§ 14-3. Definitions—Dangerous and vicious dogs.

Dangerous dog means any dog that:

(1)

Causes a substantial puncture of a person's skin by teeth without causing serious injury; provided, however, that a nip, scratch, or abrasion shall not be sufficient to classify a dog as dangerous under this subparagraph;

(2)

Aggressively attacks in a manner that causes a person to reasonably believe that the dog posed an imminent threat of serious injury to such person or another person although no such injury occurs; provided, however, that the acts of barking, growling, or showing of teeth by a dog shall not be sufficient to classify a dog as dangerous under this subparagraph; or

(3)

While off the owner's property, kills a pet animal; provided, however, that this subparagraph shall not apply where the death of such pet animal is caused by a dog that is working or training as a hunting dog, herding dog, or predator control dog.

Dangerous dog control law is as contained in O.C.G.A. 4-8-20 et seq., as amended in 2012 and thereafter, which is incorporated herein and made a part hereof by reference.

Owner means any natural person or any legal entity, including, but not limited to, a corporation, partnership, firm, or trust owning, possessing, harboring, keeping, or having custody or control of a dog. In the case of a dog owned by a minor, the term "owner" includes the parents or person in loco parentis with custody of the minor.

Serious injury means any physical injury that creates a substantial risk of death; results in death, broken or dislocated bones, lacerations requiring multiple sutures, or disfiguring avulsions; requires plastic surgery or admission to a hospital; or results in protracted impairment of health, including transmission of an infection or contagious disease, or impairment of the function of any bodily organ.

Under control means:

(1)

Confined by fence, pen, cage, or secure enclosure to the premises of its owner;

(2)

Secured by a leash, chain or lead of sufficient strength to prevent it from escaping from the premises of the owner; or

(3)

Located under the immediate physical control of a responsible person, provided, however, that if a dog consistently heeds its owner's verbal commands, it need not be leashed to be deemed under control, so long as it is within sight of its owner and remains responsive to its owner's verbal commands.

Vicious animal means any animal, other than a dog, that attacks or attempts to attack without provocation a human being or domestic animal.

Vicious dog means a dog that inflicts serious injury on a person or causes serious injury to a person resulting from reasonable attempts to escape from the dog's attack.

(Amend. of 12-11-2012)

Editor's note

An amendment of December 11, 2012, amended the Code by repealing former § 14-3 and adding new §§ 14-3 and 14-3A. Former § 14-3 pertained to vicious animals, dogs and cats, and derived from an ordinance of August 8, 2006.