Whitfield County
Animal Shelter
Our location
156
Gillespie Drive
Dalton,
Ga 30721
Shelter
phone
(706)
278-2018 option 2
Animal
Control
(706)
278-2018 option 1
Email
animalshelter@whitfieldcountyga.com
Shelter Hours:
Monday
- Friday 8:00am to 5:00pm
Closed for lunch from 12pm-1pm
Saturday-Sunday CLOSED
We are also closed on major holidays.
Important links
Whitfield
County Sheriff's Department
Our Mission
To provide a safe place for animals
in need, ensuring their well being and finding them loving homes.
To help pets in need through
sheltering, adoption, education, spay/neuter, and community outreach.
We strive to save animals through
reuniting, rescue, adoption.
To promote spay/neuter throughout the
community.
Looking
for a new best friend?
The animals below
are currently available for adoption. Take a look and find your forever
companion!!
Looking
for your lost pet? Let us help!
Sec. 4-1. Definitions.
As used hereinafter, the
following words and terms shall have the meaning set forth unless the context
clearly indicates otherwise:
Abandonment
shall mean the act by an owner of leaving, deserting, rejecting, or renouncing
responsibility of or claim to a domesticated animal.
Adequate food and water shall mean unspoiled food and fresh water, which are
in sufficient quantity and otherwise appropriate to the particular domesticated
animal to maintain good health and hydration. With respect to a dog or cat,
such food and water shall be placed within containers that are clean and
otherwise free from contaminants or debris and shall be secured or weighted so
as to prevent unintended spillage to the extent practicable.
Adequate shelter shall mean a protective covering appropriate to dog(s) or cat(s),
providing sufficient space to keep and maintain the domesticated animal in good
health and free from pain and suffering. Such shelter shall be relatively
clean, dry, and designed to withstand expected weather conditions. Bedding
material within such structure shall be provided during colder temperatures and
adequate ventilation during warmer temperatures. Taking into account the age,
size and condition of the dog or cat, such shelter shall be of sufficient size
to allow the domesticated animal to stand, turn around, lie down, and enter and
exit the structure comfortably. If constructed of wood or similar materials,
such shelter shall be raised not less than two inches from the ground to avoid
rot and water infiltration. Adequate shelter shall include consideration of the
number of animals living on the property.
Aggressive
shall be descriptive of any dog which appears to have a propensity for
attacking persons, or which has in fact attacked a person on at least one
occasion, or which threatens persons by growling or barking in such a manner
that causes persons of reasonable sensibilities to be apprehensive for his or
her safety.
Animal shall
mean all living nonhuman creatures, domestic or wild, including livestock.
At large
shall mean not under the direct physical or voice restraint of the owner,
whether on or off the owner's premises.
Bite shall
mean any physical contact with human skin of the teeth, nails, or claws of an
animal which produces bleeding by the person.
Board of commissioners shall refer to the Whitfield County Board of
Commissioners unless otherwise specified. Synonymous with "governing
authority."
Cat shall
mean the domestic cat, Felis catus.
Citation
shall mean a written notice issued to a person stating that there is probable
cause to believe that the person has committed an infraction of this chapter
and directing the person to respond to the charge at a certain date and time in
the Magistrate Court of Whitfield County.
Classified dog
means any dog that has been classified as either a dangerous dog or vicious dog
pursuant to this chapter. Provided, however, no dog shall be classified as a
dangerous dog or vicious dog for actions that occur while the dog is being used
by a law enforcement or military officer to carry out the law enforcement or
military officer's official duties, and no dog shall be classified as a
dangerous dog or a vicious dog if the person injured by such dog was a person
who, at the time, was committing a trespass, was abusing the dog, or was
committing or attempting to commit an offense under Chapter 5 of Title 16 of
the Official Code of Georgia.
County shall
refer to Whitfield County unless otherwise specified. Synonymous with
"local government."
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 officer shall mean that individual appointed by the board of
commissioners to aid in the enforcement and administration of the dangerous dog
control portion of this chapter by examining and reasonably evaluating whether
or not a dog shall be classified as a dangerous dog or as a potentially
dangerous dog. Such person shall not be an employee of the county sheriff's
department or other law enforcement agency within the county, but may otherwise
be employed by the county. Such person may be, but is not required to be, a
licensed veterinarian.
Dog shall
refer to the domestic dog, Canis familiaris.
Domesticated animal shall mean any animal domesticated by persons so as to live and breed
in a tame condition. Examples shall include, but not be limited to, dogs, cats,
horses, cattle, goats, ostriches, emus, llamas, and chickens.
Exercise area
shall refer to the unobstructed area within which a domesticated animal may
walk or run while tethered without encountering obstacles impeding movement.
Humane care
shall mean, but not be limited to, the provision of adequate heat, ventilation,
sanitary shelter, and wholesome and adequate food and water, consistent with
normal requirements and feeding habits of the animal's size, species, and
breed.
Merit system
shall refer to the Whitfield County merit system of personnel administration,
which shall govern the employment of all employees of the department except the
director.
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.
Person shall
refer to any individual, firm, corporation, partnership, organization, or
association.
Potentially dangerous dog shall mean any dog which has, without provocation,
bitten any person on public or private property at any time between March 31,
1989 and July 1, 2012.
Public nuisance shall mean any domesticated animal which unreasonably annoys persons, endangers the life or health of persons or of other domesticated animals, or substantially interferes with the rights of citizens, other than the owner of such animal, to enjoy fully life and property. The term shall include, but not be limited to, any domesticated animal which:
(a) Is found at large;
(b) Damages the property of anyone other than its owner;
(c) Chases vehicles;
(d) Attacks other domesticated animals; or
(e) Without provocation attacks pedestrians or passersby.
Proper enclosure for a dangerous dog or for a
potentially dangerous dog shall mean
an enclosure for keeping a dangerous dog or potentially dangerous 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 children or
other animals 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 as 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. Any such
enclosure shall be locked at all times so as to prevent the unintentional
opening of the enclosure. The dog shall not be permitted to come into contact
with animals other than those which reside at the owner's residence nor shall
the dog be permitted to come into contact with any persons other than the owner
and the immediate family.
Quarantine
shall mean the humane confinement of an animal for observation of symptoms of
rabies or other disease in a proper enclosure which prevents the animal from
coming into unplanned contact with any other animal or person.
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.
Stray shall
mean any domesticated animal which is at large and whose owner is unknown or
not readily identifiable.
Trolley system (or running cable line) shall refer to a tethering system consisting of a
horizontal braided metal cable not less than ten feet in length attached at
each end to a stationary object, such as a vertical post or tree. The
horizontal cable shall have stops at each end to limit the travel distance and
to prevent the domesticated animal from becoming entangled around the
stationary object. The dog shall be attached to the horizontal cable with an
appropriate lead with secure metal swivels on either end. Such trolley system
shall, at all times, provide the dog access to Adequate shelter.
Unsanitary conditions shall mean any domesticated animal's living space shall be considered unsanitary for purposes hereunder if it is contaminated by health hazards or irritants, including, but not limited to the following:
a. Excessive animal waste;
b. Standing water or mud;
c. Garbage, trash, junk, debris or other waste;
d. Rancid, contaminated, or dirty food or water;
e. Excessive fumes, foul or noxious odors, or chemicals;
f. Uncontrolled parasite or rodent infestation;
g. Areas containing nails, screws, broken glass, metal, sharp
objects or the like.
Vaccination
shall mean inoculation with anti-rabies vaccine given by a licensed
veterinarian, the dose of which is sufficient to provide immunity against
rabies for at least one year.
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.
(Res. of 11-13-00; Ord. of
12-6-10(1), § 1; Ord. of 10-8-12, §§ 1, 2; Ord. No. 2022-316 , § 1, 3-16-22)
Sec. 4-2. Application of chapter to domesticated animals only.
Unless this chapter shall
specifically state otherwise or unless the context shall clearly provide
otherwise, this chapter shall apply only to domesticated animals, as defined
hereinabove, and not to all animals. The Georgia Department of Natural
Resources, or other appropriate agency, should be consulted regarding
nondomesticated animals, including wild animals and migratory birds.
(Res. of 11-13-00)
Sec. 4-3. Purposes.
The broad purposes of this
chapter shall include, but not be limited to, the following:
(a) To set forth the minimum standards by which the county sheriff's
department or other appropriate law enforcement agency shall operate in its
enforcement of all state and county laws, ordinances, and resolutions relating
to domesticated animals and the care, custody, and control of such domesticated
animals;
(b) To protect and to promote the health, welfare, and safety of the
general public;
(c) To educate the general public with regard to proper maintenance
and care of domesticated animals, including, but not limited to, educating the
public as to the benefits of spaying or neutering such domesticated animals to
prevent undesired reproduction;
(d) To enforce and to promote the public health requirement that all
dogs and cats be properly vaccinated against rabies on an annual basis;
(e) To enforce and to promote the public safety requirement that all
dangerous dogs and all potentially dangerous dogs be properly confined and that
necessary measures be taken to protect the public at large from such animals.
(Res. of 11-13-00)
Sec. 4-4. Contract for enforcement with municipalities within the county.
The county sheriff's
department's jurisdiction for enforcement of this chapter shall be in the
unincorporated portion of Whitfield County. However, the sheriff's department
shall be authorized to provide its services within any municipality within the
county which shall enter an agreement with the county for the provision of such
services, which shall adopt verbatim the substantive provisions of this chapter
for enforcement within such corporate limits. Any such intergovernmental
agreement shall be subject to any state law which may govern.
(Res. of 11-13-00)
Sec. 4-5. Jurisdiction of magistrate court.
Pursuant to the provisions
of O.C.G.A. § 15-10-60 et seq., the Magistrate Court of Whitfield County shall
have jurisdiction to hear and to determine all alleged violations of this
chapter unless the accused shall demand a jury trial, in which case the
prosecution shall be removed to the Whitfield County Superior Court for jury
trial as a misdemeanor.
(Res. of 11-13-00)
Sec. 4-6. Penalty for violation of chapter.
Pursuant to the provisions
of O.C.G.A. § 36-1-20(b) and § 15-10-60(a), the maximum punishment for the
violation of this chapter shall not exceed a fine of $1,000.00 or imprisonment
for 60 days, or both.
(Res. of 11-13-00)
Sec. 4-7. Impoundment.
(a) Any animal which is in violation of any portion of this chapter
may be impounded. The county sheriff's department or other appropriate law
enforcement agency shall use discretion in determining whether impoundment
shall be necessary to effectuate the purposes of this chapter.
(b) All impounded animals shall be designated as strays or owner
give-ups.
(c) All impounded animals shall be provided adequate food and water
and shall be provided with humane care while impounded.
(d) Unless otherwise waived due to demonstrated financial hardship,
there shall be assessed a fee of $10.00 per animal relinquished by the owner to
the Whitfield County Animal Shelter and designated as an owner give-up. Should
the owner request immediate euthanasia of an animal due to age, sickness,
injury, or aggressiveness, then the fee shall increase to $25.00 per animal.
(Res. of 11-13-00; Ord. No.
2017-11131, § 1, 11-13-17)
Sec. 4-8. Detention periods following impoundment.
(a) Any stray animal impounded pursuant to this chapter shall be
detained for a period of not less than five working days prior to being subject
to adoption by a third party or euthanization.
(b) Any animal impounded pursuant to this chapter which is wearing
identification tags shall be detained for a period of not less than ten working
days prior to being subject to adoption by a third party or euthanization.
During such period, the county animal control facility shall make reasonable
efforts to contact the owner, either in writing or by telephone, or both,
utilizing any information provided upon the identification tags. If the only
identification is a rabies tag, then the county animal control facility shall
contact the issuing veterinarian for identification information.
(c) If at any time during the required detention period set forth
above, the owner indicates that he or she intends not to reclaim the animal,
the balance of the detention period may be waived. In such instance, the owner
shall indicate in writing such intention not to reclaim the animal and such
writing shall be maintained by the county animal control facility.
(d) If, at any time during the required detention period,
examination of the animal indicates that the animal is severely sick or
injured, or that such animal is a threat to the health of the other animals
detained at the county animal control facility, whether as a result of the
animal's sickness or aggressiveness, or that the handling of such animal by
animal control personnel is likely to expose such person(s) to an unreasonable
risk of injury because of the animal's aggressiveness, the balance of the
detention period may be waived. In such instance, the person making the
determination that the circumstances set forth herein are satisfied shall
prepare a short written summary to be retained by the county animal control
facility of the conditions which prompted him or her to make such
determination.
(Res. of 11-13-00; Ord. of
3-14-11, § 1)
Sec. 4-9. Owner reclaims.
(a) An owner of an impounded intact animal, which has not been
spayed or neutered, may reclaim such animal during normal business hours upon
meeting all conditions set forth herein and upon the payment of a fee of
$150.00 per animal retrieved for a first offense. For each successive
impoundment of the same animal, the fee shall double, but in no instance shall
such fee exceed $600.00. An owner of an impounded sterilized animal, which has
been spayed or neutered, may reclaim such animal during normal business hours upon
meeting all conditions set forth herein and upon the payment of a fee of $25.00
per animal retrieved for a first offense. For each successive impoundment of
the same animal, the fee shall double, but in no instance shall the fee exceed
$200.00.
(b) The owner shall identify his or her animal.
(c) The owner shall provide his or her address.
(d) If the animal was not impounded near the address of the person
seeking to reclaim the animal, then some further reasonable proof of ownership
shall be required.
(e) The owner shall provide proof that any animal to be reclaimed is
currently vaccinated. If no proof shall be provided, then the owner shall be
cited pursuant to this chapter.
(f) If an owner indicates that an animal to be reclaimed has been
stolen, the county animal control facility shall use discretion in determining
whether any fees associated with reclaiming the animal shall be waived if the
owner produces a copy of a police report filed regarding the disappearance of
the animal.
(Res. of 11-13-00; Ord. No.
2017-919, § 1, 9-18-17; Ord. No. 2018-0212, § 1, 2-12-18; Ord. No. 2019-0311 ,
§ 1, 3-11-19)
Sec.
4-10. Spay/neuter requirement.
(a) Within Whitfield County, no person may own, keep, or be in
possession of a dog or cat that is six months of age or older which has not
been spayed or neutered, unless otherwise exempt from this requirement
hereunder.
(b) Whether a dog or cat shall have attained at least six months of
age shall be determined by the Whitfield County Animal Control Director, by any
duly-authorized animal control officer, by any licensed veterinarian, or by
reliable veterinary medical records concerning any such dog or cat.
(c) Any dog or cat kept for purposes of commercial breeding by a
person holding a current breeder's license issued by the Georgia Department of
Agriculture, Animal Protection System, shall be exempt from this requirement.
(d) Any dog or cat for which a licensed veterinarian has signed a
document expressing a medical opinion that the animal should not be spayed or
neutered for health reasons shall be exempt from this requirement for the
duration of the relevant health condition.
(e) Any citation issued for a first offense violation of this
requirement shall be dismissed by the Whitfield County Magistrate Court if,
prior to arraignment thereon, the defendant shall provide reliable veterinary
medical records demonstrating that such dog or cat has been spayed or neutered.
(Res. of 11-13-00; Ord. No.
2019-0311 , § 5, 3-11-19)
Ord. No. 2019-0311 , § 5, adopted
March 11, 2019, added a new § 4-10 and in doing so renumbered §§ 4-10—4-12 as
§§ 4-11—4-13, as set out below.
Sec. 4-11. Interpretation of chapter.
(a) Nothing herein shall be interpreted or applied so as to create
any power or duty in conflict with the preemptive effect of any state or
federal law, ordinance, rule, or regulation.
(b) Nothing herein shall be interpreted or applied so as to create
any liability upon Whitfield County, the county sheriff's department, or any
employee, agent, or any commissioner, for the enforcement or failure to enforce
any of the provisions contained in this chapter.
(Res. of 11-13-00; Ord. No.
2019-0311 , § 2, 3-11-19)
Sec. 4-12. Incorporation of state law; construction.
This chapter shall be
construed to effectuate its purposes and policies and to supplement such
existing state laws as may relate to animals.
(Res. of 11-13-00; Ord. No.
2019-0311 , § 3, 3-11-19)
Sec. 4-13. Severability.
If any section, sentence,
clause, or phrase of this chapter shall be held by any court of competent
jurisdiction to be invalid, unlawful, unconstitutional, or unenforceable, such
determination shall not affect the rest and remainder of this chapter.
(Res. of 11-13-00; Ord. No.
2019-0311 , § 4, 3-11-19)
Secs. 4-14—4-19. Reserved.
Sec. 4-20. Rabies control; vaccination required.
(a) It shall be unlawful for any person to own any dog or cat over
three months of age within the county unless such dog or cat is vaccinated.
This provision does not apply to dogs and cats owned by a licensed research
facility or held in a veterinary medical facility or government operated or
licensed animal shelter. All dogs and cats shall be vaccinated by a licensed
veterinarian in accordance with the latest compendium of animal rabies vaccines
and recommendations for immunization published by the National Association of
State Public Health Veterinarians.
(b) No person shall vaccinate dogs or cats against rabies who is not
licensed practice veterinary medicine.
(Res. of 11-13-00)
Sec. 4-21. Domesticated animals running at large.
It shall be unlawful for any
person owning or otherwise having a domesticated animal in his or her care,
charge, control, custody, or possession to cause or to allow such domesticated
animal to run at large, loose and unattended, in or on any public property,
vacant lot, or private property, specifically including, but not limited to,
the property of such owner.
(Res. of 11-13-00)
Sec. 4-22. Domesticated animals disturbing the peace.
It shall be unlawful for any
person owning or otherwise having a domesticated animal in his or her care,
charge, control, custody, or possession to allow any such domesticated animal
persistently or continuously to bark, howl, or make noise common to their
species or otherwise to disturb the peace and quiet of the surrounding
neighborhoods. It shall likewise be unlawful to keep or to maintain such
domesticated animals in such a manner as to produce noxious or offensive odors,
or otherwise to endanger the health and welfare of surrounding persons.
(Res. of 11-13-00)
Sec. 4-23. Restraint of dogs.
No person owning or otherwise
having a dog in his or her care, charge, control, custody, or possession shall
cause, permit, or allow the dog leave the confinement of the owner's or other
responsible party's property unless such dog is under restraint by leash or
chain. The leash or chain shall not exceed six feet in length, unless it is a
retractable-type leash. No person owning or otherwise having a dog in his or
her care, charge, control, custody, or possession shall cause, permit, or allow
such dog to be on any private property unless the owner thereof shall consent.
Dogs are additionally prohibited in those public areas so designated and posted
by the county or other governmental entity having authority to do so.
(Res. of 11-13-00)
Sec. 4-24. Restraint of cats.
No person owning or
otherwise having a cat in his or her care, charge, control, custody, or
possession shall cause, permit, or allow such cat to leave the confinement of
the owner's or other responsible party's property unless physically restrained
by a responsible person. No person owning or otherwise having a cat in his or
her care, charge, control, custody, or possession shall cause, permit, or allow
such cat to be on any private property unless the owner thereof shall consent.
Cats are additionally prohibited in those public areas so designated and posted
by the county or other governmental entity having authority to do so.
(Res. of 11-13-00)
Sec. 4-25. Cruelty to animals.
It shall be unlawful for any
person to cause the death or unjustifiable physical pain or suffering to any
domesticated animal by an act, an omission, or because of willful neglect. This
section shall specifically include, but not be limited to, the following
examples of cruelty:
(a) An owner's failure to provide adequate food and water and/or
humane care for any domesticated animal;
(b) The use of caustic, flammable, boiling, or heated substances upon
any domesticated animal;
(c) The suffocation or drowning of a domesticated animal;
(d) The torture, maiming, or mutilation of any domesticated animal;
(e) The infliction of burns, cuts, or lacerations upon any
domesticated animal.
(Res. of 11-13-00)
Sec. 4-26. Abandonment of domesticated animal.
It shall be unlawful for any
person knowingly and intentionally to abandon any domesticated animal upon any
public or private property or public right-of-way.
(Res. of 11-13-00)
Sec. 4-27. Clean-up requirement.
The owner of every dog shall
be responsible for the removal of any excreta deposited by his dog upon public
or private property.
(Res. of 11-13-00)
Sec. 4-28. Keeping of sick or diseased animals.
It shall be unlawful for any
person to own any domesticated animal which is seriously sick or injured and
not provided proper veterinary care. This section shall not be construed to
include animals under active veterinary care or veterinary hospitals.
(Res. of 11-13-00)
Sec. 4-29. Confinement of dogs and cats in heat.
Every female dog or cat in
heat shall be confined for a period of 24 days in such a manner that such dog
or cat cannot come into contact with another dog or cat except for planned
breeding. When exercised, the dog or cat shall be securely leashed.
(Res. of 11-13-00)
Sec. 4-30. Shelter/tethering requirements.
(a) Except as set forth specifically in subsections (b) and (c)
herein below, any owner of a dog, as defined in section 4-1, shall ensure that
such animal is not tethered, whether by chain, rope, leash, or the like, to any
fixed object, including, but not limited to, any post, tree, fence, doghouse,
rail, vehicle, or other structure. This prohibition against tethering shall
apply whether such dog is within any structure, out of doors, or within a
vehicle and whether such animal is located upon the owner's property or
otherwise.
(b) Notwithstanding subsection (a), provided that person not less
than 18 years of age is present at the premises at all times, a dog may be
tethered to a trolley system (or running cable line) for not more than eight
hours per day.
(c) Notwithstanding subsection (a), a dog may be tethered
temporarily, but only while the animal and its owner are immediately together
with one another and provided the tether is attached to a properly-fitted
harness or collar.
(d) The following are not permitted at any time when tethering a
dog, regardless of whether the animal is attended by its owner or not:
(1) Use of a choke, prong, or similar collar;
(2) Wrapping the tether directly around the neck;
(3) Use of a tether that restricts the animal's range of movement to
less than the greater of five feet or one-and-one-half times the length of the
animal's body;
(4) Use of a tether that places any animal within any street, alley,
sidewalk or other public place within the county or in a manner that allows any
animal to access any portion of any street, alley, sidewalk or other public
place;
(5) Confinement in an outside compartment of a vehicle while in
operation.
(Res. of 11-13-00; Ord. of
6-1-10(1), §§ 1, 2; Ord. of 12-6-10(1), § 2; Ord. No. 2022-316 , § 2, 3-16-22)
Sec. 4-31. Adoption of impounded animals.
The county animal control
facility shall encourage and permit the adoption of any animal which has been
impounded and which has been detained the appropriate number of days upon the
condition that any animal adopted must be spayed or neutered within seven days
of adoption. It shall be unlawful for any owner of an adopted animal to fail to
have such animal spayed or neutered within seven days of adoption and citation
for violation thereof may issue anytime thereafter the county animal control
facility shall cooperate with adoption efforts of the Humane Society of
Northwest Georgia, Inc., and similar nonprofit organizations, and shall have
the discretion to waive any fee associated with reclaiming an impounded animal.
(Res. of 11-13-00)
Sec. 4-32. Obstruction or interference in enforcement.
It shall be unlawful for any
person to obstruct, interfere, or hinder any person in the lawful discharge of
his or her duties pursuant to this chapter.
(Res. of 11-13-00)
Sec. 4-33. Willful violation by third party.
It shall be unlawful for any
person willfully to cause any domesticated animal to be in violation of any
portion of this chapter.
(Res. of 11-13-00)
Sec. 4-34. Transporting domesticated animals.
(a) Domesticated animals shall not be left unattended in vehicles
without adequate ventilation, or during times of extreme heat or cold. Law
enforcement officers who shall come upon a domesticated animal left unattended
in any vehicle without adequate ventilation may use reasonable force to remove
such animal and transport to the Whitfield County Animal Shelter. Any such
officer shall leave a written notice bearing the name of the officer and the
location where the animal may be claimed.
(b) Transportation of domesticated animals in the uncovered bed of a
pickup truck upon roads with a speed limit of 55 miles per hour or more shall
require the animal to be properly secured in an enclosure that is secured
safely to the pickup truck.
(Ord. of 6-1-10(1), § 3)
Sec. 4-35. Sale of dogs and/or cats.
It shall be unlawful for any
person to offer any dog or cat for sale at any flea market or other temporary
sales location.
(Ord. of 6-1-10(1), § 4;
Ord. of 6-14-10, §§ 1, 2)
Secs. 4-36—4-39. Reserved.
Sec. 4-40. Investigation by dangerous dog control officer.
Upon receiving a report of a
dog believed to be subject to classification as a dangerous dog or vicious dog
within Whitfield County, the dangerous dog control officer shall make such
investigations as necessary to determine whether such dog is subject to
classification as a dangerous dog or vicious dog. If, in the discretion of the
dangerous dog control officer, such dog should be classified as a dangerous dog
or as a vicious dog, then the dangerous dog control officer shall so classify
the dog.
(Res. of 11-13-00; Ord. No.
10-8-12, § 3)
Sec. 4-41. Notice of classification.
When the dangerous dog
control officer determines that a dog is subject to classification as a
dangerous dog or vicious dog, the dog control officer shall cause a notice to
be mailed to the dog owner's last known address within 72 hours of such
determination. Such notice shall include a summary of the dog control officer's
determination and shall state that the owner has a right to request a hearing
from the Whitfield County Board of Health on the determination within seven
days after the date shown on the notice. The notice shall provide a form for
requesting the hearing and shall state that if a hearing is not requested
within the allotted time, the dog control officer's determination shall become
effective and conclusive. If an owner cannot be located within ten days of the
dog control officer's determination that such dog is subject to classification
as a dangerous dog or vicious dog, such dog may be released to the Whitfield
County Animal Shelter or humanely euthanized, as determined by the dog control
officer.
(Res. of 11-13-00; Ord. No.
10-8-12, § 4; Ord. No. 2017-919, § 2, 9-18-17)
Sec. 4-42. Dangerous dog hearings.
When a hearing is requested
by a dog owner in accordance with section 4-41, such hearing shall be scheduled
within 30 days after the request is received; provided, however, that such
hearing may be continued by the chair of the Whitfield County Board of Health
for good cause shown, including, but not limited to, the gathering of a quorum.
At least ten days prior to the hearing, the Whitfield County Board of Health
shall mail to the dog owner written notice of the date, time, and place of the
hearing. At the hearing, the dog owner shall be given the opportunity to
testify and present evidence and the Whitfield County Board of Health conducting
the hearing shall receive other evidence and testimony as may be reasonably
necessary to sustain, modify, or overrule the dog control officer's
determination.
(Ord. No. 2017-919, § 3,
9-18-17)
Sec. 4-43. Notification of determination.
Within ten days after the
hearing, the Whitfield County Board of Health shall cause written notice of its
determination to be mailed to the dog owner. If such determination is that the
dog is a dangerous dog or a vicious dog, the notice of classification shall specify
the date upon which the determination shall be effective. If the determination
is that the dog is to be euthanized pursuant to O.C.G.A. § 4-8-26, the notice
shall specify the date by which the euthanasia shall occur.
(Ord. No. 2017-919, § 4,
9-18-17)
Editor's note(s)—Ord. No.
2017-919, § 4, adopted Sept. 18, 2017, repealed the former § 4-43, and enacted
a new § 4-43 as set out herein. The former § 4-43 pertained to dangerous dog
hearings and derived from Res. of 11-13-00.
Sec. 4-44. Judicial review of determination.
Judicial review of the
Whitfield County Board of Health's final decision may be had in accordance with
O.C.G.A. § 15-9-30.9. Judicial review of the Whitfield County Probate Court's
final decision shall be in accordance with O.C.G.A. § 5-3-2 and costs shall be
paid as provided in O.C.G.A. § 5-3-22.
(Ord. No. 2017-919, § 5,
9-18-17)
Editor's note(s)—Ord. No.
2017-919, § 5, adopted Sept. 18, 2017, repealed the former § 4-44, and enacted
a new § 4-44 as set out herein. The former § 4-44 pertained to notification of
determination of board of commissioners and derived from Res. of 11-13-00 and
Ord. No. 10-8-12, § 6.
Sec. 4-45. Requirements for possessing dangerous or vicious dog.
(a) It shall be unlawful for an owner to have or to possess within
Whitfield County a classified dog without a certificate of registration issued
in accordance with this chapter by Whitfield County Animal Control.
Certificates of registration shall be non-transferable 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. Any owner seeking a certificate of
registration shall pay an annual fee of $100.00 to the dangerous dog control
officer, as well as to comply with the remaining requirements of this section.
(b) Unless otherwise specified by this code section, a certificate
of registration for a dangerous dog shall be issued if the dog control officer
determines that the following requirements have been met:
(1) The owner has maintained an enclosure designed to securely
confine the dangerous dog on the owner's property, indoors, or in a securely
locked and enclosed pen, fence, or structure suitable to prevent the dangerous
dog from leaving such property; and
(2) Clearly visible warning signs have been posted at all entrances
to the premises where the dog resides.
(c) Except as provided in subsections (e) and (f) of this Code
section, a certificate of registration for a vicious dog shall be issued if the
dog control officer determines that the following requirements have been met:
(1) The owner has maintained an enclosure designed to securely
confine the vicious dog on the owner's property, indoors, or in a securely
locked and enclosed pen, fence, or structure suitable to prevent the vicious
dog from leaving such property;
(2) Clearly visible warning signs have been posted at all entrances
to the premises where the dog resides;
(3) A microchip containing an identification number and capable of
being scanned has been injected under the skin between the shoulder blades of
the dog; and
(4) The owner maintains and can provide proof of general or specific
liability insurance in the amount of not less than $50,000.00 issued by an
insurer authorized to transact business in this state insuring the owner of the
vicious dog against liability for any bodily injury or property damage caused
by the dog.
(d) No certificate of registration shall be issued to any person who
has been convicted of two or more violations of this article.
(e) No person shall be the owner of more than one vicious dog.
(f) No certificate of registration for a vicious dog shall be
issued to any person who has been convicted of one or more of the following
offenses from the time of conviction until two years after completion of his or
her sentence, nor to any person residing with such person:
(1) A serious violent felony as defined in O.C.G.A. § 17-10-6.1;
(2) The felony of dogfighting 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
(3) 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.
(g) Certificates of registration shall be renewed on an annual
basis. At the time of renewal of a certificate of registration for a classified
dog, a dog control officer shall verify that the owner is continuing to comply
with provisions of this article. Failure to renew a certificate of registration
within ten days of the renewal date or initial classification date shall
constitute a violation of this article.
(h) The owner of a classified dog shall notify the dog control
officer within 24 hours if the dog is on the loose or has attacked a human and
shall notify the dog control officer within 24 hours if the dog has died or has
been euthanized.
(i) The owner of a classified dog shall notify the dangerous dog
control officer if the owner is moving from the dangerous dog control officer's
jurisdiction of the unincorporated area of Whitfield County. The owner of a
classified dog who is a new resident of the state and the unincorporated area
of the county shall register the dog as required in this section in the county
within 30 days after becoming a resident. The owner of a classified dog who
moves from any location within the state to the unincorporated area of the
county shall register the dangerous dog or potentially dangerous dog as
required by this section in the county within ten days after becoming a
resident.
(j) 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.
(k) Issuance of a certificate of registration or the renewal of a
certificate of registration by the county does not warrant or guarantee that
the requirements specified in subsections (b) and (c) of this section are
maintained by the owner of a classified dog on a continuous basis following the
date of the issuance of the initial certificate of registration or following
the date of any annual renewal of such certificate.
(l) The dangerous dog control officer is authorized to make
whatever inquiry is deemed necessary to ensure compliance with the provisions
of this article. The sheriff and his deputies shall cooperate with the
dangerous dog control officer in enforcing the provisions of this article.
(Res. of 11-13-00; Ord. of
10-8-12, § 7)
Sec. 4-46. Restrictions upon classified dogs and penalty for violation.
(a) It shall be unlawful for an owner of a dangerous dog to permit
the dog to be off the owner's property unless:
(1) The dog is restrained by a leash not to exceed six feet in
length and is under the immediate physical control of a person capable of
preventing the dog from engaging any other human or animal when necessary;
(2) The dog is contained in a closed and locked cage or crate; or
(3) The dog is working or training as a hunting dog, herding dog, or
predator control dog.
(b) It shall be unlawful for an owner of a vicious dog to permit the
dog to be:
(1) Outside an enclosure designed to securely confine the vicious
dog while on the owner's property or outside a securely locked and enclosed
pen, fence, or structure suitable to prevent the vicious dog from leaving such
property unless:
(A) The dog is muzzled and restrained by a leash not to exceed six
feet in length and is under the immediate physical control of a person capable
of preventing the dog from engaging any other human or animal when necessary;
or
(B) The dog is contained in a closed and locked cage or crate.
(2) Unattended with minors.
(c) A person who violates subsection (b) of this Code section shall
be guilty of a misdemeanor of high and aggravated nature in accordance with
O.C.G.A. § 4-8-29.
(d) An owner with a previous conviction for a violation of this
article whose classified dog causes serious injury to a human being under
circumstances constituting another violation of this article shall be guilty of
a felony and upon conviction thereof shall be punished by imprisonment for not
less than 1 nor more than 10 years, a fine of not less than $5,000.00 nor more
than $10,000.00, or both. In addition, the classified dog shall be euthanized
at the cost of the owner in accordance with O.C.G.A. § 4-8-29.
(e) Any irregularity in classification proceedings shall not be a
defense to any prosecution under this article so long as the owner of the dog
received actual notice of the classification and did not pursue a civil remedy
for the correction of the irregularity.
(Res. of 11-13-00; Ord. of
10-8-12, § 8)
Sec. 4-47. Confiscation of dog; euthanasia
(a) A dangerous or vicious dog shall be immediately confiscated by
any dog control officer or by a law enforcement officer in the case of any
violation of this article. Any dog, even an unclassified dog, believed to pose
a threat to public safety, shall be immediately impounded. A refusal to
surrender a dog subject to confiscation shall be a violation of this article.
(b) The owner of any dog that has been confiscated pursuant to this
article may recover such dog upon payment of reasonable confiscation and
housing costs and proof of compliance with the provisions of this article. All
fines and all charges for services performed by a law enforcement or dog
control officer shall be paid prior to owner recovery of the dog. Criminal
prosecution shall not be stayed due to owner recovery or euthanasia of the dog.
(c) In the event the owner has not complied with the provisions of
this article within 20 days of the date the dog was confiscated, such dog shall
be destroyed in an expeditious and humane manner and the owner may be required
to pay the costs of housing and euthanasia.
(d) A dog that is found, after notice and opportunity for hearing,
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 provision.
(Res. of 11-13-00; Ord. of
10-8-12, § 9)
Sec. 4-48. Violations of dangerous dog control; penalties.
Except as otherwise
specified in this article, any person who violates any provision of this
article shall be guilty of a misdemeanor in accordance with O.C.G.A. § 4-8-32.
(Res. of 11-13-00; Ord. of
10-8-12, § 10)
Sec. 4-49. Effect of prior classification
(a) (1) 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.
(2) 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.
(b) The owner of any dog referred to in subsection (a) of this Code
section shall come into compliance with all current provisions of this article
by January 1, 2013.
(Ord. of 10-8-12, § 11)
[1]Editor's note(s)—A resolution adopted Nov. 13, 2000, deleted §§ 4-1—4-37 in their entirety and enacted similar provisions to read as herein set out. Former §§ 4-1—4-37 derived from ordinances adopted Aug. 24, 1993; Aug. 23, 1994; Apr. 11, 1998; Jan. 10, 1989; Oct. 10, 1989; Aug. 9, 1999; Mar. 13, 2000; and Aug. 25, 2000.
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