animal used for law enforcement
related activities.
D.
Domesticated or caged non-farm animals may not make any vocalizations for
more than fifteen (15) minutes without interruption or more than thirty (30)
minutes if the vocalization is intermittent.
These time limits do not apply if the vocalizations are given as a
warning to the presence of an intruder. Officers
enforcing this subsection are not required to measure the vocalizations with the
use of a sound level meter. Upon
notification of a complaint concerning such vocalizations, the owner of such
animal shall be given a written warning indicating that such animal is creating
a disturbance, so long as the complainant provides the Police Chief with the
address of the owner. If the
disturbance is not resolved within two (2) days or a subsequent complaint is
made for such animal by a different individual, who resides at a different
location from the first complainant, a court summons shall be issued in
accordance with the requirements of this Chapter.
Section
30-103.
Keeping animal under restraint while on owner's property.
A.
It shall be the duty of every owner of an animal to ensure that the
animal is kept under restraint, and that precautions are taken to prevent the
animal from leaving, while unattended, the real property limits of its owner.
B.
It shall be the duty of every owner of an animal to ensure that the
animal is securely and humanely enclosed within a proper enclosure as a means of
primary restraint. Such enclosure
must be securely locked at any time the animal is left unattended.
When outside the proper enclosure but on the owner's property, it shall
be the duty of every owner of an animal to ensure that the animal is humanely
secured by a leash or lead and under the control of a responsible and competent
person; or off leash but under the direct control of a responsible and competent
person who is physically present with the animal, provided that such animal is
obedient to that person's command.
C.
Any animal that is housed outside of its owner's house shall be housed in
a proper enclosure that complies with the provisions of this Code.
The owner shall also ensure that the proper enclosure contains at least
one hundred (100) square feet of open space.
D. Tethering
of an animal is prohibited.
E.
As a secondary means of restraint to a proper enclosure, an animal may be
attached to a running cable line or trolley system providing that:
(1)
A running cable line or trolley system is set inside a proper enclosure;
(2)
Only one (1) animal may be attached to each running cable line or trolley
system;
(3)
No animal may be attached to a running cable line or trolley system for
more than twelve (12) hours in a twenty-four-hour period;
(4)
No animal may be attached to a running cable line or trolley system
between the hours of 10:00 p.m. and 6:00 a.m.;
(5)
Tethers and cables attaching the animal to the running cable line or
trolley system must be made of a substance which cannot be chewed by the animal
and shall not weigh more than five (5) percent of the body weight of the animal
tethered;
(6)
A running cable line or trolley system must have a swivel installed at
each end and be attached to a stationary object that cannot be moved by the
animal;
(7)
The running cable line or trolley system must be at least ten (10) feet
in length and mounted at least four (4) feet and no more than seven (7) feet
above ground level;
(8)
The length of the tether from the running cable line or trolley system to
the animal's collar should allow access to the maximum available exercise area
and allow the animal free access to food, water, and shelter;
(9)
Be attached to a properly fitted harness or collar not used for the
display of a current rabies tag and other identification; and with enough room
between the collar and the dog's throat through which two (2) fingers may fit.
Choke collars and pinch collars are prohibited for the purpose of
tethering an animal to a running cable line or trolley system; and
(10)
Be tethered at sufficient distance from any other objects to prohibit the
tangling of the cable, from extending over an object or an edge that could
result in injury of strangulation of the animal and be of sufficient distance
from any fence so as to prohibit the animal access to the fence.
F. If an electronic
animal confinement system is used to confine an animal, it shall:
(1)
Provide a properly fitted and working signal device that will be worn by
the animal to be enclosed.
(2)
Contain permanent and prominently displayed signs at twenty-five (25)
feet intervals around the entire perimeter of the electronic animal confinement
system. The signs shall be no
smaller than six (6) inches square, and shall read: "Caution--Electronic
Animal Confinement System."
Section
30-104. Duty to
restrain while off owner's property. It shall be the duty of any
person to keep an animal under restraint and control at all times while the
animal is off the real property limits of the owner. When off the real property limits of the owner, it shall be
the duty of every owner of an animal to ensure that the animal is humanely
secured by a leash or lead and under the control of a responsible and competent
person. Such areas shall not
include City parks that are specifically designated as off leash areas.
Section
30-105.
Animals at large.
It shall be unlawful for the owner of an animal to allow it to run at
large unattended on or about the streets, right of ways, and highways of the
City of Porterdale; in any City of Porterdale park, except in City parks that
are specifically designated as off leash areas; unattended on or about the
common property of any apartment complex or condominium community; or on the
property of another person without permission of the owner of that property.
This section shall not apply to dogs being used for hunting in accordance
with state law, rules and regulations.
Section
30-106.
Abandonment.
It shall be unlawful for anyone knowingly to abandon, or to aid in the
abandonment of, any domesticated animal on any property located in the City of
Porterdale, Georgia.
Section 3-107.
Neglect.
No owner shall fail to provide adequate care, adequate shelter, adequate
food, or adequate water for any domestic animal.
Owner’s shall remove excrement from areas in which animals are
confined, such that no unsanitary condition is permitted to arise.
Section
30-108.
Cruelty to Animals and Abuse of Animals.
A. It shall be unlawful for
any person to commit an act of cruelty towards any animal.
B.
No person shall beat, ill treat, torment, overload, overwork, or
otherwise abuse an animal, or cause, instigate or permit combat between animals
or fowl.
C.
No person shall expose any known poisonous substance, whether mixed with
food or not, so that the same shall be liable to be eaten by any animal.
It shall not be unlawful for a person to expose on his or her property
common rat and insect poisons.
D.
No person shall use steel-jawed leg-hold traps for the trapping of
animals without any required written permit obtained from the appropriate state
of federal government agency.
Section
30-109.
Required permanent identification. It shall be the duty of every
animal owner who has been convicted of abandonment, cruelty or abuse, or neglect
of an animal by a court of competent jurisdiction, or owns a dangerous or
potentially dangerous animal, to have the animal permanently identified by
insertion of a microchip by a licensed veterinarian. Said chip must be registered with the chip parent company and
the police chief.
Section
30-110.
Transportation of animals in open air vehicles. If
transporting an animal in an open-air vehicle, the animal must be secured so as
to prevent the animal from escaping out of the vehicle, getting tangled, or
having the ability to extend over the edge of the vehicle that could result in a
injury or strangulation of the animal while the vehicle is in motion.
If the animal has been classified as a potentially dangerous animal or
dangerous animal, requirements of this section are in addition to requirements
outlined in Section 30-304.
Section
30-111.
Hazardous animals.
No person shall own, keep, harbor, house, or permit to be kept, harbored
or housed, a hazardous animal within the City of Porterdale, unless granted
prior written approval from the Police Chief.
Written approval may be granted upon presentation of photographic proof
that the animal will be kept adequately restrained or confined as is common for
the species.
Section
30-112.
Transient animals.
A dog, cat, or ferret shipped or transported through the City or entering
the City for less than fifteen (15) days shall be exempt from licensing fees and
collar and tag sections of this Chapter. However,
all other provisions of this Chapter are applicable to such transient animals. In addition, proof of a current rabies vaccination or health
certificate for such animal must be available for inspection by the police chief
at any time the animal is within the boundaries of the City.
Section
30-113.
Ownership.
A.
It shall be unlawful for any person to abandon, sell, trade, swap or give
away animals within the real property limits of the police department parking
area, or surrounding grounds.
B.
It shall be unlawful for any person to give away or sell any animal on
any public roadway in the City of Porterdale.
Section
30-115.
Limitation on number of animals per Dwelling Unit; Time Limit
within
which to dispose of animal litters.
A.
Limitation on number of animals
per Dwelling Unit.
1.
From and after the effective date of this Ordinance, no more than three
(3) animals may be kept or housed in or upon the grounds of any one Dwelling
Unit, as that term is defined in Chapter 39, Article I, Section 39-101.52 of
this Code of Ordinances, which provides: “Dwelling Unit. A single unit
providing complete independent living facilities for one or more person,
including permanent provisions for living, sleeping, eating, cooking, and
sanitation.” Provided, however,
that if any single Building (as defined in Section 39, Article I, Section
39-101.18 of this Code of Ordinances) contains more than one Dwelling Unit, then
no more than two (2) animals may be kept or housed in or upon the grounds of
each Dwelling Unit contained within the single structure.
By way of example, this limitation would apply in the case of apartment
buildings, duplexes, and condominiums.
2.
Those owner’s who, on the effective date of this ordinance, are keeping
more than three (3) animals in or upon the grounds of his or her dwelling unit,
may continue to keep those animals, provided that within sixty (60) days of the
effective date of this Ordinance, the owner has registered each of said animals
in accordance with the provisions of Section 30-203 of this Ordinance.
Following the death of an animal, or other relinquishment or loss of
possession of an animal or animals, other than relinquishment on a voluntary,
temporary basis, the owner shall not replace the animal if the result of the
replacement of that animal would cause there to be more than three (3) animals
kept or housed in or upon the grounds of the owner’s dwelling unit.
The purpose of this Subsection A.2 of Section 30-115 is to provide a
“grandfathering” provision for those owners who are keeping or housing more
than three (3) animals as of the effective date of this Ordinance, so as not to
require any such owners to dispose of an animal to comply with the limitation on
the number of animals per Dwelling Unit created by this Section 30-115.
3.
The limitation on the number of animals that may be kept or housed in or
upon the grounds of any one Dwelling Unit established by subsection 1 of this
Section 30-115.A., shall not apply to a Dwelling Unit located upon a Lot (as
defined in Section 39-101.93 of this Code of Ordinances) of three (3) acres or
greater in size; provided, however, that no more than one Dwelling Unit is
located upon the Lot, provided further that all other provisions of this Chapter
30 are satisfied, and provided that in no instance shall more than seven (7)
animals be kept or housed in or upon a Lot meeting the requirements of this
exemption.
B.
Time limit within which to dispose of animal litters. From
and after the effective date of this Ordinance, any owner whose animal bears a
litter such that the number of animals in the owner’s Dwelling Unit is
increased beyond the limitation of three (3) created under Subsection
30-115.A.1. above, or beyond the number of animals registered by the owner under
the “grandfather” provision of Subsection 30-115.A.2. above, shall have
ninety (90) days within which to dispose of the excess number of animals above
the limit of three (3) animals per Dwelling Unit.
ARTICLE
II
RABIES CONTROL AND REGISTRATION OF ANIMALS
Section
30-201. Rabies
vaccination; rabies tag.
A.
It
shall be the duty of any owner of any dog, cat, or ferret three (3) months old
or older, to obtain a current rabies vaccination and rabies inoculation tag from
a licensed veterinarian. All dogs,
cats and ferrets must be inoculated annually.
All dogs, cats, and ferrets brought into the City and which are more than
three (3) months old and which have not been inoculated shall be inoculated
within thirty (30) days after their arrival in the City.
A certificate of a veterinarian certifying that the vaccine was
administered as required by this Code, bearing the date and type of vaccine and
the identification of the dog or cat by breed, color, and sex and the
vaccination tag number and the name and address of the owner, shall be evidence
of such vaccination.
B.
It shall be the duty of any owner of a dog, cat, or ferret to provide a
collar or harness for such animal. The
collar or harness, together with the inoculation tag if required, shall be worn
by the animal at all times. It
shall be the duty of any owner of any animal that is required to be inoculated
against rabies as provided in this Code to pay a rabies registration fee to
Newton County.
C.
Except as provided in subsection 1. below, every animal that has rabies
or symptoms thereof, every animal that has been exposed to rabies, and every
animal that bites or otherwise attacks any person within the City shall be
impounded at once and held under observation by the Newton County Department of
Animal Control for ten (10) calendar days.
If its owner desires, such animal may be confined for observation in a
veterinary hospital or clinic approved by the Director of the Newton County
Department of Animal Control at the owner’s expense for the same period of
time as the animal would be confined for observation at the county’s animal
control center. Upon request, the Director shall approve a veterinary
hospital or clinic for such purposes if it is shown that the hospital or clinic
is able to properly confine and observe such animals unless there is reason to
doubt whether such hospital or clinic will actually do so.
1.
Any dog or cat that bites or otherwise attacks any person within the City
while the animal is confined on the owner’s premises may be quarantined on the
owner’s premises for a period of ten (10) calendar days immediately following
the date such animal has attacked a person if the animal has a current rabies
vaccination at the time the attack occurred, provided that the animal is
observed by an animal control officer at the beginning of the quarantine period,
and again ten (10) days later. Said
animal shall also be examined by a veterinarian at the end of the quarantine
period. The veterinarian shall
provide the owner with a written report setting out the results of such
examination. The report shall be
submitted by the owner to the Director of the Newton Department of Animal
Control within three (3) days after the examination has been made.
Any owner or keeper of an animal that fails to keep the animal confined,
fails to have the animal examined by a veterinarian, or fails to provide the
animal control department a veterinarian’s report of the results of an
examination when required to do so under the provisions of this Ordinance shall
be in violation of this code and subject to fines and penalties as stated in
Section 30-408.
2.
No animal that has rabies shall be allowed at any time on the streets or
public ways of the City. No animal
that has been suspected of having rabies shall be allowed at any time on the
streets or public ways of the City until such animal has been released from
observation by the Director of the Newton Department of Animal Control or by the
Director’s designee. The owner,
keeper or person in charge of any animal that has rabies or symptoms thereof, or
that has been exposed to rabies, or that has bitten or otherwise attacked any
person within the City shall, on demand, turn over such animal to the Director
of the Newton County Department of Animal Control or any officer acting as
his/her representative. The body of
any animal that has died of rabies shall not be disposed of except as directed
by the Director of the Newton County Department of Animal Control.
Any person having knowledge of an animal bite is hereby required to
report it immediately to the department of animal control or shall be in
violation of this code and subject to fines and penalties as stated in Section
30-408.
Section
30-202. Rabies
vaccination required for reclaim of an animal.
An
owner reclaiming an animal three (3) months of age and older from the City shall
present proof of a current rabies vaccination at time of reclaim.
If proof is unavailable, and a county veterinarian is on duty and
available, the vaccine will be administered by the veterinarian at the owner's
expense.
Section
30-203.
Registration of dogs, cats and ferrets.
A.
Within sixty (60) days following the effective date of this Ordinance,
and annually thereafter (measured from the date of the preceding year’s
registration), each owner of a dog, cat, or ferret shall be required to register
with the City each dog, cat, or ferret owned. Such registration shall be
accomplished on forms to be provided by the City Clerk.
A registration fee of $5.00 shall be paid for each dog, cat, or ferret
required to be registered hereunder, which fees shall be used solely in
connection with the City’s Animal Control efforts.
B.
To
register a dog, cat or ferret pursuant to this Section 30-203, the owner must
present with the completed Registration form a copy of a current certificate of
a veterinarian certifying that a rabies vaccination has been administered, as
provided in Section 30-201.A. Failure
to present said certificate shall result in denial of registration.
C.
Failure
to register a dog, cat, or ferret as provided in this Section 30-203 shall be a
deemed violation of this Ordinance, subjecting the owner to issuance of a
criminal citation to be heard in the Municipal Court of the City of Porterdale.
Each dog, cat, or ferret that an owner fails to register shall be deemed
a separate violation of this Section 30-203.
Upon the first conviction of a failure to register under this Section
30-203, a $25.00 minimum fine shall be imposed.
Upon a second, or subsequent conviction of a failure to register within a
twelve (12) month period of the first conviction under this Section 30-203, a
$50.00 minimum fine shall be imposed.
ARTICLE III
DANGEROUS ANIMALS, POTENTIALLY DANGEROUS ANIMALS, AND VICIOUS DOGS
Section
30-301.
Dangerous and potentially dangerous animals.
A.
If the Police Chief learns of the existence of a dangerous animal or
potentially dangerous animal, the Police Chief shall then cause a summons to be
issued requiring the owner of the animal to appear before a judge of the City of
Porterdale Municipal Court at a date and time certain, to conduct a hearing as
to the appropriate classification of the animal. The Police Chief shall also immediately impound the animal
believed to be dangerous or potentially dangerous.
B.
The court shall determine after a hearing if the animal is to be
classified as a dangerous animal or potentially dangerous animal. In making its findings in this regard, the court shall enter
a written order notifying the animal's owner and the police chief of its
decision.
C.
The appeal of any order of the court concerning the classification of an
animal as potentially dangerous or dangerous shall be by petition for writ of
certiorari to the Superior Court of Newton County.
D.
If the court classifies the animal as dangerous or potentially dangerous,
and no appeal is filed, the owner shall be required to obtain an annual
certificate of registration in compliance with the requirements of this Chapter
from the police chief. No
potentially dangerous or dangerous animal shall be released to its owners until
such certificate is issued by the police chief.
E.
If the owner fails to obtain the certificate of registration as required
by this Chapter, the animal will not be released and will be euthanized.
The animal shall not be euthanized if the owner appeals the court's
classification order by petition for writ of certiorari to the Superior Court of
Newton County. In the event the owner appeals the court's order, the animal
shall not be released to its owner until the appeal is concluded and the
certificate of registration is issued to the owner, if applicable.
In such event, the animal will be housed at a licensed veterinarian's
office or a licensed kennel and the cost of such detention shall be borne by the
owner of the animal. In the event the City appeals the court's order, the animal
shall not be released to its owner until the appeal is concluded and the
certificate of registration is issued to the owner, if applicable.
In the event of an appeal by the City, the animal will be housed in the
Animal Service Center and the cost of such detention shall be borne by the City.
Section 30-302.
Exemptions from classification as a potentially dangerous or dangerous
animal.
An animal shall not be classified as a dangerous animal or potentially
dangerous animal when the animal bites, attacks or menaces anyone:
A. Who assaults the animal's
owner;
B. Who willfully trespasses,
or commits another tort, upon the property of the owner;
C. Who is currently, or has in
the past, tormented or abused the animal;
D.
Where the animal is otherwise acting in defense of an attack from a
person or other animal upon the owner or other person;
E.
Where the animal is protecting or defending its young or another animal;
or
F.
Where a dog is being used by a law enforcement officer to carry out
official law enforcement duties and injures someone.
Section 30-303. Certificate
of registration of dangerous and potentially dangerous animals.
A.
The owner of a dangerous animal and potentially dangerous animal must
obtain a certificate of registration for the animal from Newton County annually
and pay an annual registration fee to be determined by the governing authority.
The requirements of this section apply to any animal living in the City
of Porterdale that has been deemed dangerous or potentially dangerous by any
other state, county or municipal court, hearing officer, or other authorized
government agency.
B.
The certificate of registration shall be issued to the owner upon receipt
of all of the following:
(1)
Written evidence that the animal is permanently identified by insertion
of a microchip by a licensed veterinarian.
Said chip must be registered with the chip parent company and the police
chief within fifteen (15) days of an order classifying the animal as dangerous
or potentially dangerous or within such later time as specified by a court of
competent jurisdiction or within fifteen (15) days of the conclusion of any
appeal of a court's order that upholds the classification of an animal as
dangerous or potentially dangerous;
(2)
A copy of a current policy of insurance in the amount of twenty-five
thousand dollars ($25,000.00) issued by an insurer authorized to transact
business in the State of Georgia, insuring the owner of the dangerous animal or
potentially dangerous animal against liability for any personal injuries
inflicted by the dangerous animal or potentially dangerous animal; or a copy of
a current surety bond in the amount of twenty-five thousand dollars
($25,000.00), issued by a surety company authorized to transact business in the
State of Georgia, payable to any person injured by the dangerous animal or
potentially dangerous animal;
(3)
Written or photographic proof that the animal will be confined as defined
in Section 30-304 when allowed outdoors; and
(4)
Written evidence that the animal has been sterilized by a licensed
veterinarian.
C.
The owner of a dangerous animal or potentially dangerous animal shall
notify the Police Chief immediately if the animal dies or has been sold or given
to another person. If the animal
dies, the body must be available for microchip scanning to provide positive
identification of the dangerous animal or potential dangerous animal. If the animal is sold or given to another person, the current
owner listed on the most current certificate of registration must provide the
police chief with the name, address, and telephone number of the new owner
within thirty (30) days of the sale or transfer of such animal. New owners are
subject to all requirements of this Code upon transfer of such animal.
D.
The owner of a dangerous animal or potentially dangerous animal must
notify the Police Chief in writing immediately upon changing his/her address. Such written notice shall provide the owner's new address and
telephone number. The owner shall
promptly obtain a new certificate of registration reflecting the new address if
such address is located within the City.
E.
The owner of a dangerous animal or potentially dangerous animal shall
notify the Police Chief in writing immediately upon moving the dangerous animal
or potentially dangerous animal into the City of Porterdale.
Such written notice shall provide the address and telephone number of the
owner and the owner shall immediately obtain a certificate of registration for
the animal.
Section
30-304.
Confinement of potentially dangerous and dangerous animals.
A.
Animals that are classified as potentially dangerous or dangerous shall
have adequate shelter and be confined in accordance with the requirements of
this section. Confinement shall
consist of a fenced area on the owner's property.
Within this fenced area, the owner shall provide a structure to house the
animal that is completely enclosed with secure sides and a secure top.
The sides of the fence must be buried two (2) feet into the ground,
sunken onto a concrete pad or securely attached to a wire floor.
The door or gate to the fence must be equipped with a working lock. In
addition, the minimum open space requirements within the fenced area shall be
the same as set forth in Section 30-103(C).
All fencings shall be of industrial gauge type.
B.
The owner of an animal that has been declared by a court of competent
jurisdiction to be potentially dangerous or dangerous must post signs on all
means of ingress and egress to the real property that read "Dangerous
Animal On Property" or "Potentially Dangerous Animal On
Property". Such signs shall
comply with the requirements of signs OCGA § 4-8-25(b)(2)(B) but shall be no
smaller than eight and five-tenths (8.5) by eleven (11) inches.
C.
Whenever outside its fenced area, but on the owner's property, an animal
classified as dangerous or potentially dangerous shall be attended by the owner,
restrained by a secure collar and leash of sufficient strength to prevent
escape. Such leash shall not exceed
six (6) feet in length.
D.
No dangerous or potentially dangerous animal shall be permitted off the
property of its owner unless accompanied by the owner, muzzled by any means
sufficient to prevent biting of person or animals and restrained by a secure
collar and leash of sufficient strength to prevent escape.
Such leash shall not exceed six (6) feet in length.
E.
The owner of a dangerous animal or potentially dangerous animal that has
been declared by a court to be dangerous or potentially dangerous shall make the
animal and the area of confinement available for periodic, unannounced
inspections by the Police Chief to ensure compliance with the confinement
requirements of this section, provided the owner consents to such entry and
inspection. If consent is not
obtained, the Police Chief shall obtain an inspection warrant prior to any
inspection in accordance with the requirements of state law.
Section
30-305.
Vicious dogs.
A.
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 and is under the
physical restraint of a responsible person.
1.
For purposes of this Section 30-305, “proper enclosure” means an
enclosure for keeping a vicious dog while on the owner’s property securely
confined indoors or in a securely enclosed and locked pen, fence, or structure
suitable to prevent the entry of young children and designed to prevent the dog
from escaping. Any such pen or
structure shall have secure sides and a secure top, and, if the dog is enclosed
within a fence, all sides of the fence shall be of sufficient height and the
bottom of the fence shall be constructed or secured in such a manner as to
prevent the dog’s escape either from over or from under the fence.
Any such enclosure shall also provide adequate shelter for the dog, as
defined in Section 30-101.C.(4) of this Chapter.
B.
A vicious dog shall be immediately confiscated by the dog control officer
or by a law enforcement officer or by another person authorized by the dog
control officer if the:
1.
Vicious dog is not maintained in a proper enclosure; or
2.
Vicious dog is outside a proper enclosure in violation of subsection A of
this Section 30-305.
C.
Any dog that has been confiscated under the provisions of subsection B of
this Section 30-305 shall be returned to its owner upon the owner’s compliance
with the provisions of this Section 30-305 and upon the payment of reasonable
confiscation costs. In the event
the owner has not complied with the provisions of this article within 40 days of
the date the dog was confiscated, said dog shall be destroyed in an expeditious
and humane manner.
D.
Violation of this Section 30-305 shall be punished in accordance with the
provisions of OCGA § 4-8-43, including but not limited to confiscation,
quarantine, and destruction as provided in subsection (c) of OCGA § 4-8-43.
ARTICLE
IV
ENFORCEMENT
Section
30-401. Enforcement generally.
A.
The Police Chief shall enforce the provisions of this Chapter.
B.
Upon information learned by, or complaint lodged with the Police Chief
that an animal owner is in violation of this Chapter, the Police Chief shall
cause a summons to be issued requiring the owner of the animal to appear before
a judge of the City of Porterdale Municipal Court at a date and time certain, to
stand trial for the violation. If a
violation has not been personally witnessed by the Police Chief or other law
enforcement officer, a subpoena shall be issued to the person making the
complaint, along with any witness(es), to appear on the date and time set for
trial, to testify on behalf of the City.
C.
The Police Chief may respond to anonymous complaints of violations of
this Chapter. If the owner or
custodian of an animal is unknown or not present, and such animal is upon the
public streets, alleys, sidewalks, school grounds or other public places or
premises, or is upon another person's property without permission or absent
proper restraint, the police chief upon complaint made or information provided
to the animal service center, shall immediately impound the animal in a facility
designated for the detention of animals. Once
impounded, the animal shall be kept for a period of time as set forth in section
30-404. Thereafter, if the animal is not claimed, the animal may be disposed of
in a humane fashion in accordance with the provisions of OCGA § 4-11-5.1 et
seq.
D.
An animal may be euthanized at any time, when, in the judgment of the
police chief it is determined that:
(1)
At the scene of an accident an animal is obviously injured beyond medical
help, and no traceable form of identification is displayed on the animal;
(2)
An animal presented to the Animal Service Center is obviously injured
beyond medical help, or exhibits obvious signs of infectious disease or parasite
infestation that would impose a health risk to animals housed in the animal
service center, or that exhibits symptoms of malignancy, without traceable form
of identification; or
(3)
A cat, brought to the animal service center in a trap, exhibits signs
that it is feral, that cannot be handled safely by the staff after a
forty-eight-hour holding period (excluding the date of impoundment) without
traceable form of identification.
Section
30-402. Right of
entry.
The Police Chief may use any force necessary to remove any animal locked
in a closed vehicle when the ambient temperature is eighty (80) degrees
Fahrenheit or above outside the vehicle. If
the vehicle is damaged during such removal, the police chief shall not be liable
for any damage to the vehicle.
Section
30-403. Fees and
miscellaneous regulations.
A.
The fee schedule and refund policy with respect to all services performed
in connection with enforcement of this Chapter shall be set by official action
of the governing authority. The fee
schedule and refund policy shall be maintained by the City Clerk and a copy
shall be available to the public at the police department.
B.
Veterinarians shall return spay/neutered certificates to the Police Chief
within thirty (30) days of the date of surgery.
Vouchers for City requested sterilization submitted by veterinarians for
payment more than one (1) year after the date of surgery will not be honored for
payment.
Section
30-404. Notice to
owner of impounded animal.
A.
Upon impounding an animal with identification, the City shall make a
prompt and reasonable effort to locate the animal's owner. Upon location thereof, the City shall send to such owner
notification of impoundment. For
the purpose of this Chapter, sufficient notice shall be by telephone, hand
delivery or United States certified mail to the animal's owner.
B.
An animal impounded with a form of identification that cannot be tracked
to an owner will be held as a stray animal.
C.
If the dog or animal is not claimed by the owner or custodian, thereof
within five (5) business days after receipt of the notice of impoundment or
returning of letter by the post office, then it shall be the duty of the City to
dispose of the dog or animal. If
the impounded dog or animal is not wearing a rabies tag or a tag identifying the
name, address and telephone number of the dog's or animal's owner or custodian,
the City may dispose of the dog or animal following five (5) business days after
it is impounded.
D.
If the animal is not claimed by its owner in the time period set forth
above, the City, after ensuring that the animal is in good health, has not been
classified as a dangerous or potentially dangerous animal, and is not known to
have bitten a human, may offer the animal for adoption.
E.
In no event shall a lawful owner be allowed to reclaim an animal until
all fees required by this Code are paid, including any medical fees incurred due
to the health of the animal and its treatment.
F.
If the owner of the impounded animal cannot be located, then such owner
shall be conclusively presumed to have given consent to the adoption of the
impounded animal, or to have given consent to euthanize the animal in accordance
with OCGA § 4-5-1 et seq.
Section
30-405.
Limiting adoptions.
A.
The City reserves the right to refuse to allow any person to adopt an
animal in its custody or control. Any
individual wishing to adopt an animal from the City must provide proof of
ownership of residence, or permission of the property owner for the animal to
reside at a particular location. No
person who surrenders ownership of an animal to the City may adopt an animal for
a period of three (3) years after the surrender, without a written waiver from
the police chief.
B.
Animals not placed for adoption through a City program
may be made available to adoption facilitators and organizations on a
first come first served basis. Adoption
facilitators and organizations must provide proof of Georgia state licensing
prior to adopting each individual animal. Adoption
facilitators and organizations may be required to pay an adoption
facilitator/rescue fee and shall reimburse the City for any medical care/testing
done on the animal by the City or its agents.
C.
Any person convicted of cruelty, neglect or abandonment of animal will
not be allowed to adopt an animal from the animal service center for three (3)
years after the date of conviction, without written waiver from the police
chief.
Section 30-406.
Sterilization.
A.
It shall be the duty of the owner and/or animal facilitator of a dog or
cat adopted from the City to have the dog or cat sterilized.
Puppies and kittens must be sterilized by a licensed veterinarian within
six (6) months of the date of adoption. Adult
dogs and cats must be sterilized by a licensed veterinarian within thirty (30)
days of the date of adoption.
B.
It shall be the duty of the owner of a dog or cat declared by a court of
competent jurisdiction to be a potentially dangerous animal or dangerous animal
to have the animal sterilized. Such
sterilization must be performed by a licensed veterinarian within thirty (30)
days of a final order of a court of competent jurisdiction declaring the animal
to be a potentially dangerous animal, or dangerous animal.
Section
30-407.
Limitation on ownership.
A.
Any person who has been convicted of cruelty, neglect or abandonment of
animal as provided in this Code and has been required to or voluntarily
relinquished ownership of said animal, shall not be allowed to own a pet in
their City of Porterdale household for three (3) years from the date of
conviction.
B.
Any person who has been convicted of failure to keep animal under
restraint while on owner's property as provided in this Code and has been
required to provide additional confinement requirements and has not complied
with the court's order, shall not be allowed to own a pet in his or her City of
Porterdale household for three (3) years from the date of conviction.
Section 30-408.
Violations and enhanced penalties.
A.
Any person that does anything prohibited or fails to do anything required
by this Chapter, upon citation by the police chief and conviction of the
violation in a court of competent jurisdiction, shall be subject to fine and/or
imprisonment in accordance with Section 1-109 of this Code of Ordinances.
Where any offense or violation continues from day to day, each day's
continuance thereof shall be deemed a separate offense.
B.
A dangerous animal or potentially dangerous animal may be immediately
impounded by any City police officer, code enforcement officer or animal
enforcement officer if such animal or its owner has violated any of the
requirements of this Chapter.
C.
The owner of a dangerous animal or potentially dangerous animal shall
notify the Police Chief immediately if the animal is on the loose, unconfined,
or has attacked a human or another animal and failure to so notify the police
chief shall be a violation of this Chapter by the owner of the animal.
D.
It shall be a violation of this Chapter for any person to possess within
the City a dangerous animal or potentially dangerous animal without a
certificate of registration issued in accordance with the provisions of this
Chapter.
E.
Upon a second and subsequent conviction of any violation of this Chapter
by a dangerous or potentially dangerous animal or its owner, the court shall
impose a fine of not less than five hundred dollars ($500.00) and up to the
maximum fine permitted under Section 1-109 of the Code of Ordinances, in
addition to any other penalty or punishment that may be imposed by the court.
F.
Upon a second or subsequent conviction for a violation of this Chapter by
a dangerous animal or its owner, the court may order the dangerous animal to be
euthanized.
G.
Upon a second and subsequent conviction for a violation of Section
30-201, the court shall impose a fine of not less than three hundred dollars
($300.00) and up to the maximum fine permitted under Section 1-109 of the Code
of Ordinances, in addition to any other penalty or punishment that may be
imposed by the court.
H.
Upon a third and subsequent conviction within a twenty-four (24) month
period of time, as measured from the date of issuance of previous court
summonses for which convictions were obtained, for a violation of Section
30-104, the court shall impose a fine of not less than three hundred dollars
($300.00) and up to the maximum fine permitted under Section 1-109 of the Code
of Ordinances, in addition to any other penalty or punishment that may be
imposed by the court.
I.
Upon a second and subsequent conviction for a violation of Section
30-102(C), the court shall impose a fine of not less than three hundred dollars
($300.00), and up to the maximum fine permitted under Section 1-109 of the Code
of Ordinances, in addition to any other penalty or punishment that may be
imposed by the court.
J.
Upon a third and subsequent conviction within a twenty-four (24) month
period of time, as measured from the date of issuance of previous court
summonses for which convictions were obtained, for a violation of Section
30-102(D), the court shall impose a fine of not less than five hundred dollars
($500.00), and up to the maximum fine permitted under Section 1-109 of the Code
of Ordinances, in addition to any other penalty or punishment that may be
imposed by the court.
K.
Upon a second and subsequent conviction of a violation of Section 30-114,
the court shall impose a fine of not less than five hundred dollars ($500.00),
and up to the maximum fine permitted under Section 1-109 of the Code of
Ordinances, in addition to any other penalty or punishment that may be imposed
by the court.
L.
Upon a third and subsequent conviction within a twelve (12) month period
of time, as measured from the date of issuance of previous court summonses for
which convictions were obtained, for a violation of Section 30-103, the court
shall require the owner to provide additional confinement, as outlined in
Section 30-304.A. The additional
confinement requirements shall apply regardless of whether the animal has been
classified as a potentially dangerous animal or dangerous animal.
Section
30-409.
Effective Date.
The effective date of this
Ordinance shall be March 1, 2009.
