Sec. 14-1Definitions

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

Abused animal means any animal which is mistreated, beaten, tormented, or teased; or is deprived of water, food, or shelter; or is kept under unsanitary conditions; or is abandoned; or is trained for fighting other animals.

Animal means a multicellular organism of the kingdom Animalia differing from plants in certain typical characteristics, such as a capacity for locomotion, nonphotosynthetic metabolism, pronounced response to stimuli, restricted growth, and fixed bodily structure.

Animal control officer means a person charged by the city manager with enforcing this chapter.

At heel means a condition in which an animal is in the immediate vicinity of its owner and clearly under the voice control of that person and that control is clearly being exerted.

At-large. An animal shall be deemed at large when the animal is in any public street, right-of-way, park, or other public grounds, or when off the premises of the owner or person who has custody of the animal, and not under restraint or under the immediate control (at heel) of the owner or the person who has custody of the animal.

Cat means a feline of whatever breed and all ages.

Dangerous dog means any dog that, according to the records of the county sheriff's department, the city police department, and any other department or agency with jurisdiction in the incorporated areas of the city:

(1) Inflicts a severe injury on a human being without provocation on public or private property at any time after adoption of this chapter; or

(2) Aggressively bites, attacks, or endangers the safety of humans without provocation after the dog has been classified as a potentially dangerous dog and after the owner had been notified of such classification.

Dog means a canine of whatever breed and all ages.

Dog control officer means an individual selected by the city pursuant to the provisions of O.C.G.A. § 4-8-22(c) to aid in the administration and enforcement of the provisions of article VI of this chapter.

Guard dog means any dog which has been trained to attack persons independently or upon command and any dog which, while not so trained, is reasonably expected to perform as a guardian of its owner and/or the property upon and within which he is located.

Harboring. The occupant of any premises on which an animal is kept or to which it customarily returns daily for food and care for a period of ten days or more is presumed to be harboring or keeping the animal.

Humane manner means care of an animal, to include protection from injury, adequate coolness and heat, ventilation, sanitary shelter, wholesome food and water which are consistent with the normal requirements and breeding habits of the animal's size, species, and breed.

Kennel means an establishment kept for the purpose of breeding, selling, training, or boarding animals.

Nuisance. An animal shall be hereby declared to be a public nuisance if it:

(1) Damages, defiles, or defecates on private property other than that of the owner of the animal or on public property (unless such waste is immediately removed and properly disposed of by the animal owner);

(2) Causes an unsanitary, dangerous, or offensive condition;

(3) Causes a disturbance by excessive barking or other noisemaking;

(4) Chases vehicles;

(5) Molests, attacks, or interferes with persons, other domesticated animals, or livestock;

(6) Does not have proof of rabies inoculation clearly displayed, if required;

(7) Is trained, owned, or harbored for the purpose, primary or in part, of animal fighting; or is contrary to the public health, welfare, or safety according to the rules and regulations promulgated by the city, which rules and regulations are incorporated in this section and made a part of this chapter as if fully set out in this section.

Any person who knowingly keeps, owns, harbors, or acts as custodian of an animal constituting a nuisance shall be guilty of a violation of this chapter and shall be treated accordingly.

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 an animal within the city limits.

Poison means a substance that through its chemical action usually kills, injures, or impairs an organism.

Potentially dangerous dog means any dog that bites a human being without provocation on either public or private property. Dogs which merely chase someone or act aggressively need not be classified as potentially dangerous. Dogs used by law enforcement officers, or dogs who attack in response to torment, abuse, or assault, are exempt from this classification.

Pound means those premises designated by the city council for the purpose of holding and caring for animals found to be at large by those persons charged with the enforcement of these regulations.

Proper enclosure means an enclosure for keeping a dangerous dog or potentially dangerous dog while on the owners property securely enclosed 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 with a fence, all sides of the fence shall be of sufficient height and the bottom of the fence 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 protection from the elements for the dog.

Rabies vaccination means inoculation of an animal with an approved rabies vaccine.

Severe injury means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery or a physical injury that results in death.

Under restraint means secured by a leash or lead not to exceed six feet in length and held by a responsible, able-bodied person.

History: (Ord. No. 01-04, §§ 4.01, 4.02, 4-5-2001)

Cross reference— Definitions generally, § 1-2.

State Law reference— Definitions, O.C.G.A. §§ 4-8-21, 4-8-41, and 4-14-2.