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ANIMALS AND FOWL
ORDINANCE
965 “AN ORDINANCE TO AMEND CHAPTER FOUR OF THE CITY CODE OF BRUNSWICK
PERTAINING TO ANIMAL CONTROL; TO PROVIDE DEFINITIONS; TO PROVIDE FOR RABIES
VACCINATION CERTIFICATION; TO PROVIDE FOR CONTROL OF DANGEROUS DOGS; AND OTHER
VICIOUS OR DANGEROUS ANIMALS; TO PROHIBIT CRUELITY TO ANIMALS; TO REGULATE
POSSESSION OF EXOTIC ANIMALS, VENOMOUS ANIMALS, AND FARM ANIMALS SUCH AS
LIVESTOCK, CATTLE, AND POULTRY; TO PROVIDE FOR PENALTIES AND ENFORCEMENT; TO
PROVIDE FOR SEVERABILITY; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE FOR
SEVERABILITY; TO PROVIDE FOR AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.”
THE CITY COMMISSION OF THE CITY OF BRUNSWICK, GEORGIA, HEREBY ORDAINS
THAT: SECTION
ONE Chapter Four of the City Code of Brunswick is deleted and replaced by a new Chapter Four, which shall read as follows: Animal
Control 4-1
Short Title. This
Ordinance shall be referred to as the “Animal Control Ordinance of the City of
Brunswick. 4-2
Animal Control Unit. There
is hereby created an Animal Control Unit for the City of Brunswick under the
general supervision of the City Manager. 4-3 Definitions. For the purpose of the Ordinance, the following terms, phrases and words and their derivatives shall have the meaning given herein. a. Animal Enforcement Agent means an employee of the Animal Control Unit or Brunswick Police Department authorized by the City Manager to enforce the provisions of this Article. b. Dangerous dog means any dog, according to records of the Animal Control Unit (i) that inflicts severe injury on human beings without provocation on public or private property; or (ii) aggressively bites, attacks or endangers the safety of human beings without provocation after the dog has been classified as a potentially dangerous dog and after the owner has been notified of such classification. c. Dogs or cats running at large means any pubic nuisance dog or cat, or any dog or cat causing a disturbance while not on a leash or in the vicinity of the owner and obedient to that person’s commands. A dog or cat is not running at large when he is confined within the limits of his owner’s property. d. Litter means two or more animals with the same mother. e. Microchip Identification means the process of identifying the owner of any animal by information provided on a microchip inserted into the body of the animal so that Identification No., etc. can be determined by Animal Control. f. Potentially dangerous dog means any dog which without provocation bites a human being on public or private property. g. 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 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 from under the fence. Any such enclosure shall also provide protection from the elements for the dog. h. 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 or cat within the incorporated area of the City of Brunswick. i. Police Officer means any law enforcement officer empowered to make arrest in the City of Brunswick. j. Public nuisance dog or cat means any dog or cat, which has damaged the property of anyone other than the owner thereof in the amount of $10.00 or more; or any dog or cat causing unsanitary condition in any enclosure or surroundings. k. Vicious animal means any animal that attacks, bites, or injures pets, companion animals or livestock or which, because of temperament, conditioning, or training, has a known propensity to attack, bite or injure pets, companion animals or livestock. No animal may be declared vicious on the basis of a threat, injury or damage which was sustained by a pet, companion animal or livestock whose presence, at the time, constituted a willful trespass or other tort by its owner upon the premises occupied by the owner or keeper of the animal alleged to be vicious. The term “vicious animals” shall not be construed to include dogs that are part of a governmental organization in performance of its duties. 4-4.
Violations a. It shall be a violation of this Ordinance for the owner of any dog or cat to allow such dog or cat to run at large, as defined in Section 4-3 (c) within the City limits. b. It shall be a violation of this Ordinance for the owner of any dog or cat to fail to command the obedience of a dog, as provided in Section 4-3(c), in the incorporated areas of the City of Brunswick. c. It shall be a violation of this Ordinance for the owner of any dog or cat to allow said dog or cat to act so as to become a public nuisance dog or cat as defined in Section 4-3(j). d. It shall be a violation of this Ordinance for the owner to permit a dog or cat off the premises of that owner’s property without a collar and identification tag for each dog. The identification tag shall give the name, current address and telephone number of the owner. e. It shall be a violation of this Ordinance for any person to obstruct or prevent any Animal Enforcement Agent or City of Brunswick Police Officer from enforcing the provision of this ordinance, including, without limitation, interfering with the use of traps by such agent or officer. f. It shall be a violation of this Ordinance for the owner of any dog to fail to immediately remove excrement deposited by the dog upon any sidewalk or fenced athletic playing field or fenced playground owned by the City of Brunswick. g. It shall be a violation of this Ordinance for any person to take any animal, whether leashed or otherwise, into any building owned or operated by the City of Brunswick. This subsection shall not apply to any animal operating as a guide dog or performing similar assistance for a disabled person. h.
It shall be a violation of this Ordinance for the owner of any dog or
cat, whether leashed or otherwise, to take or allow such animal in the fenced
confines of any athletic field owned by the City of Brunswick. It shall also be illegal for the owner of any dog or cat to
allow that animal, leashed or otherwise, to enter an area of any City of
Brunswick owned square or park where signs are posted prohibiting the animal’s
entrance this subsection shall not apply to any animal operating as a guide dog
or performing similar assistance for a disabled person. 4-5 . Dangerous dog control law. The City of Brunswick Animal Enforcement Agents shall be charged with the responsibility of enforcing the “Dangerous Dog Control Law”, (Ga. L. 1988, p. 824, as amended). 4-6 . Impoundment provision. Any and all animals found in a condition which constitutes a violation of this Ordinance or any applicable state law on the part of the animal’s owner (if any), may be immediately impounded by agents of the Animal Control Unit or by members of the City of Brunswick Police Department. Identification of an owner shall be required in order for Animal Enforcement Agents to impound an animal. 4-9 . Disposition of impounded animals. Any dog or cat seized or impounded by the Animal Control Unit shall be detained at the Animal Control Unit or such other suitable place as may be designated by the Animal Control Unit. The agents of such unit shall notify by mail or telephone the owner of such dog or cat, if known or can be reasonably ascertained, that such dog or cat has been impounded. The owner of any dog or cat impounded, within seven (7) days after the mailing, in the case of notification by mail, or seven (7) days after receipt of notification by telephone, may reclaim such dog or cat upon the payment of an impoundment fee of $50.00, plus boarding fee of $12.00 for each day or any portion thereof that the dog or cat was impounded, and the cost of $12.00 for each day or any portion thereof that the dog or cat was impounded, and the cost of $12.00 for rabies vaccination if the dog or cat had not previously been vaccinated. In addition to the above-mentioned fees, the owner of any impounded dog or cat must pay $13.00 for microchip identification installation or pay a fee of $30.00 for the retention and upkeep of files pertaining to the impounded dog or cat. The fee for the pick up of an unwanted litter shall be $50.00 for the first pick up and increase by $25.00 for each subsequent pick up. If a dog has a collar and tag or a definite tattoo marking, and the owner can provide reasonable proof that the dog is a hunting dog that was impound during hunting season, then the impoundment fee will be waived. The impoundment fee shall be increased by the sum of $50.00 for each time a particular dog or cat is impounded during the course of the year. not claimed within seven (7) days of impoundment, then it shall be the duty of the Animal Control Unit to dispose of the animal in as a humane and painless manner as is possible. The Animal Control Advisory Board shall have the authority to formulate rules and regulations for the disposal of unclaimed dogs and cats. 4-11. Appeal of Nuisance Classification. (a) The owner of any dog or cat which has been classified as a nuisance dog or cat by the Animal Control Unit shall have a right to appeal such classification, in writing, to the City Manager or his designee, who shall have the authority to formulate rules and regulations for administrative hearings to the conducted by it as to nuisance dogs or cats. (b) The City Manager or his designee shall also conduct hearing under O.C.G.A. Section 4-8-24 as it pertains to dangerous dogs and potentially dangerous dogs.
4-12.
Investigation by Animal Enforcement Agent; Notice of Classification as
a) Upon receiving a report of a dangerous dog or potentially dangerous dog within an Animal Enforcement Agent’s jurisdiction from a law enforcement agency, animal control agency, rabies control officer, or county board of health, the Animal Enforcement Agent shall make such investigations and inquires with regard to such report as may be necessary to carry out the provisions of this article. b) When an Animal Enforcement Agent or Police Officer classifies a dog as a dangerous dog or reclassifies a potentially dangerous dog as a dangerous, the Animal Enforcement Agent or Police Officer shall notify the dog’s owner in writing by certified mail to the owner’s last known address of such classification or reclassification. Such notice shall be complete upon its mailing and shall meet the requirements set forth in Section 4-13 (c) below. 4-13. Procedures
for classification as dangerous dogs or potentially dangerous dogs; notice; hearing. b. When an Animal Enforcement Agent classifies a dog as a dangerous dog or reclassifies a potentially dangerous dog as a dangerous dog, the Animal Enforcement Agent shall notify the dog’s owner of such classification. 2. The notice shall include a summary of the Animal Enforcement Agent’s or Police Officer’s findings that formed the basis for the dog’s classification as a dangerous or potentially dangerous dog; 3. The notice shall be dated and shall state that the owner, within 15 days after the date shown on the notice, has a right to request a hearing on the Animal Enforcement Agent’s determination that the dog is a dangerous dog or potentially dangerous dog 4. The notice shall state that the hearing, if requested shall be before the City Manager or his designee; 5. The notice shall state that if a hearing is not requested, the Animal Enforcement Agent’s determination that the dog is a dangerous dog or a potentially dangerous dog will become effective for all purposes under this article on a date specified in the notice, which shall be after the last day on which the owner has a right to request a hearing; and 6. The notice shall include a form to request a hearing before the City Manager and shall provide specific instructions on mailing or delivering such request to the City Manager. e. Within ten (10) days after the date of the hearing, the City Manager shall notify the dog owner in writing by certified mail of its determination on the matter. If such determination is that the dog is a dangerous dog or a potentially dangerous dog, the notice shall specify the date upon which that determination is effective provided that said effective date shall be not less than ten (10) days after the date of this order. 4-14 Requirements for possessing a dangerous or potentially dangerous
dog. a. It is unlawful for an owner to have or possess within the City of Brunswick a dangerous dog or potentially dangerous dog without a certificate of registration issued in accordance with the provisions of this ordinance section. b. Subject to the additional requirements of subsection (c) of this ordinance section for dangerous dogs, the Animal Enforcement Agent shall issue a certificate of registration to the owner of such dog if the owner presents to the City of Brunswick Animal Enforcement Agent sufficient evidence of: 2. The posting of the premises where the dangerous dog or potentially dangerous dog is located with a clearly visible sign warning that there is a dangerous dog on the property. Such sign shall prominently display the Dangerous Dog Symbol designed by the Georgia Department of Natural Resources pursuant to O.C.G.A. §4-8-25(b)(2)(B). c. In addition to the requirements of subsection (b) of this Code section, the owner of a dangerous dog shall present to the City of Brunswick Animal Control Office evidence of: 1. A policy of insurance in the amount of at least $15,000.00 issued by an insurer authorized to transact business in this state insuring the owner of the dangerous dog against liability for any personal injuries inflicted by the dangerous dog; or 2. A surety bond in the amount of $15,000.00 or more issued by a surety company authorized to transact business in this state payable to any person or persons injured by the dangerous dog. d. The owner of a dangerous dog or potentially dangerous dog shall notify the City of Brunswick Animal Control Office within 24 hours if the dog is on the loose, is unconfined, has attacked a human, has died, or has been sold, donated or disposed of. If the dog has been sold, donated or disposed of, the owner shall also provided the City of Brunswick Animal Control Office with the name, address, and telephone number of the new owner of the dog. e. The owner of a dangerous dog or potentially dangerous dog shall notify the City of Brunswick Animal Control Office if the owner is moving from the City. The owner of a dangerous dog or potentially dangerous who is a new resident of the City shall register the dog as required in this Ordinance section within 30 days after becoming a resident. f. Issuance of a certificate of registration or the renewal of a certificate of registration by the City of Brunswick does not warrant or guarantee that the requirements specified in subsection (b) and (c) of this ordinance section were met or are maintained by the owner of a dangerous dog or potentially dangerous dog. g. An Animal Enforcement Agent or Police Officer is authorized to make whatever inquiry is deemed necessary to ensure compliance with the provisions of this article. Law enforcement agencies of the City of Brunswick shall cooperate with Animal Enforcement Agent in enforcing the provision of this ordinance. h. Any owner of a dangerous dog or potentially dangerous dog kept within the incorporated limits of the City of Brunswick shall pay the City of Brunswick, an annual fee of $100.00 to register a dangerous dog or potentially dangerous dog as required in this ordinance. Certificates of registration shall be renewed on an annual basis. At the time of the annual renewal of a certificate of registration, an Animal Enforcement Agent shall require evidence from the owner or make such investigation as may be necessary to verify that the dangerous dog or potentially dangerous dog is continuing to be confined in a proper enclosure and that the owner is continuing to comply with other provisions of this article. 4-15 Restrictions on permitting dangerous or potentially dangerous dogs to be outside proper enclosure. a. It is unlawful for an owner of a dangerous dog to permit the dog to be outside a proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and is under the physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but will prevent it from biting any person. b. It is unlawful for the owner of a potentially dangerous dog to permit the dog to be outside a proper enclosure unless the dog is restrained by a substantial chain or leash and is under the physical restraint of a responsible person. 4-16. Confiscation of dogs; grounds; disposition. a. A dangerous dog shall be immediately confiscated by the Animal Enforcement Agent or Police Officer or by any law enforcement officer or by another person authorized by the Animal Enforcement Agent or Police Officer if the: 1. Owner of the dog does not secure or maintain the liability insurance or bond required by subsection (c) of the City of Brunswick Ordinance Section 4-14; 2. Dog is not validly registered as required by Section 4-14; 3. Dog is not maintained in a proper enclosure; 4. Dog is outside a proper enclosure in violation of subsection (a) of the City of Brunswick Ordinance Section 4-14. b. A potentially dangerous dog shall be confiscated in the same manner as a dangerous dog if the dog is: 1. Not validly registered as required by the City of Brunswick Ordinance Section 4-14; 2. Not Maintained in a proper enclosure; or 3. Outside a proper enclosure in violation of subsection (b) of the City of Brunswick Ordinance Section 4-14. 4-17.
Violations; penalties. b) In addition to the penalties for violation under subsection (a) of this Ordinance Section, the dangerous dog involved shall be immediately confiscated by the Animal Enforcement Agent or another person authorized by the Animal Control Officer and placed in quarantine for the proper length of time as determined by the county board of health, and thereafter, the dangerous dog shall be destroyed in an expeditious and humane manner. c) No owner of a dangerous dog shall be held liable for a violation of this Ordinance for injuries, inflicted by said owner’s dog to any human being while the dog is on the owner’s property. 4-18.
Liability for damages. 4-19.
Vicious Animals It shall be the duty of every owner or custodian of any vicious animal to ensure that it is kept under restraint and that the reasonable care and precautions are taken to prevent it from leaving the real property limits of its owner, possessor, or custodian, and ensure that: 1. It is securely and humanely enclosed within a house, building, fence, pen or other enclosure out of which it cannot climb, dig, jump, or otherwise escape on its own volition; and that such enclosure is securely locked at any time the animal is left unattended; or 2. It is securely and humanely restrained by chain, cable or trolley, or other tether of sufficient strength to prevent escape; or 3. It is on a leash and under the control of a competent person; or it is off leash and obedient to that person’s command and that person is present with the animal any time it is not restrained as provided for in (1) or (2) above while on the owner’s property. 4. It shall be unlawful for any person to cause, permit, accompany or be responsible for the presence of any vicious dog or cat on the streets or public places of the county or allow the animal to run on the premises of another, at any time; unless and in addition to the other requirements of this chapter such dog or cat shall be securely muzzled to effectively prevent it from biting any person or other animal. Upon impounding a vicious animal for any reasons, the animal control unit may for reasons of public safety, retain said animal at the impoundment facility until disposition by the appropriate court 5. The following additional precautions shall be taken by the owners, possessors, or custodians of vicious animals: a) Whenever the animal is outside of its enclosure as provided for above, but on the owner’s property, it must be attended by the owner and restrained by a secure collar and leash of sufficient strength to prevent escape. The leash shall be no longer than ten (10) feet, and the animal must be kept at least fifteen (15) feet within perimeter boundaries of the property unless said perimeter boundary is securely fenced. b) No vicious animal shall be chained, tethered, or otherwise tied to any inanimate object such as a tree, post, or building, outside of its own enclosure as provided for above. 4-20.
Cruelty to Animals a) It shall be unlawful for any person, either by act or omission, to: 1. Overdraw, overload, torture, torment, or deprive any animal of necessary sustenance or to beat, mutilate, intentionally poison, or kill any animal or cause same to be done, or to carry or confine any animal in or upon a vehicle in a inhumane manner, or to otherwise treat any animal in a cruel or inhumane manner; or 2. keep or confine any animal where the water shelter, ventilation, and food are not sufficient and wholesome for the preservation of an animal of its size, species, and breed; or 3. keep any animal in unsanitary conditions or in such a place or condition as to become a nuisance because of odor or contagion of disease; or 4. promote any fight between animals or to allow or permit any fight in or upon any premises in that person’s possession or under that person’s control; or 5. abandon any animal on any public street, road, alley, or property, or to abandon any animal on private property when not in the care of another person. b) This section shall not apply to conduct which is otherwise permitted under the laws of this state or of the United States, including, but not limited to, raising animals for agricultural or food purposes, hunting wild animals in compliance with the laws of the State of Georgia, killing or injuring animals for humane purposes or in the furtherance of medical or scientific research, defending or protecting one’s person or property from injury or damage, pest control practices, or the authorized practice of veterinary medicine, which authorized practice shall include, but shall not be limited to, ear cropping, tail docking, and claw removal. 4-21.
Animal Noise It shall be unlawful for any person to keep within the corporate limits any animal which makes such loud, raucous and continual noise as to disturb the peace and quiet of the neighborhood. Any animal which makes such loud, raucous and continual noise as to disturb the peace and quiet of the neighborhood shall be impounded. 4-22.
Livestock or poultry prohibited.
It shall be unlawful for any person to bring, keep, maintain or have
within the corporate limits any livestock, cattle, or poultry, including all domesticated animals normally kept or raised on a farm, such as cows,
bulls, steers, sheep animals normally kept or raised on a farm, such as
cows, bulls, steers, sheep, goats, llamas, horses, mules, donkeys, swine,
chickens, turkeys, ducks, geese, guinea fowl., peacocks, and pheasants. This section shall not prohibit the temporary keeping of such animals in
a traveling circus or agricultural fair for definite periods of short
definite periods of short duration, nor shall it prohibit the temporary housing of
such animals for veterinary care in a location zoned for veterinary use provided that the animals do not create such noise, odor, sanitary
condition as would constitute a violation of Section 4-21 above or otherwise unreasonably interfere with the quiet enjoyment of other
properties in the neighborhood. 4-23.
Venomous species. It shall be unlawful to release any poisonous or venomous biting or injecting species of amphibian, arachnid, or reptile, including snakes, or to release any species of snake not indigenous to this State, at any lace within the City limits. It shall be unlawful to keep or maintain any poisonous or venomous biting or injecting species of amphibian, arachnid or reptile at any place within the City limits unless such animal is kept in an enclosed space secured in a manner reasonable calculated to prevent the escape or accidental release of such animal. SECTION TWO If any section or part of this Ordinance should be declared unconstitutional or invalid by any court of competent jurisdiction, such declaration shall not affect the validity of the remaining portions of this Ordinance. All parts and section hereof not so declared invalid or unconstitutional shall remain in full force and effect as if separately adopted. SECTION THREE All ordinances or parts of ordinances in conflict with this Ordinance are repealed. SECTION FOUR This Ordinance shall take effect immediately upon approval by the City Commission. ADOPTED THIS ___ DAY OF__________________________, 2004, UPON MOTION DULY MADE AND APPROVED BY THE CITY COMMISSION OF BRUNSWICK, GEORGIA. ____________________________________ Bradford S. Brown, Mayor Attest: ___________________________________ Georgia E. Marion, City Clerk
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