§ 14-3A. Dangerous and vicious dog control.

(a)

Animal control officer. The governing authority of each local government shall designate an individual as dog control officer to aid in the administration and enforcement of the provisions of this article.

(1)

Upon receiving a report of a dog believed to be subject to classification as a dangerous dog or vicious dog, the animal control officer shall make such investigations as necessary to determine whether such dog is subject to classification as a dangerous dog or vicious dog. Each animal control officer is authorized to make such investigations and inquiries as may be necessary to identify dangerous and vicious dogs and their owners. A law enforcement officer or dog control officer shall immediately impound a dog if the officer believes the dog poses a threat to the public safety.

(2)

When an animal control officer classifies a dog as a dangerous dog or a vicious dog, the animal control officer shall per state law notify the dog's owner in writing by certified mail to the owner's last known address of such. Such notice shall be dated and deemed complete upon its mailing.

(3)

A person carrying out the duties of an animal control officer shall not be authorized to make arrests unless the person is a law enforcement officer having the powers of arrest.

(b)

Procedures.

(1)

As applied to the owners of dangerous and vicious dogs, the procedures provided for in this section shall not be an essential element of any crime provided for in this article.

(2)

When a dangerous dog or a vicious dog is classified as such, the animal control officer shall notify the dog's owner of such in writing mailed within 72 hours.

(3)

The notice to the owner shall meet the following requirements:

a.

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

b.

The notice shall include a summary of the animal control officer's findings that formed the basis for the dog's classification as a dangerous dog or vicious dog;

c.

The notice shall be dated and shall state that the owner, within 15 days after the date shown on the notice, has a right to request a hearing on the animal control officer's determination that the dog is a dangerous dog or vicious dog;

d.

The notice shall state that the hearing, if requested, shall be before the governing body;

e.

The notice shall state that if a hearing is not requested, the animal control officer's determination that the dog is a dangerous dog or a vicious dog will become effective for all purposes under this section on a date specified in the notice, which shall be after the last day on which the owner has a right to request a hearing; and

f.

The notice shall include a form to request a hearing before the governing body and shall provide specific instructions on mailing or delivering such request to the agency.

(4)

When the governing body receives a request for a hearing as provided in this section, it shall schedule such hearing within 30 days after receiving the request. The governing body shall notify the dog owner in writing by certified mail of the date, time and place of the hearing, and such notice shall be mailed to the dog owner at least ten days prior to the date of the hearing. At the hearing, the owner of the dog shall be given the opportunity to testify and present evidence and in addition thereto the governing body shall receive such other evidence and hear such other testimony as the governing body may find reasonably necessary to make a determination either to sustain, modify or overrule the animal control officer's classification of the dog.

(5)

Within ten days after the date of the hearing, the governing body shall notify the dog owner in writing by certified mail of its determination on the matter. If such determination is that the dog is a dangerous dog or a vicious dog, the notice shall specify the date upon which that determination is effective. A dog that is found, after notice and opportunity for hearing as provided for hereinabove, to have caused a serious injury to a human on more than one occasion shall be euthanized; provided, however, that no injury occurring before July 1, 2012, shall count for purposes of this subsection.

(c)

Requirements.

(1)

It is unlawful for an owner to have or possess within the city, a dangerous dog or vicious dog without a registered dog certification issued in accordance with the provisions of this section. Certificates of registration shall be nontransferable and shall only be issued to a person 18 years of age or older. No more than one certificate of registration shall be issued per domicile. In addition to the requirements otherwise specified, no owner may keep a dangerous or vicious dog within 200 yards of any structure or manmade improvement that is an aquatic center, church, convenience store, day care, grocery store, hospital, humane society, library, nursing home, park, playground, restaurant, school, skilled nursing unit, or walking trail, due in part to these areas being frequented by children and senior citizens, and in some cases, having food present. No certificate of registration shall be issued to any person who has been convicted of two or more violations of this article. No person shall be the owner of more than one vicious dog. No certificate of registration for a vicious dog shall be issued to any person who has been convicted of: a serious violent felony as defined in O.C.G.A. § 17-10-6.1 or a felony of dog-fighting as provided for in O.C.G.A. § 16-12-37 or the felony of aggravated cruelty to animals as provided for in O.C.G.A. § 16-12-4; or a felony involving trafficking in cocaine, illegal drugs, marijuana, methamphetamine, or ecstasy as provided for in O.C.G.A. §§ 16-13-31 and 16-13-31.1, from the time of conviction until two years after completion of his or her sentence, nor to any person residing with such person.

(2)

The animal control officer shall issue a registered dog license to a qualified owner of such dog if the owner presents to the animal control officer or the animal control officer otherwise finds sufficient evidence of:

a.

The owner has maintained an enclosure designed to securely confine the dangerous or vicious dog on the owner's property, indoors, or in a securely locked and enclosed pen, fence, or structure suitable to prevent the dog from leaving such property; and

b.

The posting of all entrances to the premises where the dangerous dog or vicious dog is located with clearly visible signs warning that there is a dangerous or vicious dog on the property and containing a symbol designed to inform children of the presence of a dangerous or vicious dog.

c.

In addition to the requirements otherwise specified by section and O.C.G.A. § 4-8-27, a certificate of registration for a dangerous or vicious dog shall be issued only if the dog control officer determines that the dog has been both sterilized and micro-chipped.

(3)

In addition to the above requirements, the owner of a vicious dog shall present to the animal control officer evidence of a policy of general or specific liability insurance in the amount of at least $50,000.00 issued by an insurer authorized to transact business in this state insuring the owner of the dangerous dog against liability for any bodily injury or property damage inflicted by the dangerous dog.

(4)

The owner of a dangerous dog or vicious dog shall notify the animal control officer within 24 hours if the dog is on the loose, is unconfined, has attacked a human, or has died. If a dangerous dog has been sold or donated, the owner shall also provide the animal control officer with the name, address and telephone number of the new owner of the dog. A vicious dog shall not be transferred, sold, or donated to any other person unless it is relinquished to a governmental facility or veterinarian to be euthanized. The owner of a dangerous or vicious dog who moves from one jurisdiction to another within the state shall register the dog in the new jurisdiction within ten days of becoming a resident and notify the dog control officer of the jurisdiction from which he or she moved. The owner of a dangerous or vicious dog who moves into the city shall register the dog within 30 days of becoming a resident.

(5)

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

(6)

All owners of dogs shall be required to obtain an annual dog license per animal as set forth in the schedule of fees. All owners of dangerous dogs or vicious dogs shall pay an additional annual fee as established in the schedule of fees. Certificates of registration of dangerous dogs or vicious dogs shall be renewed on an annual basis. At the time of renewal, a dog control officer shall verify that the owner is continuing to comply. Failure to renew a certificate of registration within ten days of the renewal date or initial classification date shall constitute a violation.

(d)

Restraint.

(1)

It is unlawful for a dangerous dog to be unattended with minors or the owner of such to permit the dog to be outside a proper enclosure unless the dog is restrained by a substantial chain or leash not longer than six feet, and is under the physical restraint of a responsible person capable of preventing the dog from engaging any other human or animal when necessary, or the dog is contained in a closed and locked cage or crate, or the dog is working or training as a hunting dog, herding dog, or predator control dog, subject to the limitations below.

(2)

It is unlawful for a vicious dog to be unattended with minors or the owner of such to permit the dog to be outside a proper enclosure unless the dog is contained in a closed and locked cage or crate or is muzzled and is restrained by a substantial chain or leash not longer than six feet, and is under the restraint of a responsible person capable of preventing the dog from engaging any other human or animal when necessary. The muzzle shall be made in a manner that will prevent it from biting any person, but will not cause injury to the dog or interfere with its vision or respiration.

(3)

A proper enclosure must keep a dangerous dog or vicious dog securely confined indoors or in a securely enclosed and locked pen, fence or structure designed to prevent the dog from escaping and suitable to prevent the entry of young children. 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 as to prevent the dog's escape. Any such enclosure shall be at least 25 feet from any water or gas meter point to protect the meter reader. Any such enclosure shall also provide protection from the elements for the dog.

(4)

Training, hunting, herding exemption from dangerous dog restraint/leash requirement: In addition to the requirements otherwise specified by this section and O.C.G.A. § 4-8-29(a)(3), the person training the dog(s) must be the owner thereof, and doing so per all DNR requirements including without limitation a valid hunting license. Training, hunting, herding and/or predator control cannot take place off the property of the owner thereof, unless with the express written permission and acknowledgement of dangerousness of the dog granted by the owner of the land being used, and only with a dog that will instantly respond to the verbal commands of the dog's owner, including without limitation a command to immediately heel and/or return to the owner.

(e)

Confiscation.

(1)

A dangerous or vicious dog shall be immediately confiscated by the animal control officer or by a law enforcement officer or by another person authorized by the animal control officer in the case of any violation of this article. A refusal to surrender a dog subject to confiscation shall be a violation of this article.

(2)

Any dog that has been confiscated shall be returned to its owner upon the owner's compliance with the provisions of this section and upon the payment of reasonable confiscation costs. In the event the owner has not complied with this section within 20 days of the date the dog was confiscated, said dog shall be destroyed in an expeditious and humane manner. Criminal prosecution shall not be stayed due to owner recovery or euthanasia of the dog.

(f)

Violations.

(1)

The owner of a vicious dog who violates this section or whose vicious dog is subject to confiscation under this section shall be guilty of a misdemeanor of high and aggravated nature. In addition to any confinement that might be imposed for a conviction under this subsection, for the second conviction a fine of not less than $500.00 shall be imposed and for a third or subsequent conviction a fine of not less than $750.00 shall be imposed.

(2)

The owner of a dangerous dog who violates this section or whose dangerous dog is subject to confiscation under this section shall be guilty of a misdemeanor. In addition to any confinement that might be imposed for a conviction under this subsection, for a second conviction a fine of not less than $250.00 shall be imposed and for a third or subsequent conviction a fine of not less than $400.00 shall be imposed.

(3)

If an owner who has a previous conviction for a violation of this section knowingly and willfully fails to comply with the provisions of this section, such owner shall be guilty of a misdemeanor of high and aggravated nature if the owner's dog attacks or bites a human being under circumstances constituting another violation of this section. The owner of a dog who is convicted for a violation of this subsection shall be punished by a fine of not less than $1,000.00 or by imprisonment for not less than one year or by both such fine and imprisonment.

(4)

An owner who knowingly and willfully fails to comply with this section shall be guilty of a misdemeanor of high and aggravated nature if the owner's dog aggressively attacks and causes severe injury or death of a human being under circumstances constituting a violation of this section. The owner of a dog who is convicted for a violation of this subsection shall be punished by a fine of not less than $1,000.00 or by imprisonment for not less than one year or by both fine and imprisonment.

(5)

In addition to the penalties for violations under this section, the dog involved shall be immediately confiscated by the animal control officer or by a law enforcement officer or another person authorized by the animal control officer and placed in quarantine for the proper length of time as determined by the county board of health, and, thereafter, the dangerous dog shall be destroyed in an expeditious and humane manner.

(6)

No owner of a dog shall be held criminally liable under this section for injuries inflicted by said owner's dog to any human being willfully trespassing on the owner's property.

(g)

Exceptions. A dog that inflicts an injury upon a person when the dog is being used by a law enforcement officer to carry out the law enforcement officer's official duties shall not be a dangerous dog or vicious dog within the meaning of this section. A dog shall not be a dangerous dog or a vicious dog within the meaning of this section 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.

(h)

Previously classified. Any dog classified prior to July 1, 2012, as a potentially dangerous dog in this state shall on and after that date be classified as a dangerous dog under this article. Any dog classified prior to July 1, 2012, as a dangerous dog or vicious dog in this state shall on and after that date be classified as a vicious dog under this article. The owner of any dog referred to in subsection (a) of this section shall come into compliance with all current provisions of this article by January 1, 2013.

(Amend. of 12-11-2012)