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2-4-1 Authority, Name. This Ordinance is adopted by the Board of Commissioners of Glynn County pursuant to Article IX, Section II, Paragraph I of the Constitution of the State of Georgia (1983) and shall be referred to as the "Animal Control Ordinance of Glynn County".

2-4-3 Definitions. For the purpose of this 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 authorized by the Board of Commissioners to enforce the provisions of this Ordinance.(O#1997-21)

c. Dogs or cats running at large means (i) any public nuisance dog or cat, or (ii) any dog or cat 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. Hunting dog means any dog that (i) is a member of a breed of dog recognized by the Georgia Department of Natural Resources as a hunting dog, and (ii) is actively used by its owner for hunting purposes.

e. Hunting season is the season(s) of the year designated and recognized by the Georgia Department of Natural Resources as being a hunting season.

• Litter means two or more animals with the same mother. (O#2000-17)

• 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 an Identification No., etc. can be determined by Animal Control. (O#2000-17)
  
  

• Potentially dangerous dog means any dog which without provocation bites a human being on public or private property.

• 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.
  
  
• 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 unincorporated area of Glynn County.
  
  
• Police Officer means any law enforcement officer empowered to make arrests in Glynn County.
  
  
• Public beach means that area of beach located above the low water mark of the Atlantic Ocean which is used by the general public with the owner's permission or which is owned by the State of Georgia or Glynn County.
  
  
• 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 conditions in any enclosure or surroundings.
  
  
• 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 if a threat, injury or damage was sustained by a pet, companion animal or livestock that, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the animal. The term "vicious animals" shall not be construed to include dogs that are part of a governmental organization in performance of its duties. (O#2000-17)
  
  

2-4-4 Animal Control Advisory Board. The Animal Control Advisory Board shall be composed of not less than nine (9) members, consisting of the Chief of the Glynn County Police Department or his designee, a veterinarian, a representative of the Humane Society, and six other members who shall be appointed at large. All members shall serve without compensation and shall be appointed by the Board of Commissioners for a term of two (2) years. Four (4) members shall initially be appointed for a term of three (3) years.

2-4-5 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 2-4-3(c), in the areas of Glynn County under the jurisdiction of the Board of Commissioners of Glynn County.

b. It shall be a violation of this Ordinance for the owner of any dog to fail to command the obedience of a dog, as provided in Section 2-4-3(c), in the unincorporated areas of Glynn County, except for Jekyll Island State Park.

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 2-4-3(m). (O#2001-03)

d. It shall be a violation of this Ordinance for the owner of any dog or cat, whether leashed or otherwise, or for the owner of any horse, whether mounted or not, to take such animal onto that portion of the public beaches of St. Simons Island, Georgia, between the northern right-of-way line of First Street (East Beach) and the western right-of-way line of Mallory Street, when such rights-of-way are extended ocean ward to the low water mark of the Atlantic Ocean. This restriction shall apply during the hours between 9:00 a.m. and 5:00 p.m. from Memorial Day through Labor Day of any year. This subsection shall not apply to any animal operating as a guide dog or performing similar assistance for a disabled person.

e. It shall be a violation of this Ordinance for the owner of any dog or cat to allow said dog or cat to remain unleashed in Neptune Park, Massengale Park, Mallory Park, and all other Glynn County parks. No leash may exceed ten (10) feet in length.

f. 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.

g. It shall be a violation of this Ordinance for any person to obstruct or prevent any Animal Enforcement Agent or Glynn County Police Officer from enforcing the provisions of this ordinance, including, without limitation, interfering with the use of traps by such agent or officer.

• It shall be a violation of this Ordinance for the owner of any dog or cat to fail to remove the fecal matter of such dog or cat from the portion of the public beaches of St. Simons Island, Georgia between the low-water mark and the line of permanent vegetation or dune area and from Neptune Park, Massengale Park, Mallory Park, and all other Glynn County parks. (O#2000-04)
  
  
• It shall be a violation of this Ordinance for the owner of any dog or cat, whether leashed or otherwise, or for the owner of any horse, whether mounted or not, to take such animal onto the St. Simons Island Pier as defined in Section 2-11-1 of this Ordinance.(O#2001-03)
  
  

h. It shall be a violation of this Ordinance for the owner of any dog, cat or horse to fail to immediately remove the fecal matter of such dog, cat or horse from that portion of the public beaches of St. Simons Island, Georgia, between the low-water mark and the line of permanent vegetation or dune area or from Neptune Park, Messengale Park, Mallory Park, and all other Glynn County parks.

j. 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 or playground area owned by Glynn County. 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 the North Glynn 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 disable person.

k. It shall be a violation of this Ordinance for the owner of any dog to allow said daog to remain unleashed on that portion of the public beaches of St. Simons Island, Georgia between the northern right-of-way line of First Street (East Beach) when that right-of-way is extended ocean ward to the low water mark of the Atlantic Ocean and the northern side of the fishing pier at Gould's Inlet (East Beach). This restriction shall apply during the hours between 9:00 a.m. and 6:00 p.m. from Memorial Day through Labor Day of any year. No leash may exceed ten (10) feet in length.

 2-4-6 Dangerous dog control law. Glynn County Animal Enforcement Agents shall be charged with the responsibility of enforcing the "Dangerous Dog Control Law", (Ga. L. 1988, p. 824, as amended).

2-4-8 Rabies certificate. The owner of a dog or cat must possess a current Certificate of Rabies Vaccination for each animal owned as provided for by the laws of the State of Georgia.

2-4-9 Enforcement. This Ordinance may be enforced in Glynn County on a complaint basis. Complaints shall be in writing or by telephonic communication, provided the caller gives his name, his address, the nature of the complaint, and a description of the animal. This ordinance may also be enforced on any other basis deemed reasonable by the Glynn County Police Department.

2-4-10 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 a 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 increases 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. (O#2000-17)

2-4-11 Adoption Procedures. The Animal Control Unit may offer for adoption to any person any dog or cat unredeemed or unclaimed by the owner after seven (7) days upon payment of the cost of $12.00 for a rabies vaccination, $13.00 for microchip identification installation, and a $25.00 adoption fee. The Animal Control Advisory Board shall have the responsibility to formulate rules and regulations for the adoption of unclaimed dogs or cats. (O#2000-17)

2-4-12 Humane disposition. If a dog or cat is not claimed by the owner within seven (7) days of notice to same, or a dog or cat of unknown ownership is 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.

2-4-13 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 Magistrate Court. The decision of the Magistrate Court shall be final. The Magistrate Court shall have the authority to formulate rules and regulations for administrative hearings to be conducted by it as to nuisance dogs or cats. (b) The Magistrate Court shall also conduct hearings under Section 4-8-24 of the O.C.G.A. as it pertains to dangerous dogs and potentially dangerous dogs. The procedure to be followed in classifying a dangerous or potentially dangerous dog is set out in O.C.G.A. Section 4-8-24.

2-4-14 Severability clause. If any section or paragraph of this Chapter should be declared unconstitutional or invalid by any court of competent jurisdiction, such declaration shall not affect the validity of the remaining portions of the Ordinance. All parts or portions hereof not so declared unconstitutional or invalid shall remain in full force and effect as if separately adopted.

2-4-15 Penalties. Whenever in this Ordinance any act is prohibited or is made or declared to be unlawful or an offense, or whenever herein the doing of an act is required or the failure to do any act is declared to be unlawful, the violation of such provision shall be punishable as for an ordinance violation punishable by a fine of up to $1,000.00 or imprisonment for up to 60 days or both.

2-4-16 Amendment. This Ordinance may not be amended without the Board of Commissioners first advertising notice of the proposed amendment in the Brunswick News once a week for two (2) weeks, immediately preceding the date of the public meeting on which the proposed amendment is scheduled for consideration; however, no advertisement shall be required if the matter is deferred to a subsequent meeting.

2-4-17 Investigation by Animal Enforcement Agent; Notice of Classification as Dangerous Dog.

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 inquiries 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 dog, 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.

c. As used herein, the term "potentially dangerous dog" shall mean any dog which without provocation bites a human being on public or private property. As used herein, the term "dangerous dog" shall mean any dog, according to records of the Animal Control Unit: (i) that inflicts a 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.

2-4-18 Procedures for classification as dangerous dogs or potentially dangerous dogs; notice; hearing.

a. As applied to the owners of potentially dangerous dogs, the procedures provided for in this ordinance section must be carried out as a necessary condition for the enforcement of the provisions of this ordinance against such owners. As applied to the owners of dangerous dogs, the procedures provided for in this ordinance section shall not be an essential element of any crime provided for in this article.

b. When a dangerous dog or a potentially dangerous dog is classified as such, the Animal Enforcement Agent or Police Officer shall notify the dog's owner of such classification.

c. The notice to the owner shall meet the following requirements:

1. The notice shall be in writing and mailed by certified mail to the owner's last known address;

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 or Police Officer'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 Glynn County Magistrate Court;

6. The notice shall include a form to request a hearing before the applicable court and shall provide specific instructions on mailing or delivering such request to the Court.

d. When the Glynn County Magistrate Court receives a request for a hearing as provided in subsection (c) of this ordinance section, it shall schedule such hearing within 30 days after receiving the request. The Magistrate Court shall notify the dog owner in writing by certified mail of the date, time, and place of the hearing, and such notice shall be mailed to the address of the dog owner shown on the Request for Hearing at least ten days prior to the date of the hearing. At the hearing, the owner of the dog shall be given the opportunity to testify and present evidence and in addition thereto the court shall receive such other evidence and hear such other testimony as the court may find reasonably necessary to make a determination either to sustain, modify, or overrule the Animal Enforcement Agent's or Police Officer's classification of the dog.

e. Within ten (10) days after the date of the hearing, the court 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.

a. It is unlawful for an owner to have or possess within Glynn County 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 or Police Officer in Glynn County in which an owner possesses a dangerous dog or potentially dangerous dog shall issue a certificate of registration to the owner of such dog if the owner presents to the Glynn County Animal Enforcement Agent sufficient evidence of:

1. A proper enclosure to confine the dangerous dog or potentially dangerous dog; and

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 State 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 Glynn County 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 Glynn County 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 provide the Glynn County 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 Glynn County Animal Control Office if the owner is moving from the unincorporated portion of Glynn County. The owner of a dangerous dog or potentially dangerous dog who is a new resident of the unincorporated portion of Glynn County, Georgia 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 Glynn County does not warrant or guarantee that the requirements specified in subsections (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 Glynn County and the Sheriff of Glynn County shall cooperate with Animal Enforcement Agent or Police Officers in enforcing the provisions of this ordinance.

h. Any owner of a dangerous dog or potentially dangerous dog kept in the unincorporated portion of Glynn County, Georgia, shall pay Glynn County, Georgia 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 or Police Officer 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.

2-4-20 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.

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 Glynn County Ordinance Section 2-4-19;

2. Dog is not validly registered as required by Section 2-4-19;

3. Dog is not maintained in a proper enclosure; or

4. Dog is outside a proper enclosure in violation of subsection (a) of Glynn County Ordinance Section 2-4-19.

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 Glynn County Ordinance Section 2-4-19;

2. Not maintained in a proper enclosure; or

3. Outside a proper enclosure in violation of subsection (b) of Glynn County Ordinance Section 2-4-20.

c. Any dog that has been confiscated under the provisions of section 2-4-21 of this Ordinance shall be returned to its owner upon the owner's compliance with the provisions of this article and upon the payment of reasonable confiscation costs including boarding at the rate of $12.00 per day plus a pickup fee of $50.00 and a $12.00 fee if the animal's owner does not produce proof of a current rabies vaccination. In the event the owner has not complied with the provisions of this article within twenty (20) days of the date the dog was confiscated, said dog shall be destroyed in an expeditious and humane manner.

2-4-22 Violations; penalties.

a. The owner of a dangerous dog or potentially dangerous dog who violates the applicable provisions of Glynn County Ordinance Sections 2-4-19 through 2-4-21 or whose dangerous dog or potentially dangerous dog is subject to confiscation under Glynn County Ordinance Section 2-4-21 shall be guilty of an ordinance violation punishable by a fine of up to $1,000 or imprisonment for up to 60 days or both.

b. In addition to the penalties for violations under subsection (a) of this Ordinance Section, the dangerous dog involved shall be immediately confiscated by the Animal Enforcement Agent or Police Officer or another person authorized by the Animal Control Officer or Police 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.

a. Under no circumstances shall Glynn County or any employee or official thereof which enforces or fails to enforce the provisions of this article be held liable for any damages to any person who suffers an injury inflicted by a dog that has been identified as being a dangerous dog or potentially dangerous dog or by a dog that has been reported to the proper authorities as being a dangerous dog or potentially dangerous dog or by a dog that Glynn County and its officials and employees have failed to identify as a dangerous dog or potentially dangerous dog or by a dog which has been identified as being a dangerous dog or potentially dangerous dog but has not been kept or restrained in the manner described in subsection (b)(1) through (2) of Ordinance Section 2-4-19 or by a dangerous dog or potentially dangerous dog whose owner has not maintained insurance coverage or a surety bond as required in subsection (c) (1) and (2) of Ordinance Section 2-4-19.

2-4-24 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:

• 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
  
  
• It is securely and humanely restrained by chain, cable or trolley, or other tether of sufficient strength to prevent escape; or
  
  
• 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 ti is not restrained as provided for in (1) or (2) above while on the owner's property.
  
  
• 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 cast 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.
  
  
• 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) within the perimeter boundaries of the property unless said perimeter boundary is securely fenced.

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