§ 14-1. 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:

Abandoned animal. Any domesticated animal shall be considered "abandoned," for the purposes of this chapter, which shall have been placed upon public property or within a public building, unattended or uncared for, or upon or within the private property of another without the express permission of the owner, custodian or attendant of the private property and is unattended or uncared for. Any domesticated animal shall also be considered as abandoned, for the purposes of this chapter, which shall have been upon or within the property of the owner or custodian of this animal for a period of time in excess of 36 hours unattended and without proper food and water.

Animal at large means an animal not under restraint.

Animal control officer means any officer, agent or employee of the governing authority designated by the governing authority to perform the duties of animal control and enforcement of this chapter and to perform the duties of dog control officer pursuant to O.C.G.A. § 4-8-22(c), as amended from time to time.

Animal shelter. The term "animal shelter" means:

(1)

Any facility operated by or under contract for the state, county, a municipal corporation, a political subdivision of the state or the county humane society for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted dogs, cats, and other animals;

(2)

Any veterinary hospital or clinic operated by a veterinarian or veterinarians which operates for such purpose in addition to its customary purposes; and

(3)

Any facility operated, owned, or maintained by a duly incorporated humane society, animal welfare society, or other nonprofit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals.

Animal under restraint. Any domesticated animal is considered under restraint if:

(1)

It is controlled within the property limits of its owner by a visible physical barrier (fence (nonelectronic), chain, leash, etc.) of its owner;

(2)

It is controlled by a leash;

(3)

It is at heel or beside a competent person and is obedient to the person's commands; or

(4)

It is within the occupant enclosure of a vehicle or restrained if within the cargo area of a truck being driven or parked on the streets.

Board of health means the county board of health.

Dangerous animal means any animal that, according to the records of an appropriate authority:

(1)

Has without provocation inflicted severe injury on a human being on public or private property; or

(2)

Aggressively bites, attacks, or endangers the safety of humans without provocation after the animal has been classified as a potentially dangerous animal and after the owner has been notified of such classification.

Domesticated animal means an animal that is living in or about the habitation of people including, but not limited to, cats, chickens, dogs, ducks, cows, fowl, geese, horses, rabbits, swine, domesticated wild animals and/or exotic animals. Pen-raised skunks are categorized as those skunks acceptable by the state and may be kept in the state as pets.

Exotic animal means any animal not native to the county and includes, but is not limited to, emus, iguanas, pythons, ostriches, reptiles and rhea. It shall also include any hybrid animal which is part exotic animal.

Governing authority means the city council.

Guard animal means any animal which has been trained to attack persons or other animals independently or upon oral command and any animal which, while not so trained, is reasonably expected to perform as a guardian of the property upon and within which it is located.

Humane society means the county humane society or any corporation, organization or association existing for the purpose of prevention of cruelty to animals, education for humane treatment of animals or animal adoption for stray animals.

Law enforcement agency means the city police department, the county sheriff's office or the county enforcement division.

Livestock means any hoofed animal including, but not limited to, a cow, horse, goat, llama, bovine, equine and swine as well as all other animals used or suitable for either food or labor.

Owner means any natural person or any legal entity, including, but not limited to, a corporation, partnership, firm, or trust, who or which owns, possesses, harbors, keeps, cares for, feeds, maintains, has custody or control of, or knowingly permits to be harbored or kept or to remain on or about their premises an animal within the jurisdiction of the city council.

Potentially dangerous animal means any animal with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to otherwise threaten the safety of human beings, or any animal that, when unprovoked:

(1)

Inflicts injury on a human being on public or private property; or

(2)

Chases or approaches a human being upon the street, sidewalks or any public grounds in a vicious or terrorizing manner in an apparent attitude of attack.

Proper enclosure means an enclosure for keeping a dangerous animal or potentially dangerous animal 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 animal from escaping. Any such structure shall have a secure top, and, if the animal is enclosed within a fence, all sides of the fence shall be of sufficient height and the bottom of the fence shall be constructed in such a manner as to prevent the animal's escape from the fence. If the enclosure does not have a floor, the sides of the enclosure shall be embedded in the ground not less than two feet. Any such enclosure shall also provide protection from the elements for the animal.

Public or private animal refuge means harborers of unwanted animals of any breed, including crossbreeds, who provide food, shelter, and confinement for a group of dogs, a group of cats, or a combination of dogs and cats.

Records of appropriate authority. The term "records of appropriate authority" means:

(1)

Records of any state, county or municipal law enforcement agency;

(2)

Records of any county or municipal animal control agency;

(3)

Records of any county board of health;

(4)

Records of any federal, state, or local court;

(5)

Records of a dog control officer as provided in O.C.G.A. § 4-8-22; or

(6)

Records of an animal control officer as provided by this chapter.

Severe injury means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery, or a physical injury that results in death.

Sexually mature animal means any dog or cat that has reached the age of 180 days or six months or more.

Sterilization means the surgical removal of the reproductive organs of a dog or cat in order to render the animal unable to reproduce.

(Ord. No. 276, exh. A(4.10.010), 4-18-2002; Ord. of 9-24-2002, § 2)