§ 4-1. 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:

Adequate food means the provision at suitable intervals, not to exceed 24 hours, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition in each animal. Such foodstuff shall be served in a receptacle, dish, or container that is physically clean and in which agents injurious to health have been removed or destroyed to a practical minimum.

Adequate shelter means any animal restrained outdoors shall be provided with access to adequate shelter to remain dry during rain or snow and protect them from wind, and excessive heat or cold. Shelter size shall be large enough to allow the animal to stand up fully without touching the walls or ceiling and of sufficient width and depth to allow the animal to freely turn around. Sufficient and clean bedding material or other reasonable means of protection from the weather elements shall be provided. When sunlight is likely to cause overheating or suffering, sufficient shade must be provided to allow protection from the direct effects of the sun. The animal's containment area shall be free of accumulated waste and debris so that the animal shall be free to walk or lie down without coming in contact with any waste or debris, and a suitable method of draining shall be provided to eliminate excess water or moisture.

Adequate water means a constant access to supply of clean, fresh water provided in a sanitary manner.

Aggressive animal means any animal that constitutes a physical threat to human beings or other animals by virtue of one or more attacks of such severity to cause property or physical damage. An animal is also considered to be aggressive if it makes unprovoked attacks on animals or on physical property.

Animal means any live vertebrate creature, domestic or wild.

Animal control shall not be understood to be limited in practice, or interpretation, to the extermination of unwanted or deserted animals in the City. In practice it imposes an obligation upon the administrators to also develop and implement an aggressive program promoting responsible pet ownership within the City. The program shall include, but not be limited to:

(1)

The development of an educational program on the need for responsible treatment, ownership, and the need for spaying and neutering of dogs and cats to prevent undesirable and unwanted litters;

(2)

An active, concerted, and responsible adoption program in conjunction with the Newton Humane Society, which might also include an adoption contract between the parties. All revenues collected by the Animal Control Center will be credited to their account by the county to help defray the implementation of these programs. The additional income shall not reduce this department's annual budget.

Animal Control Center means a structure or physical plant that is constructed or renovated specifically to be the center of the county's animal control activities.

Animal Control Officer (ACO) means an individual employed either full- or part-time by the county department of animal control whose authority granted under this chapter is to enforce the provisions of this chapter and other city animal regulations. The ACO shall have the authority to issue citations within the City.

Cat means a domestic cat, of either sex, vaccinated or not vaccinated against rabies, registered or not registered in the City.

County Board of Commissioners means the Board of Commissioners of Newton County, Georgia.

Dangerous dog means any dog that:

(1)

Causes a substantial puncture of a person's skin by teeth without causing serious injury; provided, however, that a nip, scratch, or abrasion shall not be sufficient to classify a dog as dangerous under this definition;

(2)

Aggressively attacks in a manner that causes a person to reasonably believe that the dog posed an imminent threat of serious injury to such person or another person although no such injury occurs; provided, however, that the acts of barking, growling, or showing of teeth by a dog shall not be sufficient to classify a dog as dangerous under this definition; or

(3)

While off the owner's property, kills a pet animal; provided, however, that this subsection shall not apply where the death of such pet animal is caused by a dog that is working or training as a hunting dog, herding dog, or predator control dog.

Director means a full-time Animal Control Officer of the county department of animal control whose duty is to administer and manage the county's animal control program.

Dog means a domestic dog, of either sex, vaccinated or not vaccinated against rabies, registered or not registered in the City.

Dog control officer means the person designated by the City to carry out within the City the duties of dog control officer as provided in the state Responsible Dog Ownership Law, O.C.G.A. § 4-8-20 et seq.

Feral cat means a cat that is born in the wild or is the offspring of an owned or feral cat and is not socialized or a cat that is a formerly owned cat that has been abandoned and is no longer socialized.

Livestock means all animals of the equine, bovine, or swine class, including goats, sheep, mules, horses, hogs, cattle, and other grazing animals.

Neutered means the surgical sterilization of a female animal (ovariohysterectomy or spay) or male animal (architecture or castration).

Owner means any person having a right of property in an animal or any person whom permits an animal to remain on his premises.

Rabies certificate means a certificate of vaccination on a form furnished or approved by the state department of human resources.

Running at large and to run at large means the going upon public or private property by an animal without the owner or person in charge thereof having control over such animal, and includes any animal whatsoever which may be staked, tied or hobbled in any manner as to allow such animal to go or get upon the public streets or sidewalks.

Secure enclosure , with regard to aggressive animals only, means that the aggressive animal is confined indoors or in a securely enclosed and locked pen, fence, or structure suitable to prevent the entry of young children and designed to prevent the dog from escaping. Any such pen or structure shall have secure sides and a secure top, and, if the 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 or secured in such a manner as to prevent the dog's escape from over or from under the fence.

Tethered means and refers to an animal attached to a stationary object by a chain, cable or similar device commonly used for the size and type of animal involved. An animal is not considered tethered when the animal is attached to a stationary object as long as the animal is attended at all times by its owner or custodian and is not a public nuisance.

Under control means an animal controlled by leash when off the property of the owner, or within the property limits of its owner (or another with the permission of the person in control of the property) and confined by fence or other enclosure or restraint (electronic or physical), or accompanied by its owner.

Vaccinate and inoculate mean the injection of a specified dose of antirabic vaccine by a veterinarian or properly supervised animal health technician into the proper site of an animal.

Vaccination tag means a tag furnished or approved by the state department of human resources and the county department of animal control. This tag will certify the year, county, and vaccination number. The tag shall be worn at all times by the vaccinated animal.

Vaccine means an injectable material containing killed or attenuated rabies virus, licensed by the federal department of agriculture, veterinary biologies division and approved by the state department of human resources. Vaccine used for the purpose of immunizing animals against rabies shall be stored at the temperature prescribed on the package label.

Veterinarian means any person duly licensed to practice veterinary medicine in this state.

Veterinary hospital and veterinary clinic means a place where medical and surgical treatment is administered to animals by or under the supervision of a veterinarian.

Vicious dog means a dog that inflicts serious injury on a person or causes serious injury to a person resulting from reasonable attempts to escape from the dog's attack.

Wild animal means and include any mammal, amphibian, reptile, or fowl, which is of a species which is wild by nature, and of a species which, due to size, vicious nature or other characteristic is dangerous to humans. Such animals shall include, but not be limited to lions, tigers, leopards, panthers, bears, wolves, raccoons, skunks, apes, gorillas, monkeys of a species whose average adult size weight is 20 pounds or more, foxes, elephants, rhinoceroses, alligators, crocodiles, and all forms of poisonous reptiles. The term "wild animal" as used in this chapter shall not include gerbils, hamsters, guinea pigs, mice, rabbits, or ferrets.

(Ord. of 4-2-2012(13), § 1(30-101(1)(C)))

State law reference

Similar definitions, O.C.G.A. §§ 4-3-2, 4-8-21, 4-8-41, 4-11-1, 4-11-12.