§ 4-90. Livestock and fowl.

(a)

Keeping generally; maximum number of animals allowed. Horses, cows, ponies, donkeys, and other domestic livestock may be kept, raised or bred for home use and enjoyment, provided that only one such animal shall be permitted for each two acres of land area, and shall be adequately contained by fence within that property. Ducks, quail, chickens, turkeys, pigeons, pheasants, and other fowl, may be raised for home use provided such fowl are adequately contained within the property. The keeping of fowl is limited to five birds per acre.

(b)

Tethering restricted. It is unlawful for any person to stake, tie or hobble any animal whatsoever on any land of which he is not the owner, to obstruct any street or sidewalk by hitching or staking out any animal or to permit any animal to be so hitched or staked out that it can go upon or across any street or sidewalk, to tie or fasten any animal to any tree, or box around any tree, planted or growing in any street or public place, or to a fence or lamppost which is the property of another, without such other person's consent therefor.

(c)

Running at large prohibited and declared nuisance. The running at large of horses, mules, other Equidae, cattle, sheep, goats, hogs, domestic rabbits, or domestic fowl, or ostrich and emu, or other animals within the limits of the City is hereby declared a nuisance and is unlawful for the owner or keeper of any such animal or fowl to permit the same to run at large within the City.

(d)

Impoundment authorized. It shall be the duty of the director or director's designee to take up and take charge of all horses, mules, other Equidae, cattle, sheep, goats and hogs found running at large within the City, and to capture or contract to capture and take such animals to the Animal Control Center or other designated place, there to be impounded and detained for a period in accordance with state law.

(e)

Redemption of impounded livestock. The owner shall be responsible for the impoundment and boarding fees in accordance with a fee schedule approved by the Mayor and City Council of the City, as well as any reasonable fees for veterinary care and hauling.

(f)

Destruction of animals not claimed or sold. If, at the time of the sale of any livestock under the provisions of state law and this chapter, the owner has not redeemed the same in accord with state law and this chapter, and no purchaser can be found for the animal, the director or director's designee shall cause such animal to be humanely destroyed, and shall deposit the carcass in such place as may be designated for such matter.

(g)

Unauthorized impoundment and finder's rewards prohibited; exceptions. It is unlawful for any person, other than a duly appointed and qualified law enforcement officer of the county or any authorized employee of the director, or humane organizations approved by the director to engage in the impounding of animals. The foregoing restriction shall not apply to stray animals temporarily contained or impounded until the animal's owner can be located and notified. No reward shall be given for impounding, and any officer authorized to impound animals detected in offering a reward of any kind whatsoever to any person to impound such animals shall be deemed guilty of an offense.

(h)

Destruction of sick or injured animals. When from any cause it may happen that any horse, mule, cow, steer, goat, sheep, dog, cat or other animal within the limits of the City shall be so wounded, maimed or injured as to render its recovery hopeless, then it shall be the duty of the director, or designated Animal Control Officer, to cause it to be humanely destroyed as soon after such injury as possible, and to cause the carcass thereof to be removed to such place as may be set apart for such matter. When the director has cause to humanely destroy any animal under this section, it shall become his duty to at once file a report in writing of such destruction, and such report shall show:

(1)

A description of the animal destroyed, and the name of the owner thereof if known;

(2)

The injury which made destruction necessary, and how same was inflicted, and by whom, if known;

(3)

The names of at least two reliable witnesses, who are conversant with the facts of the injury and the destruction;

(4)

A description of the injury from a veterinarian, if available.

(Ord. of 4-2-2012(13), § 1(30-101(7)))

State law reference

Livestock running at large, O.C.G.A. § 4-3-1 et seq.; disposal of impounded livestock, O.C.G.A. § 4-3-7.