EVANS COUNTY
DOG CONTROL ORDINANCE
As
is consistent with Georgia Law, the Evans County Board of Commissioners have
the authority to establish by ordinance or resolution such local rules and
regulations, not in conflict with existing State or Federal Law, relating to
the health, safety, and welfare of the public.
Section 1 – Definitions. The following
words, terms, and phrases, when used in this ordinance, shall have the meaning
ascribed to them in this section, except where the context clearly indicates a
different meaning.
a) Advisory
council means the dog control
advisory council created under this article.
b) Animal
control officer means any
employee of the county or the county sheriff, duly commissioned under the legal
authority of the county to enforce the rules and regulations of this ordinance,
including any individual authorized to aid in the administration and
enforcement of this ordinance and applicable state laws.
c) Animal
running at large or stray animal
means any dog that a citizen of the county has reported as stray to the animal
control division or the Humane Society of Evans County, provided that the dog
is not under immediate control, which is not on a leash, not at heel, not
beside a competent person, not in a vehicle or not within the property limits
of its owner. This shall not include
dogs which are actively engaged in sporting activities, including, but not
limited to, hunting, field trials, show, competition, or other exhibitions.
d) County
kennel or shelter means any
premises designated by the animal control division for the purpose of
impounding and caring for dogs found running at large in violation of this ordinance.
e) Dangerous
dog means any dog that, according
to the records of an appropriate authority, inflicts a severe injury on a human
being, without provocation, on public or private property, at any time after
March 31, 1989; or aggressively bites, attacks, or endangers the safety of
humans, without provocation, after the dog as been classified as a potentially
dangerous dog, and after the owner of such dog has knowledge of such
classification; provided, however, that this definition shall not include a dog
which inflicts an injury:
1) Upon a person when the dog is being used by a law
enforcement officer to carry out the law enforcement officer’s official duties.
2) Which was sustained by a person who, at the time,
was committing a willful trespass or other tort or was tormenting, abusing, or
assaulting the dog or had in the past been observed or reported to have
tormented, abused, or assaulted the dog or was committing or attempting to
commit a crime.
f) Impoundment
means taking physical possession
and control of a dog and transporting such dog to the county kennel or shelter.
g) Inoculation
means the administration of an
anti-rabies vaccine, approved by the county board of health, administered by a
licensed veterinarian or other person approved and authorized by the board of
health of the county to administer inoculations.
h) Owner means any natural person or legal entity,
including, but not limited to, a corporation, partnership, firm or trust, who
owns, harbors, keeps, feeds, maintains, has lawful possession of, or knowingly causes
or permits a dog to be harbored or kept, or has a dog in his care, or who
permits a dog to remain on or about his premises; provided, however, this shall
not include a person hired or acting as custodian of the dog for its owner.
i)
Potentially dangerous dog means any dog that, without provocation, bites a
human being on public or private property at any time after March 31, 1989;
provided, however, that this definition shall be subject to the same exceptions
as those set forth in the definition of “dangerous dog” in this section.
j)
Proper Enclosure means 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 young children and designed to prevent the dog from
escaping. Any such pen or structure
shall have secure sides and a secure top and bottom, 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 a manner as
to prevent the dog’s escape either from over or under the fence. Any such enclosure shall also provide
protection from the elements for the dog.
k) Records
of an appropriate authority means
record of any:
1.) State, county, or municipal law enforcement
agency;
2.) County or municipal animal control agency;
3.) County board of health; federal, state or local
court; or
4.) An animal control officer provided for in this
ordinance
l)
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.
m)
Vicious dog means any dog that has
been known to attack, bite, or injure human
beings, pets, companion animals, or livestock
without provocation or which,
because of temperament, conditioning or training,
has a known propensity to attack,
bite, or injure human beings, pets, companion
animals or livestock.
Section 2 – Duties of Animal Control Officer. Animal
control officers shall have the obligation to issue citations for violations of
this ordinance, to impound animals as provided in this ordinance, and to
perform such other duties as set forth in this ordinance.
Section 3 – Creation of the Dog Control Advisory
Council. There is created a dog control advisory council
which shall consist of five members, one each from the County Health
Department, the Board of Commissioners, and the Evans County Humane Society and
two other members chosen by the Board of Commissioners. Each member of the council shall be
appointed by the Board of Commissioners to a three year term; however, in order
to ensure that all terms do not expire on the same date, the terms of the
original advisory council shall be as follows: two members shall be appointed
to two year terms, and three members shall be appointed to three year terms. Members may be re-appointed to successive
terms. Each member of the dog control
advisory council shall carry out the duties set forth in this ordinance. In the event that a willing person can not be
found to serve on the dog control advisory council from one of the above
organizations, the Board of Commissioners shall appoint an additional person to
serve on the advisory council.
Section 4 – Duties of the Dog Control Advisory
Council. The dog control advisory council is authorized to
propose, for adoption by the Board of Commissioners, rules and regulations
covering the operation of the animal control division, including but not
limited to the impounding and disposal of animals, the fees to be charged in
connection therewith when not otherwise provided for in this ordinance, and the
manner and method to be employed in such actions. Such rules and regulations shall not become effective until
approved by the Board of Commissioners.
The advisory council is not authorized to spend any monies or create any
debt in the name of the county. The
advisory council shall also have the duties ascribed to it in this ordinance as
pursuant to fulfilling state law with regard to dangerous dogs.
Section 5 – Duties of Dog Owners. It
shall be the duty of every owner or custodian of a dog to exercise reasonable care
to protect other people, property, and animals from injuries or damage which
might result from such person’s animal’s behavior. If the owner or custodian of a dog is a minor, the parent or
guardian of such minor child shall be responsible to see that such reasonable
care is exercised.
a) Duty
to Keep Dog under Control While Off Property.
It shall be the duty of the owner or custodian of any dog to keep
such dog under control at all times while the dog is off the real property
limits of the owner, possessor, or custodian.
For the purpose of this subsection (b), a dog is deemed under control
when it is:
1)
Within a vehicle;
2)
Properly confined within a secure enclosure;
3)
Securely restrained by a leash or other device held by a competent
person;
4) Under voice command of a competent person
who is in the immediate
proximity of the dog.
Section 6 – Impoundment of Dogs; Disposition.
a) All dogs found to be running at-large in violation
of this ordinance may be seized or impounded by an animal control officer or
any officer empowered to act by law, and detained at the county kennel or
shelter. In the alternative, in his
discretion, the animal control officer may return the dog to its owner. If the dog is impounded, the animal control
division shall notify the owner, if the owner is known or can be reasonably
ascertained, that the dog has been impounded.
The owner of the dog impounded may, within seven days of such
impoundment, reclaim the dog by the payment of an impoundment pickup fee, plus a
boarding fee for each day the dog was impounded. If a dog which is impounded has not been inoculated for rabies as
required by this article, the animal control division, upon reclamation of the
dog by the owner, will have a veterinarian inoculate the dog against rabies
before allowing the owner to remove the dog from the county kennel or
shelter. The owner will be liable to
the county for all costs of such inoculation.
b) If any dog impounded by the animal control
division evidences symptoms of contagious, infectious, or fatal diseases, is
seriously ill or severely injured, the animal control division shall determine
whether to treat the dog or euthanize the dog.
Such action may be taken to control the spread of disease or to
eliminate any further pain and suffering of the dog. If the owner is known or can be reasonably ascertained and the
circumstances of the situation permit, reasonable attempts should be made to
stabilize the dog and to afford the owner the opportunity to pick up the dog.
Section 7 – Reclamation of Impounded Dogs. Any
dog impounded pursuant to the provisions of this article may be reclaimed,
except as provided in this ordinance for dangerous dogs or potentially
dangerous dogs, by its owner within seven days from the time when the dog was
impounded. The owner shall pay an
impoundment pickup fee and a boarding fee for each day the dog was impounded,
as set forth in the schedule of fees and charges on file in the office of the
County Clerk. If a reclaimed dog has
been treated, such person reclaiming the dog shall reimburse the County for the
cost of treatment. The animal control
division shall cause the owner of such dog to have such dog vaccinated or
inoculated as required by this article, at the expense of the person reclaiming
such dog. Even if the owner fails to
reclaim his dog, the owner is still liable to pay the County all fees and costs
associated with the dog’s impoundment.
Section 8 – Humane Disposition.
a) If a dog is not claimed by its owner or adopted
within seven days of impoundment, then it shall be the duty of the animal
control division to euthanize the dog in as humane and painless a manner as
possible by a person approved by the state to euthanize animals.
b) Any dog which is suffering excessively or which
represents a danger to persons or other animals may be euthanized in the manner
set forth in subsection (a) of this section, at the discretion of the manager
of the animal control division or his designee, without regard to the seven day
holding period.
c) When, in opinion of a supervisor in the animal
control division, a diseased or injured dog which has been taken into custody
is in need of immediate treatment so as to lessen the dog’s suffering or to
prevent the spread of a communicable disease to other dogs, he may immediately
obtain the services of, or place the animal with a licensed veterinarian for
the purpose of administering necessary treatment. The owner of the dog shall be liable to the County for all costs
associated with such treatment.
Section 9 – Vicious and Dangerous Dogs. It
shall be unlawful for any person to cause, permit, accompany or be responsible
for the presence of any vicious dog on the streets or public places of the
county. Upon impounding a vicious dog
for any reason, if the owner of such vicious dog seeks to reclaim such dog, the
animal control division may, for the reasons of public safety, retain such dog
until the disposition of all matters relating to the dog and the violations of
this ordinance by a court of appropriate jurisdiction.
Section 10 – Impoundment of Biting Dogs.
a) A dog known to have bitten a person shall be
treated in accordance to the rules and regulations promulgated by the County
Board of Health.
b) In accordance with rules and regulations
promulgated by the State Department of Health, all dogs known to have bitten a
person, which can not reasonably be held for a rabies observation period and
which do not bear a valid rabies tag, shall be euthanized and a lab specimen of
brain tissue sent to the State Department of Epidemiology for testing and
control of rabies.
Section 11 – Adoption.
a) The animal control division or its designee may
offer for adoption any dog that is not a dangerous dog and that has not been
reclaimed by its owner within seven days after the impoundment of such
dog. When a dog is brought to the
county kennel bearing no collar or identification tag, the animal control
division or its designee may offer it for immediate adoption after a period of 48
(forty-eight) hours. In the case of a
dog bearing a collar and/or identification, the animal control division or its
designee may keep a waiting list of person(s) who are willing to adopt such
dog. After the seven day period, any
dog that a person has expressed an interest in adopting may be held for an
additional 24 hours to allow such as person to pick up their new dog. All persons adopting dogs shall be over the
age of 18, and shall provide proper and humane care, feeding, shelter, and
protection from the weather, and veterinary treatment as required. The animal control division or its designee
shall strongly recommend that all adopted dogs be spayed or neutered. Such action will assist in reducing the dog
population in the County.
b) Adoption fees may be set by the Board of
Commissioners from time to time and shall be set forth in the schedule of fees
and charges on file in the office of the County Clerk. In addition, the Board of Commissioners may
require that all or part of the costs of examination, rabies inoculation, and neutering
or spaying be paid by the adopting party.
Section 12 – Vaccinations. All
dogs owned, possessed, harbored or residing within the County shall be
inoculated for the prevention of rabies by a veterinarian licensed to practice
veterinary medicine in the state, using only those vaccines prescribed and/or
approved by the State Department of Human Resources.
Section 13 – Collar and Vaccination Tag.
a) It shall be the duty of each dog owner or
custodian to provide a collar and valid vaccination and identification tag,
label, or impression showing the name and address of the owner of such
dog. The collar and tag shall be worn
by the dog at all times when such dog is not under the immediate control of the
owner or possessor of the dog.
b) It shall be unlawful for any person to attach a
vaccination or owner’s license tag to the collar of a dog for which such tag
was not issued, or to remove such tag from any animal without the consent of
such dog’s owner, possessor or custodian.
Section 14 – Dangerous Dogs.
O.C.G.A. 4-8-20 through 4-8-30 (also known as
‘Dangerous Dog Control Law’) shall be followed for the regulation of dangerous
dogs in Evans County. Hearings and
other matters relating to dangerous dogs or potentially dangerous dogs shall be
conducted by the dog control advisory council in accordance with Georgia State
Laws.
This ordinance is hereby
adopted as written this 4th day of April, 2006.
Evans County
Dog Control Fees Schedule
Adopted 5-2-06
Impoundment Pickup Fee
- First Time $25
- Second Time $40
- Third Time $55
- Fourth Time $70
- Fifth Time $100
Boarding Fee (per
day) $10
Euthanasia Fee for Vicious Dogs $50
Quarantine for Bite Cases $150
Adoption $25
Delivery Fee (transporting dog back to owner) $50