§ 8-34. Animal neglect, cruelty to animals; fighting animals.

No person shall by act, omission or neglect cause unjustifiable physical pain, suffering or death to any domestic animal. This section shall not apply to the killing of animals raised for the purpose of providing food nor does it apply to any person who shall hunt wild animals in compliance with the game and fish laws of the State of Georgia. Furthermore, this section shall not apply to the killing or injuring of animals for humane purposes or in the furtherance of medical or scientific research or in the necessary defense of one's person or personal property.

(1)

Whoever willfully or purposefully kills, abuses, maims or disfigures any domestic animal or willfully or maliciously administers poison to an animal or exposes any poisonous substance with intent that the substance shall be taken and swallowed by a domestic animal shall be in violation of this article. Cropping, docking and dew claw removal performed by a veterinarian shall not be considered maiming or disfiguring.

(2)

Whoever overloads, overdrives, tortures, torments or deprives a domestic animal of adequate food or beats, mutilates, hobbles or kills any animal or causes such acts to be done, or carries in or upon a vehicle or otherwise any domestic animal in a cruel or inhumane manner, shall be deemed in violation of this article. This section shall not prohibit the hobbling of a domestic animal for legitimate training or approved medical care purposes.

(3)

Whoever confines a domestic animal and fails to supply adequate food, adequate water, sanitary conditions, necessary vet care, fails to provide the domestic animal with access to adequate space, or causes unnecessary suffering or abandons any domestic animal shall be deemed in violation of this article.

(4)

No person shall:

a.

Own, possess, keep, train or transport any domestic animal with the intent that such animal shall be engaged in an exhibition of unlawful fighting.

b.

For amusement or gain, cause any dog to fight with another dog or for amusement or gain, cause any dogs to injure each other;

c.

Wager money or anything of value on the result of such dog fighting;

d.

Knowingly permits any act in violation of paragraph a. or b. of this subsection on any premises under the ownership or control of such person or knowingly aids or abets any such act; or

e.

Knowingly promotes or advertises an exhibition of fighting with another dog shall be guilty of a felony and, upon the first conviction thereof, shall be punished by imprisonment of not less than one nor more than five years, a fine of not less than $5,000.00, or both such fine and imprisonment. On a second or subsequent conviction, such person shall be punished by imprisonment of not less than one nor more than ten years, a fine of not less than $15,000.00, or both such fine and imprisonment. Each act or omission in violation of this subsection shall constitute a separate offense.

f.

Any person who is knowingly present only as a spectator at any place for the fighting of dogs shall, upon a first conviction thereof, be guilty of a misdemeanor of a high and aggravated nature. On a second conviction, such person shall be guilty of a felony and shall be punished by imprisonment of not less than one nor more than five years, a fine of not less than $5,000.00, or both such fine and imprisonment. On a third or subsequent conviction, such person shall be punished by imprisonment of not less than one nor more than ten years, a fine of not less than $15,000.00, or both such fine and imprisonment. Each act in violation of this subsection shall constitute a separate offense.

(5)

Any dog subject to fighting may be impounded pursuant to the provisions of O.C.G.A. §§ 4-11-9.2 through 4-11-9.6.

(6)

This Code section shall not prohibit, impede, or otherwise interfere with animal husbandry, training techniques, competition, events, shows, or practices not otherwise specifically prohibited by law and shall not apply to the following activities:

(7)

Any animal control officer may impound any animal that has been treated in a cruel or neglectful manner.

(8)

No person shall perform a cruel act on any dog; nor shall any person harm, maim, or kill any dog, or attempt to do so, except that a person may:

a.

Defend his or her person or property, or the person or property of another, from injury or damage being caused by a dog; or

b.

Kill any dog causing injury or damage to any livestock, poultry, or pet animal.

c.

The method used for killing the dog shall be designed to be as humane as is possible under the circumstances. A person who humanely kills a dog under the circumstances shall incur no liability for such death.

d.

This Code section shall not be construed to limit in any way the authority or duty of any law enforcement officer, dog or rabies control officer, humane society, or veterinarian.

(9)

Mandatory reporting—Veterinarian. Any veterinarian in this county who is presented with an animal for treatment of injuries or wounds resulting from the reasonable possibility of fighting, abuse or neglect shall file a report with the animal control department and cooperate by furnishing the owner's name, address, contact information, dates, description of animal(s) involved and medical information with regards to the incident. Any veterinarian who in good faith makes a report, as required by this section, shall have immunity from any liability, civil or criminal, that otherwise might result by reason of such actions. For the purposes of any proceedings, civil or criminal, the good faith of any such veterinarian shall be presumed.

(10)

Expenses for treatment of diseased or injured animals. An owner who reclaims or redeems an animal which has been treated for disease and/or injury while in possession of the animal control facility, prior to release of the animal to the owners, is required to reimburse Habersham County Animal Care and Control. Should the owner reimburse the treating veterinarian for such treatment, the owner must provide Habersham County Animal Care and Control with a receipt of such payment before the animal is released to the owner. The payment for the expenses incurred in the treatment of such animals is in additional to the redemption/reclaim fees assessed, which are required to be paid to Habersham County Animal Care and Control.

(Ord. No. 09-16-03, § 1, 10-4-2016)