BARROW COUNTY GEORGIA

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Derrick Richardson
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1 BARROW COUNTY GEORGIA ORDINANCE NUMBER AN ORDINANCE BY THE BOARD OF COMMISSIONERS OF BARROW COUNTY An Ordinnce of the Brrow County Bord of Commissioners to Amend the Brrow County Animl Control Ordinnce s it pertins to Dngerous Dogs nd Vicious Dogs to Promote the Pulic Helth Sfety nd Welfre nd for other relted purposes WHEREAS the Constitution of the Stte of Georgi pproved y the voters of the Stte in Novemer of 1982 nd effective July provides in Article IX Section II Prgrph I thereof tht the governing uthority of the county my dopt clerly resonle ordinnces resolutions nd regultions nd WHEREAS O C G A S uthorizes counties to enct ordinnces for protecting nd preserving the pulic helth sfety nd welfre of the popultion of the unincorported res ofthe County nd WHEREAS the governing uthority of Brrow County to wit the Bord of Commissioners desires to exercise its uthority in dopting this Ordinnce nd WHEREAS the Bord of Commissioners of Brrow County previously dopted n ordinnce regulting niml control which is codified s Chpter 14 ofthe Brrow County Code of Ordinnces nd Bill 685 nd WHEREAS the Georgi Generl Assemly in 2012 hs dopted in the form of House chnges to the stte sttutes regrding regultion of dngerous dogs nd vicious dogs WHEREAS the Bord consequently finds tht it is in the pulic interest to modify the existing Chpter 14 of the Brrow County Code of Ordinnces to render it consistent with the ove referenced chnges under stte lw NOW THEREFORE BE IT ORDAINED AND RESOLVED y the Bord of Commissioners of Brrow County Georgi nd it is herey encted pursunt to the uthority of sme tht Chpter 14 of the Brrow County Code hereinfter sometimes referenced s the Animl Control Ordinnce is herey modified s follows L The Code Brrow County Code of Ordinnces Chpter 14 Article II Division I Section 1

2 14 31 shll e mended y modifying the defined term fence to red s follows Sec Definitions The following words terms nd phrses when used in this rticle shll hve the menings scried to them in this section except where the context clerly indictes different mening Fence mens structure of wire wood stone or other mterils including invisile fencing which is of sufficient height nd strength to ct s rrier ginst the pssge of the niml it is intended to enclose 1 A fence does not include n invisile fence if the fence is c Turned off or the niml is not wering properly operting signling device Ineffective for ny niml tht hs lerned it cn cross the fence line Intended to e mens of keeping people re or or nimls out of n enclosed d Buried in or djcent to municipl or county right of wy 2 An invisile fence is not n cceptle mens of control for n niml tht is clssified s vicious or dngerous or is in estrus het 2 The Brrow County Code of Ordinnces Chpter 14 Article II Division IV shll e mended in its entirety to red s follows Sec Definitions The following words terms nd phrses when used in this division shll hve the menings scried to them in this section except where the context clerly indictes different mening Animl control officer mens n niml control officer s estlished in section who shll id in the dministrtion nd enforcement of the provisions of this division nd who shll serve s dog control officers for purposes of rticle IV of this division s contemplted y Title 4 Chpter 8 Article 2 of the Officil Code of Georgi Bord mens the niml control ord Clssified dog mens ny dog tht hs een clssified s either dngerous dog or vicious dog pursunt to this division 2

3 Dngerous dog mens ny dog tht 1 Cuses sustntil puncture of person s skin y cusing serious injury provided however tht nip teeth without scrtch or rsion shll not e sufficient to clssify dog s dngerous under this suprgrph 2 Aggressively ttcks in mnner tht cuses person to resonly elieve tht the dog posed n imminent thret of serious injury to such person or nother person lthough no such injury occurs provided however tht the cts of rking growling or showing of teeth y dog shll not e sufficient to clssify dog s dngerous under this suprgrph or 3 While off the owner s property kills pet niml provided however tht this suprgrph shll not pply where the deth of such pet niml is cused y dog tht is working or trining s hunting dog herding dog or predtor control dog Owner mens ny nturl person or ny legl entity including ut not limited to corportion prtnership firm or trust owning possessing hroring keeping or hving custody or control of dngerous dog or vicious dog within the county In the cse of dog owned y minor the term owner includes the prents or person in loco prentis with the custody ofthe minor Proper enclosure mens n enclosure for keeping dngerous dog vicious dog or vicious niml securely confined indoors or in securely enclosed nd locked pen fence or structure suitle to prevent the entry of nother niml or person other thn the owner or cretker The enclosure must 1 Be designed to prevent the niml from escping nd If the enclosure is fence the fence must e high enough to keep the niml from climing over nd must e secured t the ottom to keep the niml from digging under If the enclosure is pen or structure other thn fence the pen or structure must hve secure sides top nd ottom constructed or secured in such mnner to prevent the niml s escpe nd e of height nd strength niml within it 2 Must provide dequte shelter 3 Must provide dequte spce for the niml to mintin the Serious injury mens ny physicl injury tht cretes sustntil risk of deth results in deth roken or dislocted ones lcertions requiring multiple sutures or disfiguring vulsions requires plstic surgery or dmission to or hospitl results in protrcted impirment of helth including trnsmission of n infection or contgious disese or impirment of the function of ny odily orgn 3

4 Vicious dog mens dog tht inflicts serious injury on person or cuses serious injury to person resulting from resonle ttempts to escpe from the dog s ttck Sec Exceptions The terms dngerous dog nd vicious dog s used in this division shll not include the following 1 Actions tht occur while dog is eing used y lw enforcement or militry officer to crry out the lw enforcement or officil duties nd militry officer s 2 A dog tht inflicts n injury within the mening of this division if the injury ws sustined y person who t the time ws committing willful trespss or other tort ws tormenting using or ssulting the dog or hd in the pst een oserved or reported to hve tormented used or ssulted the dog or ws committing or ttempting to commit crime including ut not limited to n offense under Title 16 Chpter 5 of the Officil Code of Georgi Sec Penlties confisction of dngerous dogs The owner of vicious dog who violtes the pplicle provisions of section or section or whose vicious dog is suj ect to confisction under susection shll e guilty of misdemenor of high nd ggrvted nture In ddition to ny confinement tht might e imposed for conviction under this susection for the second conviction fine of not less thn shll e imposed nd for third or susequent conviction fine of not less thn shll e imposed The owner of dngerous dog who violtes the pplicle provisions of section or section or whose dngerous dog is suject to confisction under susection shll e guilty of misdemenor In ddition to ny confinement tht might e imposed for conviction under this susection for second conviction fine of not less thn shll e imposed nd for third or susequent conviction fine of not less thn shll e imposed c In ddition to the penlties for violtions under susection c or d of this section the vicious dog involved shll e immeditely confiscted y the niml control officer or y lw enforcement officer or nother person uthorized y the niml control officer nd plced in qurntine for the proper length of time s determined y the county ord of helth nd therefter the vicious dog shll e destroyed in n expeditious nd humne mnner Sec A Applicility of new clssifictions Any dog clssified prior to July s potentilly dngerous dog stte shll on nd fter tht dte e clssified s dngerous dog 4 in this under this

5 division Any dog clssified prior to July s dngerous dog or vicious dog in this stte shll on nd fter tht dte e clssified s vicious dog under this division The owner of ny dog referred to in susection ofthis section shll come into complince with ll current provisions ofthis division y Jnury Sec Animl control ord There is creted nd estlished n niml control ord The purpose of the ord shll e to conduct herings s provided for in section The ord shll consist of three memers All memers shll e ppointed y the ord of commissioners The terms shll e for two yers c d No memer ofthe ord shll prticipte in hering on ny mtter in which such memer previously prticipted in the clssifiction ofthe dog t issue In the event of vcncy during the term of ny memer y reson of deth resigntion or otherwise the ppointment of successor y commissioners shll e for the reminder of the unexpired term ofsuch memer the ord of Sec Enforcement officer The ord of commissioners shll ppoint n niml control officer who shll serve t the plesure of the ord of commissioners The niml control officer s compenstion shll e estlished from time to time y the ord of commissioners Sec notice to owner hering Procedure for clssifying dngerous dogs nd vicious dngerous dogs The niml control officer upon receiving report of dog elieved to e suject to clssifiction s dngerous dog or vicious dog within the county shll mke such investigtions s necessry to determine whether the dog is suject to clssifiction s dngerous dog or vicious dog Should the niml control officer determine tht dog is suject to clssifiction s dngerous or vicious dog the niml control officer shll clssify such dog ccordingly The niml control officer shll then within 72 hours of such determintion notify the dog s owner of such clssifiction The notice to the owner shll meet the following requirements 1 The notice shll e in writing nd miled y certified mil to the owner s lst known ddress 2 The notice shll include summry of the niml control officer s determintion 3 The notice shll e dted nd shll stte tht the owner within 15 dys fter the dte shown on the notice hs right to request on hering the niml control officer s determintion tht the dog is dngerous dog or vicious dog 5

6 4 The notice shll stte tht the hering if requested shll e efore the niml control ord 5 The notice shll stte tht if hering is not requested within the llotted time the niml control officer s determintion tht the dog is dngerous dog or vicious dog will ecome effective for ll purposes under this division nd 6 The notice shll include form to request hering efore the niml c d control ord nd shll provide specific instructions on delivering such request to the ord miling or When the niml control ord receives request for hering s provided in susection of this section it shll schedule such hering within 30 dys fter receiving the request provided however tht such hering my e continued y the niml control ord for good cuse shown The ord shll notify the dog owner in writing y certified mil of the dte time nd plce of the hering e miled to the owner t lest ten dys prior to the dte of the hering Such notice shll At the hering the owner of the dog shll e given the opportunity to testify nd present evidence In ddition the ord shll receive t the hering such other evidence nd her such other testimony s the ord my find resonly necessry modify or overrule the niml control officer s clssifiction ofthe dog to sustin Within ten dys fter the dte ofthe hering the niml control ord shll notify the dog owner in writing y certified mil of its determintion on the mtter If such determintion is tht the dog is dngerous dog or vicious dog the notice shll specify the dte upon which tht determintion is effective If the determintion is tht the dog is to e euthnized pursunt to susection e elow the notice shll e specify the dte y which the euthnsi shll occur A dog tht is found fter notice nd opportunity for hering s provided in this section to hve cused serious injury to humn on more thn one occsion shll e euthnized provided however tht no injury occurring efore July 1 count for purposes ofthis susection 2012 shll Sec Registrtion of dngerous dogs nd vicious dngerous dogs owner duties of It shll e unlwful for ny person to hve or possess within the county clssified dog without certificte of registrtion issued in ccordnce with the provisions of this division Certifictes of registrtion shll e nontrnsferle nd shll only e issued to person 18 yers of ge or older No more thn one certificte of registrtion shll e issued per domicile No certificte of registrtion shll e issued to ny person who hs een convicted of two or more violtions ofthis division No person shll e the owner ofmore thn one vicious dog No certificte of registrtion for vicious dog shll e issued to ny person or to ny person residing with such person who hs een convicted from the time of conviction until two yers fter completion ofhis or her sentence of 6

7 1 A serious violent felony s defined in c G A S The felony of dog fighting s provided for in c G A S or the felony of ggrvted cruelty to nimls s provided for in c G A S or 3 A felony involving trfficking in cocine illegl drugs mrijun methmphetmine or ecstsy s provided for in C G A S The niml control officer shll issue certificte of registrtion to the owner of dngerous dog or vicious dog if the owner presents to the niml control officer or the niml control officer otherwise finds sufficient evidence of 1 A proper enclosure to confine the dngerous dog or vicious dog nd 2 The posting t ll entrnces to the premises where the dngerous dog or vicious dog is locted with t lest two 2 clerly visile signs wrning tht there is dngerous dog on the property The owner of dngerous dog or vicious dog shll receive such signs from the niml control officer t the time the owner pys the nnul registrtion fee s required in susection d of this section c In ddition to the requirements of susection of this section the owner of vicious dog shll present to the niml control officer evidence of 1 A generl or specific policy of liility insurnce in the mount of t lest issued y n insurer uthorized to trnsct usiness in this stte insuring the owner of the vicious dog ginst liility for ny odily injury or property dmge cused y the vicious dog nd 2 A microchip contining n identifiction numer nd cple of eing scnned injected under the skin etween the shoulder ldes of the dog d Certifictes of registrtion shll e renewed on n nnul sis At the time of renewl of certificte of registrtion for vicious dog the niml control officer shll verify tht the owner is continuing to comply with provisions Filure to renew certificte of registrtion within ten dys initil clssifiction dte shll constitute violtion of this division of this division of the renewl dte or The owner of clssified dog shll py n nnul registrtion fee t the time the nnul certificte of registrtion is issued The nnul registrtion fee shll e in n mount estlished nd mended from time to time y the niml control director upon the written pprovl ofthe chirmn of the ord of commissioners provided however tht the mount of such fees shll e presented within the nnul udget pproved y the ord of commissioners In the event tht the position of niml control director is vcnt the mount of the fee my e estlished nd mended from time to time y the chirmn of the ord of commissioners provided however tht the mount of such fees shll e presented within the nnul udget pproved y the ord of commissioners initil registrtion Certifictes of registrtion shll e renewed in the month of the e The owner of clssified dog shll notify the niml control officer if the niml is moving to different ddress f The owner of similrly clssified dog who is new resident of the stte shll register such dog s required y this division within 30 dys fter ecoming 7

8 resident of the stte nd the county g h The owner of clssified dog who moves to the county from ny other county within the stte shll register such dog s required y this division within ten dys fter ecoming resident of the county The owner of clssified dog shll notify the niml control officer within 24 hours if the dog is on the loose is unconfined hs ttcked humn hs died or hs een sold or donted If dngerous dog hs een sold or donted the owner shll lso provide the niml control officer with the nme ddress nd telephone numer of A vicious dog shll not e trnsferred sold or donted to the new owner of the dog ny other person unless it is relinquished to governmentl fcility e euthnized or veterinrin to Sec Restrint nd muzzling of dogs Vicious dogs It shll e unlwful for n owner of vicious dog to permit the dog to e outside of proper enclosure unless the dog is muzzled nd restrined y sustntil lesh not to exceed six feet in length nd is under the immedite physicl control of responsile person cple of preventing the dog from engging ny other humn or niml when necessry or is contined in closed nd locked cge or crte The muzzle shll e mde in mnner tht will prevent the dog from iting ny person ut not cuse injury to the dog or interfere with its vision or respirtion the dog to e unttended with minors It shll e unlwful for the owner of vicious dog to permit Dngerous dogs It shll e unlwful for the owner of dngerous dog to permit the dog to e outside proper enclosure unless the dog is restrined y sustntil lesh not to exceed six feet in length nd is under the immedite physicl control of responsile person cple of preventing the dog from engging ny other humn or niml when necessry or is contined in closed nd locked cge or crte This susection shll not prohiit dngerous dog from working or trining s hunting dog herding dog or predtor control dog Sec Confisction of dogs Clssified dogs A clssified dog shll e immeditely confiscted y the niml control officer or y lw enforcement officer or y nother person uthorized y the niml control officer in the cse of ny violtion of this division A refusl to surrender dog suject to clssifiction shll e violtion ofthis division Disposition of confiscted dogs Any dog provisions of susection shll e returned to its owner upon complince with the provisions of this division s determined y officer nd upon pyment of resonle confisction nd housing costs tht hs een confiscted under the the owner s the niml control All fines nd chrges for services performed y lw enforcement or niml control officer shll e pid prior to owner recovery of the dog Criminl prosecution shll not e styed due to owner recovery or euthnsi of the dog If the owner hs not 8

9 complied with the provisions of this section within 20 dys of the dte the dog ws confiscted the dog shll e destroyed in n expeditious nd humne mnner nd the owner my e required to py the costs of housing nd euthnsi c A lw enforcement officer or niml control officer shll immeditely impound dog if the officer elieves the dog poses thret to the pulic sfety 3 SEVERABILITY It is the express intent ofthe Brrow County Bord of Commissioners tht this Ordinnce e consistent with oth federl nd Stte lw If ny provision of this Ordinnce or the ppliction thereof to ny person or circumstnces is held invlid such invlidity shll not ffect other provisions or pplictions ofthe Ordinnce which cn e given effect without the invlid provision or ppliction nd to this end the provisions ofthis Ordinnce re declred severle 4 CONFLICTING ORDINANCES REPEALED All ordinnces nd provisions ofthe Code which conflict with ny prt re herey repeled ofthis Ordinnce 5 EFFECTIVE DATE This Ordinnce shll ecome effective immeditely upon pssge PASSED AND ADOPTED THIS II DAY OF De cein tr 2012 the pulic helth sfety nd welfre demnding it BARROW COUNTY BOARD OF COMMISSIONERS AD t Dniel Yerwood Jr Chirmn SIGNATURES CONTINUED ON THE FOLLOWING PAGE 9

10 VU Ev S Elder Memer Stev j rley Memer er j1f9 J Bd6i d Ben Hendrix Memer Attest Vl J Michelle Sims County Clerk 10

September 25, Glynn County Board of Commissioners. Matt Doering, Chief of Police

September 25, Glynn County Board of Commissioners. Matt Doering, Chief of Police Glynn County Police Department 157 Public Safety Boulevard Dispatch (912) 554-3645 Brunswick, Georgia 31525 Administration (912) 554-7800 www.police.glynncounty-ga.org Fax (912) 554-7885 September 25,