§ 14-1. Definitions.

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:

Abandonment (of an animal) means the act of any person who:

(1)

Abandons an animal by leaving an animal unattended for a period of time in excess of 24 hours without food, water, adequate ventilation or shelter on public or private property, including, but not limited to, the property of the owner/custodian;

(2)

Puts out, leaves, abandons, or in any other way discards any animal on public or private property, including, but not limited to, the property of the owner/custodian, and including, but not limited to, leaving an animal contained in a box, bag, fence, house or other structure or tethered; or

(3)

Places an animal in the custody of a state licensed entity, such as, but not limited to, a veterinary clinic, grooming facility, boarding facility, or pet sitter for treatment, boarding, or other care, and fails to reclaim the animal by the agreed upon time. The entity shall abide by the requirements of O.C.G.A. § 44-14-490 in disposing of the animal.

Animal means any type of domestic animal commonly kept as a pet including, but not limited to, dogs and cats.

Animal establishment means any pet shop, kennel, grooming shop, auction, performing animal exhibition or other facility engaged in the handling of animals, excluding licensed veterinarians and veterinary clinics and hospitals.

Animal shelter means any facility operated by any governmental entity, humane society, or other organization for the purpose of impounding or caring for animals held under the authority of this chapter or state law.

At large means an animal is considered at large when it is not under control as provided in this chapter.

Auctions means any place or facility where animals are regularly bought, sold or traded, except for those facilities otherwise defined in this chapter. Individual sales of animals by owners are not auctions as defined in this chapter.

Community cat means any free-roaming cat, lacking discernible evidence of ownership, that may be cared for by one or more residents of the immediate area who is/are known or unknown.

Community cat caregiver means a person who, in accordance with trap-neuter-vaccinate-return provides care, including food, water, shelter or medical care to a community cat. A community cat caregiver shall not be considered the owner, harborer, controller, provider, processor or keeper of a community cat.

Cruelty means every act, omission or neglect whereby unjustifiable pain, suffering, maiming or death may be caused or permitted to any animal as defined in this section.

Ear-tipped cat means an unowned cat with a ¼-inch of the left ear removed while the cat is under anesthesia to identify the cat as being sterilized (spayed/neutered) and vaccinated for rabies.

Fenced enclosure means an enclosure made of wire, wood, stone or other materials which is of sufficient height and strength to act as a barrier against the passage of the animal it is intended to enclose. An "invisible fence" is not an acceptable fenced enclosure for an animal.

Hobby breeder means a person who offers for sale one litter of animals during a 12-month period per household. A household which sells two litters during a 12-month period, even if the litters are produced from different animals, will not be considered a hobby breeder and will be subject to the registration procedures applicable to animal establishments and breeders as designated in this chapter.

Humane manner means care of an animal to include, but not to be limited to, adequate heat, ventilation, sanitary shelter, wholesome fresh food, and access to fresh, clean, wholesome water at all times, consistent with the normal requirements and feeding habits of the animal's size, species and breed.

Kennel means any premises where any person who engages in the business of boarding, breeding, buying, letting for hire, training for a fee or selling animals, excluding licensed veterinarians and veterinary clinics and hospitals and facilities owned and/or operated by government entities.

Neutered means incapable of sexual reproduction.

Nuisance means an animal shall be considered a nuisance if it:

(1)

Damages, soils, defiles or defecates on private property (other than the property of the owner of the animal), or public property and recreational areas;

(2)

Causes unsanitary, dangerous or offensive conditions;

(3)

Causes a disturbance by excessive barking or other noise making;

(4)

Molests, attacks or interferes with persons on public or private property, unless the animal is a guard dog actively performing its duties while confined to the property of the owner or responsible person; or

(5)

Chases vehicles or attacks other animals.

Owner means any person owning, possessing, harboring, keeping or having custody or control of an animal subject to this chapter. This definition is intended to include any person that is the custodian of an animal. Provided however, an owner does not include a community cat caregiver.

Pet shop means any person engaged in the business of buying or selling two or more species of live animals with the intent that they be kept as pets.

Shelter (adequate) means protective cover for a domestic animal appropriate for the species and providing adequate space to maintain the animal in good health, which also prevents pain, suffering or a significant risk to the animal's health.

(1)

Adequate shelter includes, but is not limited to, the following:

a.

Sufficient coverage and insulation to protect an animal from extreme hot and cold temperatures;

b.

Sufficient protection from the elements to keep the animal dry;

c.

Sufficient shade and ventilation to prevent an animal from overheating and/or dehydrating; and

d.

Adequate bedding or resting area suitable for the breed, species, age, size, and medical condition of the animal.

(2)

Adequate shelter is structurally sound housing which provides an animal with:

a.

Adequate space;

b.

Four solid walls or an "igloo" type of structure;

c.

A roof;

d.

A dry floor that is either:

1.

Solid; or

2.

Grids, provided the animal can easily stand, walk, lay and sit on the grids without its feet or body parts being caught, damaged, or injured. The grids and area under the grids must be designed so that they can be cleaned and sanitized.

e.

An entrance; and

f.

Adequate space for the number of animals on the property.

(3)

Materials not suitable for shelters include, but are not limited to:

a.

Inadequately insulated containers;

b.

Crates with exposed sharp edges;

c.

Metal or plastic drums;

d.

Abandoned or parked vehicles;

e.

Porches or decks;

f.

Lean-tos;

g.

Any other structure that fails to provide sufficient protection from the elements; and

h.

Any other structure that is not safe or suitable for housing the species.

Space (adequate) means:

(1)

Sufficient safe space for adequate exercise suitable to the age, size, species and breed of animal;

(2)

Sufficient space during periods of confinement, suitable to the age, size, species and breed of animal to permit the animal to turn about freely, stand, sit, or lie, move, etc. in a comfortable and normal position; or

(3)

For sick or injured animals, confinement as directed by a veterinarian.

Spayed means incapable of sexual reproduction.

Trap-neuter-vaccinate-return means the process of humanely trapping, sterilizing (spay/neuter), vaccinating for rabies, ear tipping and returning community cats to their original location.

Under control means any animal shall be considered under control if it is on the property and/or premises of its owner, or is secured by a leash, chain, or lead of sufficient strength to prevent it from escaping from its owner when away from the premises of the owner. An animal may be considered under control if the owner is accompanying the animal and has voice, whistle or other control over such animal and such animal is trained to respond to such voice, whistle or other control. The burden of proving that an animal is trained to respond to voice, whistle or other control remains with the owner of such animal and a rebuttable presumption exists that an animal which is not confined to the premises of its owner without being secured by a chain, leash or lead of sufficient strength or fence to prevent it from escaping is not under control of its owner.

Unsanitary means and involves conditions such as, but not limited to, filth and bacteria, which endanger the health of humans and/or animals.

Veterinary clinic and hospital means a clinic or hospital operated by a licensed veterinarian.

Vicious animal means any animal which constitutes a physical threat to human beings or other animals by virtue of one or more documented unprovoked attacks or threats of attack of such severity as to cause physical injury, or significant mental trauma to the victim. An animal is also considered to be vicious if it makes an unprovoked attack on people, other animals or on physical property on or off it owner's property. Animal attacks shall be documented by reporting such attacks to the county animal control office. If the animal attack involves the biting of a person or another animal, the attack shall also be reported to the county animal control office.

Wild and exotic animals means any monkey or other nonhuman primate, such as raccoon, skunk, wolf, squirrel, fox, leopard, panther, tiger, lion, lynx, ferret, bear, llama, wild rabbit, tarantula, wild rodent, and reptiles, including, but not limited to, crocodiles, alligators, poisonous snakes, caiman, and gavial, and any other animal so designated by the animal control department, but shall not include cats or dogs.

(Res. No. 18-22, § 1(Exh. A), 5-8-2018)

Cross reference

Definitions generally, § 1-4.