Sec. 14-231Purpose, definitions, and exceptions

(a) Purpose. This article is passed under the authority of and in compliance with O.C.G.A. § 4-8-1 et seq. The purpose of this article is to clearly define local government responsibility, as well as limit the administrative and liability burdens upon the city with regard to dangerous or vicious dogs.

As set forth in O.C.G.A. § 4-8-1, to the extent that the application of any provision hereof would result in the control and regulation of dogs in a manner less restrictive that the minimum standards provided for in O.C.G.A. Title 4, Chapter 8, then such provision contained herein shall yield and the applicable provision contained in O.C.G.A. Title 4, Chapter 8 shall govern.

(b) Definitions. Unless otherwise defined within this article, all terms contained herein shall have the definitions set forth in O.C.G.A. § 4-8-21. As provided in that code section, the following definitions are incorporated herein:

(1) Classified dog means any dog that has been classified as either a dangerous dog or vicious dog.

(2) Dangerous dog means any dog that:

a. 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;

b. 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

c. 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.

(3) 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.

(4) 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.

If the definition of any term contained above is modified or amended as set forth in O.C.G.A. Title 4, Chapter 8, then such term shall be deemed to have the meaning as provided by statute and the definitions above shall yield to such statutory definitions.

(c) Exceptions.

(1) Notwithstanding any other provision contained herein, 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 a vicious dog within the meaning of this article.

(2) Notwithstanding any other provision contained herein, a dog shall not be a dangerous dog or a vicious dog within the meaning of this article if the injury inflicted by the dog was sustained by a person who, at the time, was committing a trespass, was abusing the dog, or was committing or attempting to commit an offense under O.C.G.A. Title 16, Chapter 5.

History: (Ord. No. 15-04, § 3(Exh. A), 5-7-2015)