ANIMALS AND FOWL

SEC. 4.1 Injuring Or Molesting Wild Animals On City Property

1) It shall be unlawful for any person to shoot at, throw objects at or molest in any way whatever, squirrels, rabbits, birds or any other game of any kind in the city parks, playgrounds, waterworks grounds, streets or upon any property whatsoever controlled by the city

2) It shall be unlawful for any person to allow his dogs to run at large in the parks or playgrounds or allow such dogs to molest any of the above mentioned animals and birds in any way.

SEC. 4.3 Commercial Poultry Production

It shall be unlawful for any person to engage in the growing or production of poultry for commercial use in the city. Any person shall maintain in any building or enclosure more than five hundred (500) chickens or other fowl at one time is prima facia guilty and the burden of proof shall be cast upon the one so charged.

SEC. 4.4 Hogs Prohibited

It shall be unlawful for anyone to keep hogs within the city.

SEC. 4.5 Pasturing

It shall be unlawful for any person to pasture any livestock of any character on the streets, lanes or alleys of the city, or tie such stock so they can get on such streets, lanes or alleys, or on the lands of another, without permission.

SEC. 4.6 Livestock At Large-Prohibited; Impounding

It shall be unlawful for any livestock to run at large in the city, off of the property of the owner. Any such animal found at large shall be taken up by any policeman or other designated official, or by any person upon whose land such animal is found trespassing.

SEC. 4.7 Same - Confining Animal; Redemption

All livestock so taken up shall be confined in a pen tobe provided by the city, to be held until the owner complies with the law in reference thereto. The owner of any such animal may reclaim the same by paying the costs and damages. If not reclaimed by the owner the same shall be sold or otherwise disposed of by the city.

SEC. 4.8 Same Record Of Impounding

All livestock so taken up shall be registered by the designated official in a book to be kept for that purpose, in which he shall particurly describe the animal, give the name of the person taking up the same, where and when taken up, and the subsequent proceedings relative to same.

SEC. 4.9 Diseased Animals

It shall be unlawful for any person to keep within the city, any horse or mule with glanders, or to ride any or drive on the public streets any horse or other animal that has glanders or other infectious or contagious disease.

SEC. 4.10 Fastening Horses, etc. to Shade Trees, etc.

It shall be unlawful for any person to fasten any horse, mule, ox, or other animal to any telegraph or telephone post, or any shade tree or fencing around any shade tree, or to any enclosure, public or private, or to any other fencing or fixtures on the streets of the city, except such fixtures as may be established for that purpose.

SEC. 4.11 Slaughtering

It shall be unlawful for any person to carry on or engage in the business of killing or slaughtering any kind of animals within the city.

SEC.4.20 Title

This ordinance will be known as the "City Of Emerson Animal Control Ordinance"

SEC.4.21 Purpose and Intent

The purpose of this article is to provide for the control of stray dogs and cats, dangerous dogs and potentially dangerous dogs, to provide for the investigation of cruelty to animals and to provide for emergency procedures pertaining to sick or injured animals.

SEC. 4.22 Definitions

The following definitions shall apply in the interpretation and enforcement of this ordinance unless otherwise specifically stated:

"Dog"-any dog male or female of pure or mixed breed;

"Cat"-any cat male or female of pure or mixed breed;

"Stray Dog"- any dog which is found off it's owners property without a collar and proof of rabies vaccination or any dog which is not claimed by anyone as owner

"Stray Cat"- any cat which is found off it's owners property without a collar and proof of rabies vaccination or any cat which is not claimed by anyone as owner

"Dangerous Dog"- any dog defined as dangerous by Georgia's "Dangerous Dog Control Law" (Code 1981 4-8-20, enacted by Ga. L.1988, P 824, 2, as amended).

"Potentially dangerous dog"- any dog defined as potentially dangerous by Georgia's "Dangerous Dog Control Law" (Code 1981 4-8-20, enacted by Ga. L.1988, P 824, 2, as amended, and as hereafter may be amended. In addition to the definition of potentially dangerous dog as defined in

Georgia's "Dangerous Dog Control Law" a potentionally dangerous dog shall be defined as any dog that acts in a threatening or aggressive manner towards a person that places said person in reasonable apprehension of immediately receiving a violent injury.

SEC. 4.23 Control Officer

The person designated by this Ordinance as the chief enforcement officer to carry out the provisions of this ordinance.

SEC.4.24 County

Bartow County

SEC. 4.25 Animal Shelter

The Bartow County Animal Shelter where animals are impounded under the terms of this ordinance shall be kept.

SEC. 4.26 Owner

Any natural person or legal entity including but not limited to a corporation, partnership,firm, or trust owning, possessing, harboring,keeping or having custody of an animal.

SEC. 4.27 Governing Authority

The governing authority of the City of Emerson.

SEC. 4.28 Commissoner

The present commissioner of Bartow county and any successors to the present commissioner of Bartow County.

SEC. 4.29 Stray Dogs and Cats

1) No dog or cat shall be allowed to run free upon any property except that of the owner, unless such dog or cat is wearing a collar and a current rabies tag showing that said dog or cat has been inoculated for rabies within one year on any such time as the rabies tag may be checked. Any dog or cat found off it's owners property without a collar and a current rabies tag shall be considered a stray animal and shall be subject to impoundment at the Bartow County Animal Shelter. The owner, if known, of any such animal shall be notified of the impoundment of the animal, and upon payment of all costs associated with the impoundment of the animal, including but not limited to boarding costs, inoculations, and veterinary costs, and an impoundment fee of twenty-five(25)dollars, the animal shall be returned to the owner. Any subsequent violations of this section will result in a fifty dollar fee being added to all the above stated costs and fees.

2) Any dog or cat, regardless of whether such dog or cat is wearing a collar and a rabies tag, found running free and the owner of the dog or cat is not known and cannot be located, shall be considered a stray dog or cat and shall be subject to impoundment as stated above. In all cases the animal control officer will use reasonable diligence in locating the owner to provide notice that such dog or cat has been impounded

3) Any female dog or cat in heat found off it's owners property shall be considered a stray dog or cat and shall be subject to impoundment as stated above.

4) If the owner of a stray dog or cat cannot be located, notice of the impoundment of the dog or cat, listing the location where the dog or cat was found and a general description of the dog or cat shall be posted at the Bartow County courthouse where public notices are posted.

SEC. 4.29 Dangerous Dogs/Potentially Dangerous Dogs

Any dangerous dog or potentially dangerous dog shall be subject to impoundment as provided for by the Georgia law and the provisions of Georgia's Dangerous Dog Control Law are adopted and made a part of this Ordinance.

SEC. 4.31 Investigations of Complaints Pertaining to Animals

1) Cruelty to Animals: Complaints pertaining to cruelty to animals shall be investigated by the Animal Control Officer. Such investigation shall be limited to the interviews with the complainant, residents in the area, and with the animal owner. If, after such investigation, the Animal Control Officer deems it appropriate, a report to the Sheriff's Department of the City of Emerson Police Department shall be made. Further investigation may be made by the appropriate Sheriff's Department officials or such other law enforcement agencies and any prosecution of an owner for cruelty shall be done by such Sheriff's Department officials or other law enforcement officials.

2) Stray dogs or cats: Complaints pertaining to stray dogs or cats shall be investigated in the same manner as set forth in Section 4.31(1) above, except that in matters pertaining to stray dogs and cats, the matter shall not be refered to the Sheriff's Department or Emerson Police Department, but shall instead be handled in a manner consistent with the remaining procedures set forth in this Ordinance pertaining to stray dogs or cats.

SEC. 4.32 Emergencies Involving Animals

Sick or Injured animals: In any situation deemed appropriate by the Animal Control Officer, involving a sick or injured animal whose owner cannot be located and the condition of such animal is such that death or great suffering to the animal is likely, the Animal Control Officer may take custody of such animal. The owner of such animal shall be responsible for reimbursement of all expenses related to treatment and boarding or the animal. If the owner does not agree to pay said expenses, the owner may appeal to the animal control board in the same manner as set forth in Section 4.36, Appeals of cost and fees.

2) Humane Destruction of Sick or Injured Animals: Any sick or injured animal, deemed by a licensed veterinarian to be suffering, to such and extent that the humane destruction of the animal is appropriate, and the owner of the animal cannot be located, shall be responsible for the reimbursement for all expenses involving boarding, treatment and destruction of any such animal.If the owner does not agree to pay said expenses, the owner may appeal to the animal control board in the same manner as set forth in Section 4.36, Appeals of cost and fees.

3) Contagious Animals: Any animal impounded by the Animal Control Officer that is, in the opinion of a licensed veterinarian, infected with a disease likely to cause death or great suffering to the animal, and which will likely spread to other animals, shall be isolated and the owner of such animal shall be notified. If the owner cannot be located or the owner fails to take immediate steps to remove the animal from impoundment, the infected animal shall be responsible for all expenses related to the animal. If the owner does not agree to pay for said expenses, the owner may appeal to the animal control board in the same manner as set forth in Section 4.36, Appeals of cost and fees.

SEC. 4.33 Animal Control Officer for the City

The director of the County's animal shelter shall be designated as the Animal Control Officer for the city, In the absence of the director the Assistant Animal Control director shall act as the Animal Control Officer for the city.

SEC. 4.34 Animal Control Board

Bartow County shall designate three persons to serve as members of the county's Animal Control Board. The Animal Control Board shall conduct hearings when requested by the owner of a dog which has been classified as a dangerous dog or a potentially dangerous dog under Georgia's Dangerous Dog Control Law or in disputes involving the impoundment of a cat or dog by the county's Animal Control Officer, and in disputes as to costs and fees.

SEC. 4.35 Unclaimed Dogs and Cats

After ten days, any dog or cat unclaimed by it's owner, after such owner has been notified of the impoundment of such dog or cat and after all requirements of notification under this Ordinance have been met where the owner is not known, shall be placed for adoption or humanely put to death (euthanasia).

Appeals of Cost and Fees

1) Any owner who claims an impounded dog or cat, but fails or refuses to pay the fees and costs required by the Ordinance of the county, may file an appeal with the Animal Control Board created by section 4.24 of this ordinance. The county shall provide forms for such appeals. any such appeal must be filed with the Animal Control Officer within five days from the notice of impoundment of any such animal. The animal Control Board shall conduct a hearing on such owner's appeal within ten days of the filing of such appeal. The decision of the Animal Control Board is final.

2) If the decision of the Animal Control board is adverse to the dog's or cat's owner, the owner must immediately pay all cost and fees in dispute plus all additional cost of boarding such dog or cat up to the time of the decision. Failure or refusal by the owner to pay such fees and costs will result in his dog or cat being placed for adoption or humanely put to death (euthanasia) within twenty days of the Board's decision.

3) Failure or refusal by the owner to pay such fees and costs will result in his dog or cat being placed for adoption or humanely put to death (euthanasia) within twenty days from the last day for filing for an appeal.

SEC. 4.37 Participating Municipalities

The City of Emerson, by adoption hereof, intends to participate in the joint animal control program with the county and hereby adopts as minimum requirements those as contained in the Ordinance of Bartow County and further acknowledges the requirement of funding said program for the City of Emerson's share of operational expenses of the animal control program and animal control shelter on a per capita basis, based upon the 1980 census and adjusted after each subsequent census

SEC. 4.38 Unconstitutionality

Should any section, paragraph, sentence,clause, or phrase of this regulation be declared unconstitutional or invalid for any reason, the remainder of said regulation shall not be affected thereby.

SEC. 4.39 Repel and Date of Effect

All ordinances or parts of ordinances in conflict with this one are hereby repealed, and this Ordinance shall be in full force and in effect upon it's adoption. (Ord. of December 11,1989).