These articles are copyrighted to the Cobb County Animal Control Board and are printed with permission.

Cobb County Ordinance, Chapter 10, “ANIMALS” - revisions as proposed to the Cobb County Board of Commissioners and recommended for acceptance in its entirety by the Cobb County Animal Control Board on January 14, 2003.

Article I. General - Definitions

Sec. 10-1. 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:

(a) Leaves 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 or caretaker.

(b) Puts out, leaves, abandons, or in any other way discards any dog, cat, or other animal on public or private property including but not limited to the property of the owner or caretaker and including but not limited to leaving an animal tethered or contained in a box, bag, fence, house, or other structure.

(c) 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.

Abused animal means any animal that has been harmed by an act, an omission, neglect, or because of the action or inaction of a person, including but not limited to any animal that has been:

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

(b) Physically harmed, tortured, mutilated, beaten, or illegally killed.

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

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

Animal shall 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 center/shelter means those facilities designated by the Board of Commissioners 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 these ordinances.

Animal control unit means the animal control Manager and employees who are under the direction of the county police department, its successor department, or entity selected by the county Board of Commissioners to carry out the duties of animal control for Cobb County per this chapter, and federal/state laws.

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 any individual or entity that possesses a shelter license from the Georgia Department of Agriculture.

Bedding (adequate) means a sufficient quantity of dry, non-contaminated, safe bedding, which is sufficient according 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 the animal control unit.

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 normal good health in a specific age, size, species, and breed of animal.

Caretaker means a person or entity other than the owner who is caring for the needs of an animal on a temporary basis.

Cobb County Animal Control or CCAC means the Cobb County animal control unit and center.

Confinement means restriction of an animal to a home, basement, garage, building, pen, or other escape-proof enclosure. Confinement by a rope, chain, tether, fenced yard, or other area that is accessible by any other animal or person other than the owner/caretaker is not considered confinement.

Costs means the confiscation costs on potentially dangerous dogs, dangerous dogs or vicious animals which is $50.00.

Dangerous Dog means:

(a) Any dog that, according to the records of the county, has without provocation either:

(1) Inflicted severe injury on a human being on public or private property.

(2) Aggressively bitten, attacked or endangered the safety of humans after the dog has been classified as a potentially dangerous dog and after the owner has been notified of such classification.

(b) Exception - A dog shall not be a dangerous dog within the meaning of this chapter if:

(1) The dog inflicts an injury 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) The injury inflicted by the dog was sustained by a person who:

a. At the time, was committing a willful trespass or other tort or was tormenting, abusing, or assaulting the animal.

b. Had in the past been observed or reported to have tormented, abused, or assaulted the animal.

c. Was committing or attempting to commit a crime.

Dead Animal means a deceased animal including the carcass or parts of a carcass.

Dispose of means:

(a) Sale of any live animal at public or private sale; giving or adopting a live animal to an individual or entity; transferring ownership of a live animal from CCAC to any licensed humane society, licensed rescue group, or licensed veterinarian; or humane euthanasia of an animal by the animal control unit or a licensed veterinarian.

(b) Appropriate burial or cremation of a dead animal as directed in this chapter.

Dog Control Officer means the Manager of the Cobb County animal control unit or his/her designee who is responsible for enforcing the state dangerous dog laws.

Domestic animal means any animal other than wildlife, wild animals, or exotic animals as defined by this chapter that are domesticated by humans so as to live and breed in a tame condition.

Effluent means an outflow or discharge of waste.

Euthanasia means the legal act of putting animals to death using humane methods approved by the Georgia 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, non-aggressive temperament, and normal behavior.

Exotic animal means any animal that is not indigenous to the State of Georgia.

Fence means a structure of wire, wood, stone or other materials, and/or invisible fencing, which is of sufficient height and strength to act as a barrier against the passage of the animal it is intended to enclose.

(a) A fence does not include an “invisible fence” if the fence is:

(1) Turned off or the animal is not wearing a properly operating signaling device.

(2) Ineffective for any animal that has learned it can cross the fence line.

(3) Intended to be a means of keeping people or animals out of an enclosed area.

(4) Buried in or adjacent to the county right of way.

(b) An invisible fence is not an acceptable means of control for an animal that is classified as vicious, dangerous, potentially dangerous, or is in estrus/heat.

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

(a) Exhibit aggressive qualities.

(b) Remove the instinct to withdraw from a fight or to display signs of submission.

(d) Suppress the animal’s instinct for self-preservation.

(e) Inflict maximum damage to its opponents.

(f) Offer little or no indication that an attack is imminent.

(g) Be ready/willing for combat and unyielding in combat.

Food (adequate) means sufficient quantity of non-contaminated and nutritionally adequate food that is 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.

Garbage means all refuse matter/effluent, either animal or vegetable by-product 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 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:

(a) Collects animals and fails to provide them with humane/adequate care.

(b) Collects dead animals that are not properly disposed of as required by this chapter.

(c) 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 an adjacent property.

Human Exposure to Rabies means any bite, scratch, or other situation in which saliva or central nervous system (CNS) tissue of a potentially rabid animal enters an open wound, fresh wound, or comes in contact with a mucous membrane by entering the eye, mouth, or nose. Touching or handling a potentially rabid animal with the possible exception of a bat or touching or handling another animal or inanimate object that has had contact with a rabid animal does not constitute an exposure unless wet saliva or CNS tissue entered a fresh, open wound or had contact with a mucous membrane. Likewise, contact with the urine, feces, or blood of a potentially rabid animal does not constitute an exposure since the pathogenesis of rabies is such that the virus follows nerve pathways and has only limited circulation in the blood.

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

Impoundment means the taking into custody of an animal by Cobb County Animal Control.

Licensed means having a valid and appropriate Georgia State Department of Agriculture or Secretary of State license and required county/city licenses.

Lure means an animal used to bait/teach/encourage another animal to chase, fight, or kill other animals.

Manager (CCAC) means the Manager of the Cobb County animal control unit or his/her designee.

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

Nuisance animal means any animal that:

(a) Damages, soils, defiles, eliminates or defecates (without immediate clean up) on private property other than the property of the owner or caretaker of the animal, or on public property.

(b) Causes unsanitary or offensive conditions or otherwise endangers public health, welfare, or safety.

(d) Chases vehicles, bicycles, or people.

(e) Is in estrus and not confined in a manner which can keep it away from intact male animals of the same species except for planned breeding.

(f) Causes serious annoyance to a neighboring residence and interferes with the reasonable use and enjoyment of their property.

(g) Runs at large.

(h) Exception – An animal shall not be deemed a nuisance animal if the animal is provoked, tormented, taunted, or incited to bark, howl, or make other objectionable noises which otherwise would be a violation of this chapter.

Owner means any person or entity, including but not limited to a corporation, partnership, firm, or trust; owning, possessing, harboring, keeping or having custody or control of any animal subject to this chapter excluding a veterinarian, a pet-sitter or a good samaritan temporarily caring for the needs of an animal.

Potentially Dangerous Dog means

(a) Any dog that has without provocation bitten a human being on public or private property.

(b) Exception: A dog is not considered a potentially dangerous dog according to this chapter if:

(1) The dog inflicts an injury 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) The injury inflicted by the dog was sustained by a person who:

a. At the time, was committing a willful trespass or other tort or was tormenting, abusing, or assaulting the animal.

b. Had in the past been observed or reported to have tormented, abused, or assaulted the animal.

c. Was committing or attempting to commit a crime.

Primary enclosure means any structure or device used to restrict an animal to a limited amount of space such as a fence, building, room, pen, run, cage, stall, paddock, or pasture, and that provides adequate space and adequate shelter.

Proper enclosure means an enclosure for keeping a dangerous dog, potentially dangerous dog, or vicious animal 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 include all of the following:

(a) Be designed to prevent the animal from escaping.

(1) 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.

(2) If the enclosure is a pen or structure other than a fence, the pen or structure must have secure sides and a secure top, a bottom that shall be 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.

(b) Provide adequate shelter.

Provoked attack means an attack where a domestic animal is placed in a situation such that an expected reaction would be to bite or attack. This includes but is not limited to attempting to pet or handle an unfamiliar animal, startling an animal, assisting an injured or sick animal, teasing or tormenting an animal, trying to capture an animal, or removing an animal’s food, water, or other objects in the animal’s possession.

Relinquished means written transfer of ownership of an animal by the owner to CCAC.

Rescue Group (licensed) means any individual or entity that temporarily houses and cares for animals other than their personal pets until permanent homes can be located for them and who maintains all required federal, state, and local licenses.

Restraint of animal means complete and immediate control of an animal by a physical devise while under the direct supervision of a competent person. Potentially dangerous animals, dangerous animals, and vicious animals shall be restrained as directed in this chapter.

Running at large means any domestic animal not under the control and restraint of the owner or caretaker when off of the owner’s property.

Sale/selling of animals means the transfer of ownership of an animal through verbal or written agreement to a new owner in exchange for money, goods, services, fees or, other valuable consideration.

Sanitary conditions means an 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 Georgia state law as regulated by the Georgia Department of Agriculture.

Severe injury means any physical injury that results in any of the following:

(a) Broken bones.

(b) Significant puncture wounds.

(d) Significant medical procedure.

(e) Death.

Shelter (adequate) means protective cover for a domestic animal that is appropriate for the species, provides adequate space to maintain the animal in a state of good health, and that prevents pain, suffering, or a significant risk to the animal’s health.

(a) Adequate shelter includes but is not limited to all of the following:

(1) Sufficient coverage and insulation to protect an animal from extreme hot and cold temperatures.

(2) Sufficient protection from the elements to keep the animal dry.

(3) Sufficient shade and ventilation to prevent an animal from overheating and/or dehydrating.

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

(b) Adequate shelter is a structurally sound housing facility which an animal has ready access to that complies with all of the following:

(1) Is of adequate space.

(2) Contains four solid walls or is an "igloo" type of structure.

(3) Has a roof.

(4) Has a dry floor that is either:

a. Solid, or

b. Grids, provided the animal can easily stand, walk, lie, 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.

(5) Has an entrance. And

(6) Adequately provides for the number of animals on the property.

(1) Inadequately insulated containers.

(2) Crates with exposed nails, sharp screws, etc.

(3) Broken glass or other dangerous materials.

(4) Any instrument or object that may cause injury to an animal.

(5) Metal or plastic drums.

(6) Abandoned or parked vehicles.

(7) Porches or decks.

(8) Lean-tos.

(9) Any other materials that do not provide sufficient protection from the elements.

(10) Any other items that are not safe or suitable for housing the species.

Space (adequate) means all of the following:

(a) Sufficient safe space for adequate exercise suitable to the age, size, species, and breed of animal.

(b) 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, lie, move, etc. in a comfortable and normal position.

State Dangerous Dog Control Law means O.C.G.A. tit 4, ch. 8, art. 2 (O.C.G.A 4-8-20 et seq) as amended.

Strict confinement/isolation for animals bitten by rabid animal means confinement for the period of time recommended by the state of Georgia and kept inside a home, basement, garage, or suitable building, and isolated from other animals and people other than the caretaker while the animal is being observed for symptoms of rabies. An animal within a fenced yard, on a chain, or otherwise in an area accessible in any way to other animals or persons other than the caretaker is not in a strictly confined area.

Temperature control (adequate) means maintaining temperatures as recommended for animals by the Department of Agriculture guidelines for shelters and farm animals.

Tether means any chain, rope, leash, tie out, or wire attached to an animal’s collar or halter that attaches to a stationary object and is designed to restrain an animal.

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

Unprovoked attack or without provocation means an attack that is not provoked as defined by this chapter.

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:

(a) Excessive animal waste.

(b) Garbage, trash, or effluent.

(d) Rancid/contaminated food or water.

(e) Fumes, foul or noxious odors, contaminated air, hazardous chemicals, or poisons.

(f) Decaying materials.

(g) Uncontrolled parasite or rodent infestation.

(h) 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.

Veterinarian means a doctor of veterinary medicine licensed to diagnose and treat diseases and injuries in animals.

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 treat an animal for or prevent an animal from suffering:

(a) Ongoing infections.

(b) Infestation of parasites.

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

(1) Endanger the health or welfare of the animal.

(2) Promote the spread of communicable diseases.

Veterinary Clinic (licensed) means a business facility where licensed veterinarians practice veterinary medicine.

Vicious Animal means:

(a) Any animal which:

(1) Constitutes a physical threat to human beings or other animals by virtue of one or more attacks of such severity or intensity as to cause severe property or physical damage.

(2) Makes unprovoked attacks on animals or on human beings.

(3) Intentionally attacks physical property in an effort to cause harm to a human or other animal.

(b) An animal shall not be a vicious animal within the meaning of this chapter if:

(1) It inflicts an injury upon a person when the animal is being used by a law enforcement officer to carry out the law enforcement officer’s official duties.

(2) The injury inflicted by the animal was sustained by a person who:

a. At the time, was committing a willful trespass or other tort or was tormenting, abusing, or assaulting the animal.

b. Had in the past been observed or reported to have tormented, abused, or assaulted the animal.

c. Was committing or attempting to commit a crime.

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 which is indigenous to this state but not included in the definition of a domestic animal, and shall include any hybrid animal that is part wild animal.

(Ord of 9-23-80, 2; Ord of 6-11-85; Ord of 10-24-89; Res of 11-9-93; Code 1977, 3-5-2)

Georgia Department of Agriculture, Animal Industry Division, Chapter 40-13-13, Animal Protection and the current state law (Senate bill 297)

Rabies Control Manual

Sec. 10-2. Penalty for violation of chapter.

Any person who violates any provision of this chapter shall be punished as provided in section 1-10.

(Ord of 9-23-80, § 28; Ord. Of 6-11-85; Ord. Of 10-24-89; Res. Of 11-9-93: Code 1977, § 3-5-27)

Sec. 10-3. Interpretation of Chapter

(a) Nothing in this chapter shall be interpreted or applied so as to create any power or duty in conflict with the preemptive effect of any federal or state law.

Nothing in this chapter shall be interpreted or applied so as to create any liability on the county, or any employee, board, or official which enforces or fails to enforce any of the provisions provided in this chapter or any provisions in the state dangerous dog law.

(Ord. Of 9-23-80, § 3; Ord. Of 6-11-85; Ord. Of 10-24-89; Code 1977, § 3-5-3)

Sec. 10-4. Incorporation of state law; construction; other regulations.

(a) Incorporation. The state law known as the dangerous dog control law is incorporated in this chapter by reference and made part of this chapter.

(b) Construction. This chapter shall be construed to effectuate its purposes and policies and to supplement such existing state laws as may relate to animals.

(c) Other regulations. Other provisions of law or regulations relating to this chapter shall apply when any provisions of this chapter shall conflict with the laws of the state or the United States of America. The laws of the state or the United States of America shall apply when this chapter is silent.

(Ord. Of 10-24-89; Code 1977, § 3-5-3.1(a) – (c))

Sec. 10-5. Jurisdiction and interlocal agreement.

The jurisdiction for enforcement of this chapter shall be in the unincorporated area of the county; however, the county may contract or enter into agreements with other municipalities to enforce this chapter for joint dog control services or for the provision of dog control services and for the separate or joint use of personnel, facilities, and equipment for such services. Such agreements or contracts shall be subject to any state law, which may govern.

(Ord. Of 10-24-89; Code 1977, § 3-5-3.2)

Sec. 10-6. Interference with animal control officer.

It shall be unlawful to interfere with any animal control officer by taking or attempting to take any animal from any vehicle used to transport such animal, or taking or attempting to take any animal from the animal control impounding areas, or by any other method which would block or hinder any officer referred to in this section from performing his duties. (Ord. Of 9-23-80, § 24; Ord. Of 6-11-85; Ord. Of 10-24-89 Code 1977, § 3-5-22)

Sec. 10-7. Disposal of dead animal.

(a) Legislative authority. This section is enacted pursuant to the Georgia constitution and 1967 Ga. Laws (Act No.19), page 914 (see pt. J, § § 2-38, 2-39).

(b) Abandonment of dead animals; requirements as to disposal generally.

(1) It shall be unlawful for any person who owns or is caring for an animal, which has died or has been killed, to abandon the animal, its parts, or blood. Such person shall dispose of the dead animal as provided for in this section. Under no conditions may dead animals be abandoned at any location, including but not limited to, in wells or open pits of any kind on private or public land including the property of the owner.

(2) No person shall dispose of an animal, its parts, or blood, by burial on the land of another, without the permission of the owner of the land.

(3) No person shall abandon a dead animal in his or her possession by leaving the dead animal on the property of another.

(4) Arrangements for proper burial must be made with a county official in order to dispose of a dead animal in a county landfill.

(c) Removal and disposition of dead animals within rights of way and on public property. Any other provision of this section to the contrary notwithstanding, it shall be the duty of the animal control unit and the county department of transportation to remove and dispose of the carcasses of all dead animals found within the rights-of-way of all county roads maintained either totally or in part from county funds. Such carcasses or parts of carcasses shall be disposed of in a manner consistent with this section.

(d) Methods of disposal of dead animals. Approved methods which can be used for disposal of dead animals are burial and incineration in a county-approved incinerator. Disposal of animal carcasses by either of the approved methods must be completed within 12 hours after death or discovery of the carcass unless the carcass is properly refrigerated or frozen.

(1) If incineration is chosen, the entire carcass must be reduced to ashes in the incineration process only in a county approved incinerator.

(2) Buried carcasses must be buried at least three feet below the ground level, but no more than eight feet, and have not less than three feet of earth over the carcass.

(Code 1977, § 3-5-15.1)

State law reference – Dead Animals Disposal Act, O.C.G.A. § 4-5-1 et seq.

Sec. 10-8. Treatment of diseased or injured animals.

When in the opinion of the CCAC Manager an animal in the custody of the animal control unit is:

(a) Diseased or injured and in need of immediate treatment so as to lesson the animal’s suffering or to prevent the spread of communicable disease to other animals, the CCAC Manager shall immediately obtain the services of or place the animal with a licensed veterinarian for the purpose of administering necessary treatment.

(b) Suffering needlessly due to a life-threatening disease or injury and a licensed veterinarian recommends euthanasia as the most humane course of action and the CCAC Manager agrees that the best interest of the animal would be served by euthanizing the animal, then the animal shall be humanely euthanized regardless of whether or not the normally required impoundment period has expired.

(Ord. Of 9-23-80, § 18, Ord. Of 6-11-85; Ord. Of 10-24-89; Code 1977, § 3-5-16)

Sec. 10-9. Animals creating nuisances.

The owner of any animal which exhibits any behavior or engages in any activity defined as nuisance under Sec.10-01 “Nuisance Animal,” shall be in violation of this ordinance.

(Ord. Of 9-23-80, § ord. Of 6-11-85; Ord. Of 10-24-89; Code 1977, § 3-5-23)

Sec. 10-10. Requirements for possessing dangerous or potentially dangerous dogs; registration; insurance; inspection.

(a) Certificate required. It shall be unlawful for any person to have or possess a dangerous dog or potentially dangerous dog without a certificate of registration issued by the county, and no more than one certificate of registration shall be granted per person or owner for a dangerous dog or potentially dangerous dog. Moreover, only one certificate shall be issued per domicile.

(b) Conditions for issuance of certificate. Subject to the additional requirements of this section for dangerous dogs, the CCAC Manager shall issue a certificate of registration to the owner of a dangerous dog or potentially dangerous dog if the owner presents to the CCAC Manager sufficient evidence of all of the following:

(1) A proper enclosure to confine the dangerous dog or potentially dangerous dog.

(2) The posting of the premises with a dangerous dog sign obtained from the county warning that there is a dangerous dog or potentially dangerous dog on the property.

(3) The CCAC Manager may revoke certification of registration granted under this ordinance for a dangerous dog or potentially dangerous dog, and the CCAC Manager may confiscate the dog if there is a violation of this chapter.

(c) Dangerous dogs. In addition to the requirements of subsection (a) and (b) of this section, the owner of a dangerous dog shall present to the CCAC Manager evidence of either:

(1) Insurance. A policy of insurance in the amount specified by the State of Georgia Dangerous Dog Law, issued by an insurer authorized to transact business in this state insuring the owner of a dangerous dog against liability for any personal injuries inflicted by the dangerous dog; and:

a. It shall be the continuing and sole duty of the owner to provide the CCAC Manager an updated and effective policy;

b. The owner shall notify the CCAC Manager of any changes, renewals, and/or cancellations by certified written notice at least 30 days prior to any change, renewal, and/or cancellation;

c. The county shall have the right to rely on the representations of the owner that he will maintain the required insurance when he qualifies for the issuance of the certificate of registration; or

(2) Surety bond. A surety bond in the amount specified by the State of Georgia and issued by a surety company authorized to transact business in this state payable to any persons injured by the dangerous dog.

a. It shall be the continuing and sole duty of the owner to provide the CCAC Manager an updated and effective policy.

b. The owner shall notify the CCAC Manager of any changes, renewals, and/or cancellations by certified written notice at least 30 days prior to any change, renewal, and/or cancellation;

c. The county shall have the right to rely on the representations of the owner that he will maintain the required insurance when he qualifies for the issuance of the certificate of registration.

(d) Fees. The certificate of registration must be renewed annually on the date the dog was declared a dangerous dog or potentially dangerous dog. An annual fee to register dangerous dogs and potentially dangerous dogs as set by the Board of Commissioners shall be paid by the owner to the animal control unit.

(e) Right to inspect. The CCAC Manager shall have the right to inspect, randomly and without notice, a dangerous dog or potentially dangerous dog, which is required to be confined pursuant to this section, in its environment. Permission of the owner or person in custody of the animal confined shall not be unreasonably withheld. (Ord. Of 10-24-89; Res of 10-1-93; Code 1977, § 3-5-8)

(f) The owner of a dangerous dog or potentially dangerous dog shall notify the dog control officer within 24 hours if the dog is on the loose, is unconfined, has attacked a human, has died, or has been sold or donated. If the dog has been sold or donated, the owner shall provide the dog control officer the name, address, and telephone number of the new owner of the dog.

(g) The owner of a dangerous dog or potentially dangerous dog shall notify the dog control officer if the owner is moving within the dog control officer’s jurisdiction or from the dog control officer’s jurisdiction. The owner of the dangerous dog or potentially dangerous dog who is a new resident of the county shall register the dangerous dog or potentially dangerous dog with the dog control officer in the new jurisdiction within 10 days of becoming a resident.

State law reference – Dangerous Dog Control Law, O.C.G.A. § 4-8-20 et seq.

Sec. 10-11. Control of animal.

(a) General Control.

(1) It shall be unlawful for the owner of any animal to permit such animal to be out of his immediate control and restraint, or to be left unattended off the premises of the owner, or to be upon the property of another person without the permission of the property owner or person in possession of such other property. For the purposes of this chapter, condominium/apartment common property shall not be considered the premises of the animal’s owner.

(2) Restraint of dogs and/or animals shall be maintained as follows:

a. When upon the premises of the owner, all animals shall be kept indoors, under the physical control of a competent person, or in a primary enclosure as defined by this chapter in such a manner as to contain the animal within the bounds of the owner’s premises. Permanent tethering as a means of primary enclosure is not permitted.

b. When off the premises of the owner, all animals shall at a minimum be maintained on an appropriate chain, leash, or tie not exceeding 6 feet in length, and in the hands of a person who possesses the ability to restrain the animal.

(3) The requirements of subsections (a) and (b) shall not apply in areas zoned for agricultural purposes where the owner of the dogs is at the time in question using the dog for hunting or working purposes and has the dog in his possession or control at the time. If the dog is being used for hunting purposes the owner shall have on his person a valid and existing hunting license at the time. Dogs while hunting, or show dogs, while being shown, are not required to wear a collar or dog tag; but the owner shall have the dog tag in his possession where it may be shown upon demand of the representative of the animal control unit.

(4) Voice control does not constitute control of an animal.

(5) No person shall tie, stake, or fasten any animal within any street, alley, sidewalk, right of way, or other public place within the county or in such manner that the animal has access to any portion of any street, alley, sidewalk, or other public place.

(6) Every female dog and cat in heat shall be confined in a building or other enclosure in such a manner that such female dog or cat cannot come into contact with another intact male animal of the same species except for planned breeding.

(7) Every animal shall be restrained and controlled so as to prevent it from causing property damage, harassing pedestrians or bicyclists, molesting passersby, chasing vehicles, or attacking persons or other animals.

(b) Control of Vicious Animals, Potentially Dangerous Dogs, and Dangerous Dogs.

(1) It shall be unlawful for the owner of any vicious animal, potentially dangerous dog, or dangerous dog to permit such animal to be out of his immediate control and restraint or to be left unattended off the premises of the owner, or to be upon the property of another person without the permission of the owner or person in possession of such other property. For the purposes of this chapter, condomium and apartment common property shall not be considered to be the premises of the animal owner.

(2) The owner of a dangerous dog shall not permit the dog to be outside of a proper enclosure unless the dog is muzzled in a manner that will permit it from biting any person, restrained by a substantial chain or leash not more than six feet in length, and under the physical restraint of a person who possesses the ability to restrain the dog.

(3) The owner of a potentially dangerous dog or vicious animal shall not permit the dog or animal to be outside a proper enclosure unless the dog or animal is muzzled in a manner that will permit it from biting any person, restrained by a substantial chain or leash not more than six feet in length, and under the physical restraint of a person who possesses the ability to restrain the dog or animal.

(4) When upon the premises of the owner vicious animals, potentially dangerous dogs, and dangerous dogs shall be kept indoors or in a proper enclosure as defined by this chapter. Permanent or temporary tethering as a means of enclosure is prohibited.

(5) Voice control does not constitute control of a vicious animal, potentially dangerous dog, or dangerous dog.

(Ord. Of 9-23-80, § 9: Ord. Of 6-11-85; Ord. Of 10-24-89; Code 1977, § 3-5-9)

State law reference – Livestock running at large, O.C.G.A. § 4-3-1 et seq.; permitting dogs in heat to run at large, O.C.G.A. § 4-8-6.

Sec. 10-11.1. Tethering of animals.

(a) Permanent tethering of animals as a means of enclosure, control, or containment is prohibited.

(b) Tethering for more than three consecutive days is considered permanent tethering.

(c) Whoever obtains, confines, or cares for any animal and who uses tethering as a means of temporary control, and who fails to provide proper length (minimum 10 feet), or who places the tether in such a manner so that it becomes twisted, wrapped around an object, or caught on another object so that it no longer provides proper tether length shall be deemed in violation of this chapter.

(d) Tethering devices must be of a type commonly used for the size animal involved and should be attached to the animal by means of a well-fitted collar or harness. Acceptable temporary tethers include appropriate size chain, leash, rope, tie out, wire, or other tethering device that is of adequate length (minimum 10 feet) to satisfy the space and exercise requirements for the animal.

(e) Tethering devices shall be located in such a manner as to prevent strangulation of or other harm or injury to the animal or to people or other animals that share the space of the tethered animal.

Sec. 10-12. Vicious Animals; Possession of Vicious Animals.

(a) The owner of any animal that engages in an activity or exhibits any behavior as defined by this chapter under 10-01 “Vicious Animal” will be in violation of this chapter.

(b) Upon being adjudicated guilty of or entering a guilty plea or nolo contendere plea to a charge made under this provision, the owner of the vicious animal will be notified by hand delivery or certified mail by CCAC of the requirements for possessing such an animal.

(1) Certificate required. It shall be unlawful for any person to have or possess a vicious animal without a certificate of registration issued by the county, and no more than one certificate of registration shall be granted per person or owner for a vicious animal. Moreover, only one certificate shall be issued per domicile.

(2) Conditions for issuance of certificate. Subject to the additional requirements of this section for vicious animals the CCAC Manager shall issue a certificate of registration to the owner of a vicious animal if the owner presents to the CCAC Manager sufficient evidence of all of the following:

a. A proper enclosure to confine the vicious animal.

b. The posting of the premises with a vicious animal sign obtained from the county warning that there is a vicious animal on the property.

c. CCAC may revoke any certificate of registration granted under this ordinance for a vicious animal, and CCAC may confiscate the animal if there is a violation of this chapter.

(3) Fees. The certificate of registration must be renewed annually on the date the animal was declared a vicious animal. An annual fee to register a vicious animal, as set by the Board of Commissioners, shall be paid by the owner to the animal control unit.

(4) Right to Inspect. The CCAC Manager or his/her designee shall have the right to inspect, randomly and without notice, a vicious animal which is required to be confined pursuant to this section in its environment. Permission of the owner or person in custody of the animal confined shall not be unreasonably withheld.

(d) Any person who shall release, either willfully through failure to exercise due care or control such vicious animal, or who takes such animal out of such proper enclosure in such a manner which is likely to cause injury to another person or damage to the property of another person, shall be in violation of this chapter.

(e) Once adjudicated as a vicious animal, and upon a conviction for a second violation of this chapter, the animal shall be permanently confined or euthanized.

(Ord. of 9-23-80, § 26; Ord. of 6-11-85; Ord. of 10-24-89; Rs. Of 11-9-93; Code 1977, § 3-5-24)

State law reference – Liability of owner or keeper of vicious or dangerous animal for injuries caused by animal. O.C.G.A. § 51-2-7.

Sec. 10-13. Attacking and biting animals; report of; confiscation.

(a) Notice to the county.

(1) Any person having information that an animal has bitten or attacked a person shall immediately report such information to the CCAC Manager.

(2) Notwithstanding the provisions of subsection (a)(1) of this section, the owner of a dangerous dog, potentially dangerous dog, or vicious animal shall notify the CCAC Manager immediately, but in any case within 24 hours, if the dog or animal is on the loose, is unconfined, has attacked a human, has died, or has been sold or donated. If the dog or animal has been sold or donated, the designation travels with the animal, and the original owner shall provide the CCAC Manager with the name, address, and telephone number of the new owner of the dog.

(b) Confiscation of biting animals. Upon receiving notice that an animal has bitten or attacked a person, an authorized person from the animal control unit shall investigate the incident. Any animal determined to have bitten a person shall be immediately strictly confined and isolated for observation at the animal control center or, at the owner’s option, the owner may immediately take the biting animal to a licensed veterinarian. In the event the licensed veterinarian is closed or unable to take the animal at that time the animal will be immediately transported to animal control center and held until the animal can be transported to the veterinary clinic. Regardless of the quarantine or confinement location the owner shall be responsible for all expenses incurred. The biting animal shall be segregated and isolated for at least ten days from the date of the bite.

(1) Nothing shall prohibit the CCAC Manager from allowing an animal to remain in strict confinement on the premises of the owner subject to daily inspections by the animal control unit so long as the health, safety, and welfare of any person or animal is not threatened. Those animals may include but are not limited to the following;

a. A female animal that is nursing offspring and that is current on her rabies vaccination.

b. A vaccinated animal if the animal has a medical condition, verified by a written statement from a licensed veterinarian, and confinement at the animal control center or a veterinary clinic would be detrimental to the health and welfare of the animal.

c. An animal that is current on its vaccination and has bitten its owner, caretaker, or member of its family.

(2) No animal that is in strict confinement for biting shall be vaccinated for rabies until the end of the quarantine period.

(3) No animal that is in strict confinement shall be sterilized or undergo any other surgical procedure during the quarantine period unless the surgery is necessary for a life-threatening medical condition or injury.

(c) Confiscation of dangerous dogs and potentially dangerous dogs. In addition to the provisions of subsection (b) of this section, a dangerous dog or potentially dangerous dog shall be confiscated as follows:

(1) Dangerous dogs. A dangerous dog shall be immediately confiscated by the CCAC Manager or by a law enforcement officer or by another person authorized by the CCAC Manager if:

a. The owner of the dog does not secure the liability insurance or bond required by section 10-10.

b. The dog is not validly registered as required by section 10-10, including the posting of warning signs.

c. The dog is not maintained in a proper enclosure.

d. The dog is outside of a proper enclosure in violation of section 10-11.

(2) Potentially dangerous dogs. Potentially dangerous dog shall be confiscated in the same manner as a dangerous dog if the dog is:

a. Not validly registered as required by section 10-10, including the posting of warning signs.

b. Not maintained in a proper enclosure.

c. Outside of a proper enclosure in violation of section 10-11.

(d) Return of confiscated dangerous, potentially dangerous dogs, or vicious animals. Any dog that has been confiscated under the provisions of subsections (c) (1) or (c) (2) of this section shall be returned to its owner upon the owner’s compliance with the provisions of this chapter and upon payment of reasonable confiscation costs provided in this chapter. If the owner has not complied with the provisions of this section within 20 days of the date the dog was confiscated, the dog shall be destroyed in an expeditious and humane manner. The payment of reasonable confiscation costs and the return of a dog shall not bar or affect in any way an action against the owner for violation of this chapter.

(Ord. Of 9-23-80, SS 13, Ord. Of 6-11-85; Ord. Of 10-24-89; Res of 11-9-93; Code 1977, SS 3-5-10)

Sec. 10-14. Prohibited animals.

It shall be unlawful to purchase, sell, own, possess, harbor, or breed skunks, foxes, prairie dogs, raccoons, coyotes, wolves, hybrid wolves, any hybrid animal that is part wild animal, exotic cats, or any other wildlife unless licensed by the respective federal or state Department of Agriculture to possess such animal.

(Ord; of 6-11-85; Ord. Of 10-24-89; Res. Of 11-9-93; Ord. Of 6-28-94; Code 1977, SS 3-6-26)

Sec. 10-15 Ferrets.

European ferrets, mustela putorius furo, may be sold, purchased, exhibited, or held as a pet, provided that the ferret owner can provide valid documentation that any ferret over the age of four months is spayed or neutered and is vaccinated against rabies by a licensed veterinarian.

Secs. 10-16- 10-35. Reserved.

Article II. Administration and Enforcement

Division 1. Generally

Sec. 10-36. Animal control unit; CCAC Manager; dog control officer; animal control officers; humane officers.

(a) Animal control unit. There is hereby created the county animal control unit, which shall have primary responsibility for animal control and welfare in the county.

(b) Appointment of unit. The CCAC Manager of the animal control unit shall be appointed by appropriate appointing authority. The CCAC Manager may also be designated by the Board of Health as the official rabies control officer for the county.

(c) Powers and duties of the CCAC Manager. The CCAC Manager shall be primarily responsible, with support from the director of the department of public safety, for the enforcement of this chapter; and his/her duties shall include but not be limited to the following;

(1) Responsibility for the operation of the animal control center and the performance of such duties and the keeping of such records as the Board of Commissioners may require.

(2) Cooperation with the county board of health in the enforcement of rabies control regulations and of animal control directives.

(3) Cooperation with the animal welfare organizations.

(4) Taking up and impounding animals which are in violation of this chapter, using any and all means available that are humane in nature.

(5) Housing animals at the CCAC center, or at any facility designated by CCAC to function or serve as an auxiliary center.

(6) Keeping a record of the number, description and disposition of all animals impounded or otherwise taken into custody, showing in detail in the case of each animal all of the following:

a. A general description by sex, breed, and approximate age, together with any identification tag, vaccination tag or other marking, if any;

b. The date of receipt;

c. The date and manner of disposal;

d. The name and address of the person reclaiming or adopting;

e. The fees and charges;

f. The proceeds of sales received;

g. The condition of the animal when received;

h. Any treatment administered to the animal, including any drugs, medication, or appliances;

i. The condition of the animal when reclaimed, redeemed, adopted or purchased.

j. Such additional records as the board of commissioners may require.

(d) Identification. The animal control officers and humane officers shall wear uniforms and badges containing the individual’s name while engaged in the execution of their duties. The CCAC Manager and assistant manager shall possess badges for use in the execution of their duties, but shall not necessarily wear uniforms.

(e) Dog control officer. The CCAC Manager is hereby designated the responsibility of dog control officer, and shall carry out all duties provided for by the state dangerous dog control law for the county or any other local government pursuant to contract or agreement; and his/her duties shall include, but not be limited to the all of following:

(1) Upon receiving a report of a dangerous dog or potentially dangerous dog, making such investigation and inquiries as may be necessary to identify the dangerous/potentially dangerous dog and the dangerous potentially dangerous dog’s owner within the dog control officer’s jurisdiction..

(2) Notifying the dog’s owner pursuant to the state dangerous dog control law when the dog has been classified.

(f) Enforcement by CCAC Manager, animal control officer, humane officers. In addition to other duties, the CCAC Manager, animal control officers, and humane officers shall have authority to investigate all animal complaints and enforce the animal control ordinance and state dangerous dog law as applied in this chapter.

(Ord. Of 9-23-80, § 4; Ord. Of 6-11-85; Ord. Of 10-24-89; Res. Of 11-9-93; Code 1977, § 3-5-4)

Sec. 10-37. Fees.

(a) The fees with respect to all services performed in connection with enforcement of this chapter shall be set by the Board of Commissioners from time to time. A copy of such fee schedule shall be posted at the headquarters of the animal control unit and may be changed at any time and from time to time as determined by the Board of Commissioners.

(b) The fees established and collected under this chapter and pursuant to the state dangerous dog control law are not penalties, but are imposed for the sole purpose of defraying expenses borne by the county for animal control and welfare under this chapter and are subject to change at any time.

(Ord. Of 9-23-80, § 20; Ord. Of 6-11-85; Ord. Of 10-24-89; Code 1977, § 3-5-18)

Secs. 10.38 – 10.50. Reserved.

Division 2 Animal Control Board. *

Sec. 10-51. Membership.

(a) The Cobb County Animal Control Board shall consist of the following: One member of the Humane Society of Cobb County board of directors or their designee, two veterinarians, at least one of whom shall be a member of the Cobb County Veterinary Medical Society; one citizen chosen by the chairman of the Board of Commissioners; one active member or employee of any licensed animal rescue group, licensed humane society, or licensed veterinary practice, and two interested citizens. Members of the Animal Control Board shall adopt procedures and policies to govern potential conflicts of interest arising from the responsibilities and duties of their positions.

(b) The CCAC Manager shall be an ex officio member of the Animal Control Board.

(d) The commissioners representing commissioner district 1 and commissioner district 4 shall each appoint one member to the Animal Control Board, the commissioners representing commissioner district 2 and commissioner district 3 shall each appoint two members to the Animal Control Board. The term of each member shall run concurrently with and at the pleasure of the appointing commissioner’s term of office and until a replacement is appointed and qualified. If an appointing commissioner is no longer in office due to a general election or a special election, resignation, or death, in which more than one year remains in that commissioner’s term, any member appointed by that commissioner shall be subject to removal with or without cause and without regard to any unexpired term by the newly elected commissioner filling such seat. The newly elected commissioner shall have the right to appoint a new member to the Animal Control Board.

(e) The member of the Animal Control Board chosen by the chairman of the Board of Commissioners shall serve concurrently with and at the pleasure of such chairman’s term of office and until a successor is appointed and qualified. Upon the election of a new chairman, the member shall be subject to removal with or without cause and without regard to any unexpired term by the newly elected chairman. The newly elected chairman shall have the right to appoint a new member of the Animal Control Board.

(f) Any member of the Animal Control Board who has missed two meetings per calendar year without prior notification to the chairperson or secretary (unless exempted by the bylaws) of the Animal Control Board shall be deemed to have resigned and notification shall be sent to the appointing commissioner requesting a replacement.

Sec. 10-52. Animal control board powers and duties.

In addition to such other powers and duties as may be set forth in this chapter, the Animal Control Board shall have the power and duty to:

(a) Hold hearings and recommend to the Board of Commissioners regulations and amendments to this chapter concerning the control and welfare of animals in the county.

(b) Recommend to the Board of Commissioners guidelines for the operation and maintenance of the animal control center.

(d) Study animal related issues and recommend to the Board of Commissioners those programs, methods, etc. found to be both economically feasible and humane.

(e) Study and recommend to the Board of Commissioners requirements for the treatment and maintenance of animals at the animal control center

(f) Supply to the Board of Commissioners semiannual reports as to any recommendations provided for in this section, or at such other intervals or times as may be designated by the Board of Commissioners.

(g) Carry out those duties as provided for in the state dangerous dog control law and hold hearings and determine matters provided therein and as amended. In addition, the Animal Control Board may enact procedures for hearings on the state dangerous dog law.

(h) The Animal Control Board may request and receive in a timely manner statistics, information, and documentation from the CCAC Manager that is necessary for reports and studies for the Board of Commissioners.

(i) The Animal Control Board may enact its own by-laws and general hearing procedures.

(Ord. Of 9-23-80, § 6; Ord. Of 6-11-85; Ord. Of 10-24-89; Code 1977, §3-5-6)

*Cross reference – Boards, commissions, and authorities, § 2-191 et seq

Sections 10-53 – 10-65. Reserved.

Division 3. Animal Impoundment, Redemption, and Adoption

Sec. 10-66. Impoundment of animals found running at large; notice to owner.

(a) Subject to the state dangerous dog control law and subject to the provisions of this chapter relating to rabies control and to the rules and regulations of the Board of Health and this chapter, any animal found running at large or otherwise engaged in any activity or existing in a condition prohibited by this chapter or by the state dangerous dog control law shall be taken and impounded at the animal control center.

(b) Any person may take up and place with the animal control unitany animal running at large in violation of this chapter.

(c) Any person who takes into custody an animal running at large in violation of this chapter shall deliver such animal to the animal control center without fee or charge. However, a person may house the animal for five business days if attempting to locate and/or contact the owner. Once in the custody of the animal control center, the center shall hold and dispose of such animal in the same manner as though such animal had been running at large and impounded by officers of the animal control unit.

(d) Upon receipt for impoundment of any domesticated animal found to have any means of identification, the animal control unit shall immediately make diligent efforts to ascertain the identity of the animal’s owner. If identified, CCAC shall, within 24 hours of receipt, telephone the owner to give notice of the impoundment. If the animal control unit is unable to contact the owner by telephone, it shall send notice of impoundment to the owner by certified mail.

(e) Diseased, injured, infant, or pregnant animals, and animals in need of immediate veterinary treatment so as to lesson their suffering, prevent the spread of a communicable disease to other animals, or to save the animal’s life, shall be treated by or under the direction of a licensed veterinarian. If an animal is suffering from any life-threatening disease or injury where life can not be maintained and a slow death would be inhumane, and the licensed veterinarian and the CCAC Manager agree that the best interest of the animal would be served by euthanizing the animal, then the animal shall be humanely euthanized regardless of whether or not the normally-required impoundment period has expired.

(f) Any licensed veterinarian that is caring for an animal during the period of impoundment shall immediately notify the CCAC Manager if the animal dies.

(Ord. Of 9-23-80, § 13; Ord. Of 6-11-85; Ord. Of 10-24-89; Res. Of 11-9-93; Code 1977, § 3-5-11)

Sec. 10-66.1 Taking; selling; impounding of owned animals.

(a) Any person who takes, steals, deliberately lures an animal off the property of the owner without permission of the owner, or who deliberately releases off the property of the owner, without the permission of the owner, a cat, dog, or other domestic animal shall be in violation of this chapter.

(1) A law enforcement officer or the CCAC Manager who takes an animal as directed in this chapter while performing his/her duties as defined by this chapter shall not be in violation of this section.

(2) An animal that has been abandoned, injured, or that is in danger may be removed by CCAC.

(3) Any CCAC officer that finds an abandoned animal, an animal in need of immediate medical care or treatment due to a life-threatening illness or injury, or an animal that is in danger, may remove the animal from public or private property if the removal is for the purpose of seeking immediate medical care for the animal, or is in the immediate best interest of the animal. If the animal is removed from private property, notice shall be left at the owner’s residence or vehicle advising the owner of the impoundment and reason for impoundment.

(b) It shall be a violation of this chapter for any person who knows who the owner of an animal is to do any of the following without the owner’s permission:

(1) Relinquish the animal to the animal control unit without notifying the animal control unit of the animal owner’s name and address.

(2) Sell the animal.

(3) Give the animal away.

Sec. 10-66.2. Entrapment of animals; methods, duration, access to food and water, etc.

(a) Trapping of animals is permitted only if all of the following are complied with:

(1) The trap shall be a humane trap that is safe and non-debilitating.

(2) The trap must be placed in such a manner as to prevent injury to children.

(3) Traps set to operate must be checked at least every eight hours.

(4) Traps must not be set for more than eight hours prior to the earliest possible transport to the animal control center.

(5) Traps can only be placed on public or private property with permission of the owner or lessor of the property.

(6) Trapped animals:

a. Are given food and water as needed to prevent malnutrition and dehydration.

b. Are not to be treated in a cruel or abusive manner.

(b) Trapped domestic animals that appear to be:

(1) Seriously ill or severely injured shall be taken to a licensed veterinarian or the animal control center for evaluation, care, and disposition.

(2) Uninjured and reasonably healthy shall be taken to CCAC or returned to the owner if known.

Sec. 10-67. Period of impoundment or confinement.

(a) All periods specified in this section shall be deemed to commence at 12:01 a.m. of the day following the day of impoundment or confinement.

(b) Other than those dogs confiscated under section 10-13 (b), 10-13 (c), 10-97, or 10-121 through 10-121.18, all impounded animals shall be kept at the animal control center for a period of not less than five working days unless redeemed within such period.

(c) Wildlife or wild animal as defined by this chapter which have been captured by or placed within the custody of the animal control unit shall not be deemed impounded and need not be retained for any minimum length of time. Wildlife and wild animals received by the animal control unit will be disposed of in accordance with federal and state guidelines.

(d) Any animal which is voluntarily surrendered to the animal control unit shall be deemed permanently relinquished to the animal control unit and may be immediately adopted, destroyed, or otherwise disposed of as though it had been impounded.

(Ord. Of 9-23-80, § 14; Ord. Of 6-11-85; Ord. Of 10-24-89; Code 1977, § 3-5-13)

Sec. 10-68. Redemption; abandonment.

(a) The owner of any animal impounded may regain possession of the animal upon payment of all applicable fees specified in section 10-37 and compliance with the terms of this chapter. Such redemption shall not affect any criminal liability of the owner, which may exist with respect to any violation of this chapter and shall not preclude proceedings against the owner for the purpose of pursuing sanction under this chapter.

(1) Any animal impounded as a result of cruelty, abuse, neglect, or any other reason as defined by this chapter as inhumane treatment may be retained by CCAC until such time as the case is dispositioned in a court competent to hear such matters.

(2) Any impounded animal that was adopted from CCAC and was not spayed or neutered per the adoption agreement by the required spay/neuter date shall immediately be reclaimed by CCAC and the owner may not be permitted to reclaim said animal.

(3) Any animal found running at large and impounded for a third offense in an 18-month period, and where two previous convictions for control exist, may be held at the CCAC center until such time as the third offense is dispositioned by a court competent to hear the matter.

(b) Any impounded animal not redeemed within the period specified in section 10-13(d), or section 10-67, whichever is applicable, shall be considered abandoned to the animal control unit, in which event all rights of ownership shall vest in the animal control unit; and the owner shall have no further claim to such animal.

(Ord. Of 9-23-80, § 15; Ord. Of 6-11-85; Ord. Of 19-24-89; code 1977, § 3-5-13)

Sec. 10-69. Adoption.

(a) The animal control unit shall endeavor to locate adopters for adoptable animals. No adoption shall become final until the termination of impoundment period or confinement period provided for in section 10-67. No person under 18 years of age may adopt an animal and all adopters must provide proper identification prior to the adoption.

(b) As a condition precedent to adoption, all fees pursuant to section 10-37(a) shall be paid by the adopter.

(c) The CCAC Manager shall have the right to refuse adoption to any person or entity that, for any reason, in the discretion of the CCAC Manager, may be deemed unsuitable as an adopter.

(d) No transfer of any animal held at the animal control center shall be valid without the written approval of the CCAC Manager. Transfer of ownership occurs when the adoption paperwork has been signed by the adopter and physical transfer of the animal occurs.

(e) All animals adopted from animal control center shall be neutered or spayed. Upon completion of neutering or spaying within the period specified by the animal control unit, the veterinarian performing such operation shall submit to animal control certification of such operation.

(1) The adopter shall be responsible for providing proof that the animal has been sterilized within 7 days of the surgery or will insure that the licensed veterinarian responsible for the spay/neuter surgery submits written verification to CCAC that the sterilization process has been accomplished

(f) No person residing in the same household, nor any corporation, institute, or other entity, may adopt more than three animals within any 12-month period; however, nothing shall prohibit the CCAC Manager’s discretion to donate more than three animals in a 12-month period, if the donation is in the best interest or welfare of the animal or it is in the best interest of public safety.

(Ord. Of 6-11-85; Ord. Of 10-24-89; Res. Of 11-9-93; Code 1977 § 3-5-14)

Sec. 10-70. Sale of animals.

(a) The animal control unit shall have the exclusive right to dispose of all animals that have been relinquished to CCAC, impounded or confiscated and not redeemed within the period specified by CCAC, including but not limited to domestic animals, farm animals, livestock, exotic animals, birds, and reptiles not redeemed pursuant to this chapter in any manner deemed appropriate in the best interest of the animal and in accordance with this chapter.

(b) Any animal not redeemed, adopted, or euthanized pursuant to this chapter may be donated, relinquished, or surrendered to a licensed humane society, licensed rescue organization, licensed animal center, licensed veterinarian, licensed government training group, or licensed training group that is knowledgeable in and willing to provide for the proper care of the animal being donated provided, the animal will not be used for experimentation or any cruel or inhumane practice. (Code 1977 § 3-5-14.1)

Sec. 10-71. Destruction of animals

(a) Subject to those dogs falling within subsections (b) and (c) of this section, any impounded animal within one of the following categories may be destroyed at the discretion of the CCAC Manager, in as humane a manner as possible:

(1) Any animal not redeemed within the periods specified in section 10-68 and section 10-13(d) which by reason of age, disease, temperament, or injury is not considered adoptable or otherwise placeable, when limitations on available kennel space at CCAC exist.

(2) Any animal which is suffering excessively, without regard to whether the period of confinement designated in section 10-67 has expired.

(3) Any animal which presents a real danger or exhibits a propensity for aggressive behavior towards any person or other animal, without regard to whether the period of confinement designated in section 10-67 has expired.

(b) The owner of a dog confiscated for violation of section 10-10 shall have 20 days from the date the dog was confiscated to comply with the provisions of this chapter and pay reasonable confiscation costs to redeem the animal. If the owner has not complied with the provisions of this chapter within the 20-day period, the dog shall be destroyed in an expeditious and humane manner, as determined by the CCAC Manager.

(c) Any dog confiscated when the owner is in violation of the state Dangerous Dog Control Law (O.C.G.A. § 4-8-20 et seq.) shall be destroyed as determined by the CCAC Manager only after there has been a conviction or order by an appropriate court under either of such sections.

(d) Any animal confiscated when the owner is in violation of section 10-12 of this chapter shall be destroyed as determined by the CCAC Manager only after there has been a conviction or an order by an appropriate court.

(Ord. Of 9-23-80, § 17; Ord. Of 6-11-85; Ord. Of 10-24-89; code 1977, § 3-5-15)

State Law reference – Euthanasia of dogs and cats by animal shelter, O.C.G.A. § 4-11-5.1.

Sec. 10-72. Neutering and spaying.

(a) No impounded animal shall be neutered or spayed (sterilized) without the owner’s consent until the period of redemption shall have expired except:

(1) Any animal that in the opinion of a licensed veterinarian must be sterilized to save a life may be so sterilized by any licensed veterinarian prior to the expiration of the redemption period.

(b) The animal control unit shall accomplish the sterilization of any animal whose period of impoundment has expired or that has been voluntarily surrendered to the county by:

(1) Requiring adopters to sign a binding agreement to have the adopted animal sterilized within the period specified by the animal control unit as follows:

a. Within fourteen days from the date of adoption for animals over the age of five months.

b. Within the first five months of age for sexually immature animals.

c. If the animal cannot be sterilized as required due to disease or medical condition, or for other reasons as specified by a licensed veterinarian, then written verification from a licensed veterinarian shall be delivered to the animal control unit by the adopter of the animal and the animal shall be sterilized upon recovery or as soon as recommended by the licensed veterinarian.

(c) The adopter of any animal required to be sterilized pursuant this chapter shall be responsible for providing the CCAC Manager proof that the animal has been sterilized within 7 days of the surgery. The adopter will not be relieved of this responsibility until the veterinarian performing the sterilization certifies to CCAC Manager that the sterilization has been accomplished, or unless the veterinarian certifies to CCAC in writing that the animal has died.

(d) Any adopted animal not sterilized within the time specified by the animal control unit may be reclaimed by CCAC.

(Ord of 9-23-80, § 19; Ord. Of 6-11-85; Ord. Of 10-24-89: Res. Of 11-9-93; Code 1977, § 3-5-17)

Sec. 10-73 – 10-95. Reserved.

Article III. Rabies Control*

Sec. 10-96. Rabies vaccination; tag requirement for dogs, cats, and ferrets.

(a) Insofar as the control of rabies is concerned, this chapter shall be construed and enforced consistently with any rules and regulations promulgated by the Board of Health. The CCAC Manager and Public Safety Director and their designees are authorized and directed to enforce any such rabies control rules and regulations which may be promulgated by the Board of Health.

(b) All dogs, cats, and ferrets shall be vaccinated by four months of age and revaccinated as recommended by the current Compendium of Animal Rabies or a licensed veterinarian according to the type of vaccine and the duration of its effectiveness.

(c) Animals that may not be vaccinated for health reasons at the direction of a licensed veterinarian and those under the suggested age shall wear a collar with identification tags when off the property of the owner.

(d) Ferrets are not required to wear a collar and tag, however the owner, caretaker, or veterinarian shall provide proof of vaccination upon demand of CCAC Manager.

(e) It shall be unlawful for any person to keep or harbor, or allow to be kept or harbored any dog or cat over four months of age without a collar, which shall have attached thereto a valid vaccination tag.

(1) Dogs, while legally hunting or working on agricultural property with permission of the owner, are not required to wear a collar with identification tags when off the property of the owner.

(2) Show animals are not required to wear a collar or rabies tag while being shown as required by this chapter provided that the owner/handler shall have the rabies tag in his possession where it may be shown upon demand of the representative of the animal control unit.

(3) Animals that are housed at licensed kennels, shelters, or veterinary clinics are exempt from wearing collars and rabies tags provided the animal has been properly vaccinated and the veterinarian/caretaker has the rabies tag or proof of vaccination in his/her possession where it may be shown upon demand of the representative of the animal control unit.

(4) Cats and dogs over four months of age and that are on the owner’s property are not required to wear their rabies tag provided the owner can provide proof of current rabies vaccination upon demand of the CCAC Manager. For the purpose of this section an owner’s individual apartment, condominium, trailer, interior space, or private yard is considered the owner’s property, however, common areas including but not limited to halls, walkways, yards, or areas that are shared by others are considered public areas.

(f) Any dog or cat entering the county only for the purpose of a temporary stay not exceeding 14 days shall be exempt from the rabies tag provision of this section, but shall be subject to all other provisions of this chapter.

(Ord. Of 9-23-80, §§ 7, 8,; Ord. Of 6-11-85; Ord. Of 10-24-89; Code 1977, § 3-5-7)

*Cross Reference – Health and sanitation, ch 62.

State law reference – Control of rabies, O.C.G.A. § 31-19-1 et seq.

Sec. 10-97. Animals Bitten by rabid animals and/or suspected rabid animals.

(a) Dogs and cats that are current on their rabies vaccinations that are bitten by a suspected or proven rabid animal shall be revaccinated immediately, confined, and observed for the period of time required by the state of Georgia. Confinement is the responsibility of the owner and subject to unannounced inspections by the animal control unit to ensure compliance.

(b) Unvaccinated dogs, cats, and ferrets that are bitten by a suspected or proven rabid animal should be humanely euthanized immediately. If the owner is unwilling to euthanize the animal, the exposed animal must be placed in strict confinement/isolation for six months and vaccinated one month prior to being released from isolation. Confining the animal in strict isolation is the responsibility of the animal owner and subject to unannounced inspections by the animal control unit to ensure compliance.

(c) Cattle and livestock that are current on their rabies vaccinations that are bitten by a suspected or proven rabid animal shall be revaccinated immediately, confined, and observed for the period of time required by the state of Georgia. Confining the animal in strict isolation is the responsibility of the animal owner and subject to unannounced inspections by the animal control unit to ensure compliance.

(d) Unvaccinated cattle or livestock should be destroyed (slaughtered) immediately. Under special circumstances and with the approval of CCAC and the county health department, the owner may opt to keep the exposed animal under very strict confinement and/or isolation and close observation for the period of time required by the state of Georgia.

(e) Any animal that is bitten by a suspected or proven rabid animal that is not destroyed and that manifests any of the symptoms of rabies should be immediately examined by a licensed veterinarian. If the licensed veterinarian determines that the animal is displaying symptoms of rabies and the symptoms cannot be attributed to any other illness or injury the animal shall be humanely euthanized and CCAC shall be notified.

(f) All animals will be managed in accordance with the guidelines established in the most current edition of the Georgia Rabies Control Manual.

(Res. Of 11-9-93; Code 1977, § 3-5-7.1)

State law reference – Animal bites, O.C.G.A. § 31-19-4.

Sec. 10-98 – 10-120. Reserved.

ARTICLE IV. CRUELTY AND RELATED OFFENSES†

Sec. 10-121. Cruelty to Animals.

(a) Any person who causes abuse to an animal, or aids another person in causing abuse to an animal, or causes or permits an animal to inflict abuse on another animal, by acting or failing to act, shall be in violation of this chapter. Cruelty to an animal includes but is not limited to:

(1) Neglect as defined by this chapter.

(2) Failure to provide reasonable remedy or relief for any injured or diseased animal.

(3) Overloading oroverdriving.

(4) Beating, torturing, or tormenting.

(5) Abandonment.

(6) Killing any animal or causing the same to be done.

(7) Failure to maintain adequate care for animal.

(8) Failure to provide adequate food for an animal.

(9) Failure to provide adequate water for an animal.

(10) Failure to provide adequate shelter for an animal.

(11) Failure to provide adequate bedding for an animal.

(12) Failure to provide adequate primary enclosure for an animal.

(13) Failure to provide adequate exercise for an animal.

(14) Failure to provide adequate space for an animal.

(15) Failure to maintain sanitary conditions.

(16) Failure to provide adequate ventilation for an animal.

(17) Failure to provide adequate temperature control for an animal.

(18) Hoarding or collecting animals as defined by this chapter.

(19) Owning, managing, obtaining, confining, or caring for any number of animals in an animal mill as defined by this chapter.

(20) Mutilating a dead animal.

(21) Otherwise treating any animal in a cruel or inhumane manner.

(b) Exceptions:

(1) Licensed veterinarians that perform surgery or euthanasia and CCAC personnel that euthanize animals under the direction of the CCAC Manager per the guidelines of the Georgia Veterinary Medical Association, Georgia Department of Agriculture, and this chapter are not in violation of this chapter.

(2) A person shall not be guilty of cruelty when the person is protecting their life or the life of another person or animal that is being attacked by an animal that is attempting to severely harm or kill them, provided that the person being attacked is not committing a crime or is not aggravating or inciting the animal to attack, and has not aggravated, injured, abused, or assaulted the animal in the past.

Sec. 10-121.1. Aggravated cruelty to animals.

(a) Any person shall be in violation of this chapter and shall be guilty of Aggravated Cruelty who knowingly and maliciously causes or aids another person or animal in causing or attempting to cause the death, physical harm to, or serious disfigurement to an animal by, but not limited to the following:

(1) Rendering a part of such animal’s body useless.

(2) Drowning, severely starving, severely dehydrating, strangling, suffocating, burying alive, or burning.

(3) Attempting to kill, abuse, maim, disfigure, dismember, mutilate, or torture any animal.

(4) Administering poison to any animal or exposing any animal to any poisonous or toxic/deadly substance.

(b) Exception: Licensed veterinarians that perform surgery or euthanasia and CCAC personnel that euthanize animals under the direction of the CCAC Manager per the guidelines of the Georgia Veterinary Medical Association, Georgia Department of Agriculture, and this chapter are not in violation of this chapter.

(c) Exception: A person shall not be guilty of aggravated cruelty when the person is protecting their life or the life of another person being attacked by an animal that is attempting to severely harm or kill them, provided that the person or animal being attacked is not committing a crime or is not aggravating/inciting the animal to attack and has not aggravated, injured, abused, or assaulted the animal in the past.

† Cross reference – Offenses and miscellaneous provisions, ch. 86.

State law reference – Dogfighting, O.C.G.A. § 16-12-37; cruelty to animals, O.C. G. A. § 16-12-4; Georgia Animal Protection Act, O.C.G.A. § 4-11-1.et seq.

(Ord. 0f 9-23-80, §§ 10, 11, 27; Ord. Of 6-11-85; Ord. Of 10-24-89; Code 1977, § 3-5-19)

Sec. 10-121.2. Abandonment of a domestic animal.

(a) Any person that engages in any behavior or activity defined under 10-01, “Abandonment (of an animal)” shall be in violation of this chapter.

(b) An animal that is deserted when premises are temporarily vacated for the protection of human life during a disaster or emergency hospitalization shall not be regarded as abandoned under this article where the owner or custodian lacked sufficient time or resources to make reasonable arrangements for the adequate care and custody of the animal.

(c) An animal relinquished through a written agreement with CCAC, the Humane Society of Cobb County, other licensed rescue groups, licensed veterinarians, an individual, or other entity shall not be deemed abandoned but shall be considered relinquished to the entity.

(d) An animal left unattended when its sole owner dies shall not be deemed abandoned, and shall be impounded by CCAC until CCAC can locate a family member to take custody of the animal. If a family member cannot be located, then the animal will be held in compliance with Section 10-67 of this chapter.

(Ord. Of 9-23-80, § 23; Ord. Of 6-11-85; Ord. Of 10-24-89; Code 1977, § 3-5-21)

Sec. 10-121.3. Fighting of animals.

(a) No animal shall be used for or intended to be used for fighting.

(b) No animal shall be used or intended to be used to train other animals to fight.

(c) No animal shall be used for or intended to be used as bait to encourage aggressive or fighting behavior in other animals.

(d) No person shall own, possess, keep, harbor, train, lend, sell, give, borrow, or handle any dog, cat, bird/fowl, game animal, or other domestic, feral, or wild animal with the intent that such animal shall be engaged in any animal fight/fight training, exhibition of animal fighting, or use of animal as bait for fighting/aggressive/game animals.

(e) No person shall train, assist, umpire/referee, or in anyway participate in the training of any animal to be used for animal fighting or used as bait for animal fighting, or torment, badger, or bait any animal for the purpose of fighting, blood sport training, or any other activity where the primary purpose is the training and/or conditioning of animals for aggressive or vicious behavior or animal fights or exhibitions of fighting animals.

(f) No person shall charge admission to, participate in, or be present as a spectator, handler, timekeeper, referee, guard, etc. at any animal fight/battle.

(g) No person shall profit from any activity connected with any animal fight or exhibition of animals fighting or training, or competitions or matches of fighting/aggressive/game animals.

Sec. 10-121.4. Animal fighting and/or training arenas and/or areas.

(a) No person shall build, make, maintain, or keep a pit or other animal fighting arena or area whether permanent or portable on premises owned by him/her or occupied by him/her for the purpose of any exhibition/occurrence of animal fighting or training for animal fighting or for training for aggressive animal behaviors.

(b) No person shall allow a pit or other animal fighting arena/area whether permanent or portable to be built, made, maintained, or kept on his/her premises, for the purpose of any exhibition/occurrence of animal fighting or training for animal fighting or for training for aggressive animal behaviors.

(c) No person shall build, make, maintain, or keep a pit or other animal fighting arena /area whether permanent or portable on public or private property that does not belong to him/her for the purpose of any exhibition/occurrence of animal fighting or training for animal fighting or for training for aggressive animal behaviors.

Sec. 10-121.5. Training Equipment.

(a) No person shall posses, use, sell, give, trade, or loan apparatus, paraphernalia, pit supplies, implements, programs, drugs, equipment, etc. used to train or condition animals to be aggressive, aggressive animals, game animals, or animals used to train other animals to be aggressive.

(b) Exception: Law enforcement animal trainers/handlers may use training apparatus in a humane manner for training law enforcement animals to be used only for official law enforcement duties.

Sec. 10-121.6. Animals in motor vehicles.

Any person shall be in violation of this chapter who:

(a) Transports an animal in a pickup or other open vehicle unless the animal is either:

(1) Fully enclosed within the vehicle.

(2) Protected by a belt, halter, tether, cage, container, or other device that will prevent the animal from falling, jumping, or being thrown from the motor vehicle and that will protect the animal from harm.

(b) Leaves an animal in a parked vehicle when temperatures inside the vehicle may adversely affect the animal's health and welfare. When the conditions inside a parked vehicle constitute an imminent threat to the animal’s health or safety, any animal left in a parked vehicle may be removed by CCAC, any law enforcement agency, or fire agency from that vehicle.

(d) Leaves an animal in any vehicle where it must stand, sit, or lie on extremely hot or cold surfaces including but not limited to truck beds.

(e) Attaches any animal to any motor vehicle in such a manner as to place the animal outside of the vehicle while it is in motion.

Sec. 10-121.7. Impoundment of animals not humanely treated and in violation of Secs.10-121-10-121.6.

Any animal that has not received humane care, that has been subjected to cruelty in violation of 10-121 thru 10-121.2, or 10-121.6, that is used or intended for use in any violation of 10-121.3 thru 121.5 shall be immediately impounded by CCAC in compliance with requirements of the Animal Protection Act of 2000 4-11-9.2 thru 4-11-9.4.

Secs. 10-122-10-134. Reserved.

Article V. Miscellaneous Offences

Sec. 10-135. Selling/Giving away of Animals. Selling or giving away animals in front of or on private property or public property other than the animal owner’s without the property owner’s permission is prohibited unless done or overseen by a licensed rescue group, licensed animal shelter, licensed veterinarian, licensed pet dealer, or licensed humane society which has all required governmental licenses and/or registrations and has obtained permission from the owner of the business or property. Private or public property includes but is not limited to retail stores, businesses, flea markets, yard sales, and CCAC property.

(Ord. Of 9-23-80, § 21; Ord. Of 6-11-85; Ord. Of 10-24-89; Code 1977, § 3-5-19)

Sec. 10-136. Motorist hitting domestic animal to make report.

Any person who, while operating a motor vehicle, strikes or causes injury to any domestic animal shall notify the owner if known or ascertainable, as well as the animal control unit, or county police department, or any law enforcement agency, of the injury to and location of the animal.

(Ord. Of 9-23-80, § 23; Ord. Of 6-11-85; Ord Of 10-24-89; Code 1977, § 3-5-21)

Sec. 10-137. Exhibition of animals.

(a) Animal exhibitions will be permitted provided that the exhibitor:

(1) Has all valid licenses and permits that are required by the state, county, or city available for inspection on demand.

(2) Abides by all federal, state, and local laws, ordinances, rules, and guidelines that apply to such exhibits.

(3) Does not exhibit any animal that is ill or injured.

(4) Has a licensed veterinarian either present or on call to attend to any injured/ill animal.

(5) Confines/controls all animals to protect the public and the animal from harm.

(6) Ensures that all animals are treated in accordance with this chapter.

(b) Legal exhibitions include but are not limited to petting zoos, circuses, dog shows, or individuals or groups displaying/marketing animals for adoption or sale, etc., unless otherwise prohibited in this chapter. Animals that are at high-risk carriers of rabies such as foxes, raccoons, and skunks shall not be exhibited in petting zoos or any exhibition where they can come in contact with people.

(c) Exhibitions of animals for illegal purposes as stated in local ordinances, this chapter, or state and federal laws are strictly prohibited.

(d) No person shall in any manner or for any reason encourage, instigate, promote, assist, exhibit, organize, sponsor, host, or participate in an exhibition and/or demonstration of the following types of animals including but not limited to those animals that are:

(1) Used or potentially used for fighting or training for fighting.

(2) Game animals.

(3) Bred with the intent to fight.

(4) Aggressive animals.

Sec. 10-138. Sanitation

(a) Animal owners must keep their yard, property, porches, balconies, decks, etc. reasonably free of animal feces. Animal waste shall be removed in a timely manner so that the property shall be kept reasonably waste/odor-free to prevent it from becoming a health hazard or nuisance. Feces shall be placed in a closed or sealed container and thereafter disposed of it in a trash receptacle, sanitary disposal unit, or other closed or sealed refuse container.

(b) Persons who permit their animal to defecate on public or private property other than their own property are required to immediately pick up the feces, place it in a closed or sealed container, and properly dispose of it promptly in a trash receptacle, sanitary disposal unit, or other closed or sealed refuse container.

(c) Any person found in violation of subsection (a) or (b) of this section shall be in violation of this chapter, subject to the following exceptions:

(1) Persons using guide dogs or assistances dogs are exempt from removing feces.

(2) Hunters using hunting dogs in a legal hunt with permission of the property owner.

(3) Law enforcement officers while working with police trained dogs on official business.