§ 8-1. 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:

Abused animal means any animal that has been harmed by an act, an omission or neglect, including, but not limited to, any animal that has been:

(1)

Deprived of adequate food, water, shelter, ventilation, care, space, or veterinary care.

(2)

Physically harmed, tortured, mutilated, beaten, or illegally killed.

(3)

Trained/used for fighting other animals.

(4)

Used as bait to train/lure other animals to fight/kill.

(5)

Deprived of proper exercise.

(6)

Been left in a cage or crate for long periods of time in unsanitary conditions.

Adequate means sufficient, commensurate, equally efficient, equal to what is required, suitable to the case or occasion, satisfactory.

Adopter means both individuals as well as rescue groups, humane societies, transport groups, etc.

Animal does not include fish or any pests that might normally be exterminated or removed from a business, a residence or other structure.

Animal bite means any physical contact of the teeth, nails, or claws of an animal with human flesh, including, but not limited to, a scrape, puncture, pierce, scratch or tear, so long as bleeding results.

Animal control facility means the county animal control shelter and those facilities designated by county animal control for the housing and care of animals pursuant to this chapter.

Animal control officer means an individual authorized by local law or by the governing authority of the county or the covered municipality to carry out the duties imposed by this chapter.

Animal mill means an individual or entity that keeps and/or breeds animals in conditions where animals are frequently caged for extended periods of time, do not receive adequate care, and/or are not kept in an environment conducive to the health and well-being of the animals.

Animal shelter means an entity that possesses a shelter license from the state department of agriculture.

Bedding, adequate, means sufficient quantity of dry, noncontaminated, safe bedding, which is appropriate to the animal's age, size, species, and breed requirements.

Board of health means the county board of health, or its authorized representatives, which shall include officers or employees of county animal control.

Breeder means a person or entity that owns an animal and allows it to reproduce, whether planned or unplanned.

Business days means any a calendar day except for Saturday, Sunday, or any legal holiday. All other reference to days shall mean calendar days, Monday through Sunday, including legal holidays.

Care, adequate/humane, means attention to the needs of an animal, including, but not limited to, the provision of adequate water, food, shelter, bedding, sanitary conditions, ventilation, heating/cooling (temperature control), space, exercise and veterinary medical attention necessary to maintain the health of the animal with regard to the specific age, size, species, and breed of animal.

Classified dog means any dog that has been classified as either a dangerous dog or vicious dog pursuant to this chapter.

County animal control means collectively, the animal control manager, animal control officers, and employees who are under the direction of the county manager, his/her successor departments, or other entity selected by the board of commissioners to carry out the duties of animal control for the county pursuant to this chapter and federal and state laws.

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 committee means the county board of health or any board constituted and appointed by the board of commissioners to perform the duties of the animal control board under the state responsible dog ownership law. In addition to its duties under the state responsible dog ownership law, the dangerous dog committee shall conduct all hearings required under this chapter or state law.

Domestic animal means cats and dogs.

Effluent means an outflow or discharge of waste.

Euthanasia means the legal act of putting animals to death using humane methods approved by the state department of agriculture.

Exercise, adequate, means bodily exertion suitable to the age, size, species and breed of animal to maintain normal good health, muscle tone, nonaggressive temperament, and normal behavior.

Fighting animal/game animal means any animal that has aggressive parentage, or an animal bred and/or trained to:

(1)

Exhibit aggressive qualities;

(2)

Have no instinct to withdraw from a fight or to display signs of submission;

(3)

Fight to the point of complete exhaustion or death with minimal provocation;

(4)

Suppress the animal's instinct for self-preservation;

(5)

Inflict maximum damage to the animal's opponents;

(6)

Offer little or no indication that an attack is imminent; or

(7)

Be ready/willing for combat and unyielding in combat.

Food, adequate, means sufficient quantity of noncontaminated and nutritionally adequate food, fed according to age, size, species and breed requirements, or as directed by a veterinarian, which is sufficient to prevent starvation, malnutrition or risk to the animal's health. Garbage or spoiled/rancid food is not considered adequate food.

Foster home means a temporary home that cares for animals until they can be placed in a permanent home or returned to county animal control or its designee for adoption/disposal. Foster homes must be affiliated with and controlled by licensed rescue groups and/or licensed animal shelters.

Garbage means all refuse matter/effluent. The term "garbage" includes, but is not limited to, animal or vegetable refuse, byproduct of a restaurant, kitchen, or meat/poultry processing establishment, spoiled/rancid food and refuse accumulation of animal, fruit, or vegetable matter, liquid or otherwise (that is normally discarded).

Grid means a manufactured type of wood, plastic, or wire flooring specifically designed to be used in an area where an animal is housed.

Hoarder means a person or entity that:

(1)

Collects animals and fails to provide them with humane/adequate care;

(2)

Collects dead animals that are not properly disposed of as required by this chapter; or

(3)

Collects, houses, or harbors animals in filthy, unsanitary conditions that constitute a health hazard to the animals being kept, and/or to the animals or residents of adjacent property.

Humane society means a licensed organization that rescues, assists and provides care for animals, educates the public in humane care of animals, initiates/facilitates programs to improve the quality of life for animals.

Impoundment means the taking into custody of an animal by county animal control.

Licensed means having a valid license issued under the authority of the state.

Manager means the manager of the county animal control unit or his/her designee.

Neglect means absence of adequate care.

Neglect, willful, means the intentional withholding of adequate food, water and humane care required by an animal to prevent starvation, dehydration, death, or other harmful/debilitating conditions.

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 for five or more days. In the case of an animal owned by a minor, the term "owner" includes the parents or person in loco parentis with custody of the minor.

Proper enclosure means an enclosure for keeping a dog classified as dangerous, or vicious securely confined indoors or in a securely enclosed and locked pen, fence, or structure suitable to prevent the entry of another animal or any person other than the owner or caretaker. The enclosure must:

(1)

Be designed to prevent the animal from escaping, and:

a.

If the enclosure is a fence, the fence must be high enough to keep the animal from climbing over and must be secured at the bottom to keep the animal from digging under.

b.

If the enclosure is a pen or structure other than a fence, the pen or structure must have secure sides, top and bottom constructed or secured in such a manner to prevent the animal's escape, and be of a height and strength to maintain the animal within it.

(2)

Provide adequate shelter.

(3)

Provide adequate space for the animal.

Provoked attack means an attack resulting when a domestic animal is placed in a situation such that an expected reaction would be to bite or attack.

Surrendered means written transfer of ownership of an animal by the owner to county animal control.

Rescue group, licensed, means any individual or entity that houses and cares for animals until permanent homes can be located and that maintains all required federal, state and local licenses/registrations.

Sanitary conditions means animal living space free from health hazards, irritants, or conditions that may endanger or pose a significant risk to an animal's health. In the case of farm animals, nothing in this section shall be construed as imposing sanitation requirements or standards more stringent than normally accepted animal husbandry and humane practices as defined by this chapter and state law as regulated by the state department of agriculture.

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; or

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.

State responsible dog ownership law means O.C.G.A. § 4-8-20 et seq., as amended.

Temperature control, adequate, means maintaining temperatures recommended for animals by the department of agriculture guidelines for shelters and farm animals.

Training group, licensed, means an appropriately licensed organization or individual that trains animals to assist physically handicapped persons, to assist search and rescue operations, and/or to work with government agencies or law enforcement agencies.

Unsanitary conditions means animal living space including shelter and exercise area, contaminated by health hazards, irritants, items or conditions that endanger or pose a risk to an animal's health, including, but not limited to:

(1)

Excessive animal waste;

(2)

Garbage, trash or effluent;

(3)

Standing water or mud;

(4)

Rancid/contaminated food or water;

(5)

Fumes, foul or noxious odors, contaminated air, hazardous chemicals or poisons;

(6)

Decaying materials;

(7)

Uncontrolled parasite or rodent infestation; and

(8)

Areas that contain nails, screws, broken glass, broken boards, pits, poisons, sharp implements or other items that could cause injury, illness or death to an animal.

Ventilation, adequate, means fresh air sufficient to provide for the health of an animal.

Veterinary care, adequate, means medical care of an animal from or under the direction of a licensed veterinarian and necessary to maintain the health of an animal based on the age, species, breed, etc., of the animal, or to prevent an animal from suffering from:

(1)

Ongoing infections;

(2)

Infestation of parasites;

(3)

Disease; or

(4)

Any other medical condition/injury where withholding or neglecting to provide such care would:

a.

Endanger the health or welfare of the animal; or

b.

Promote the spread of communicable diseases.

Vicious dog means a dog that inflicts any physical injury that:

(1)

Creates a substantial risk of death;

(2)

Results in death, broken or dislocated bones, lacerations requiring multiple sutures, or disfiguring avulsions;

(3)

Requires plastic surgery or admission to a hospital; or

(4)

Results in protracted impairment of health, including transmission of an infection or contagious disease, or impairment of the function of any bodily organ.

Water, adequate, means clean, fresh water sufficient to prevent dehydration, properly sustain health, and prevent significant risk to the animal's health. For the purposes of this chapter, snow, ice or rancid/contaminated water are not considered adequate water.

Wild animal/wildlife means any animal other than livestock, which is not included in the definition of a domestic animal, and including any hybrid animal that is part wild animal.

(Ord. No. 16-008 , 12-19-2016)