§ 5-3. Definitions.

When used in this chapter, the following words, terms and phrases, and their derivations shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned means to leave an animal with no intent to continue to provide care or shelter for the animal, or no intent to return and reclaim the animal. Intent to abandon can be inferred if an animal is left unattended for more than twenty-four (24) hours.

Adequate food and water means food and water which is sufficient in amount and appropriate for the particular type of animal to prevent starvation, dehydration, or a significant risk to the animal's health from a lack of food or water.

Animal means any live creature, both domestic and wild, except humans. "Animal" also includes fowl, fish and reptiles.

Animal control means the Animal Control of the City of Cartersville.

Animal control officer or animal control officer(s) means the Animal Control Officer of the City of Cartersville as appointed by the chief of police or entity designated by agreement with the City of Cartersville to enforce the ordinance from which this chapter derives and provide the sources related herein.

Animal shelter means the Bartow County Animal Shelter or other facility operated by a government entity, where animals impounded under the terms of this chapter shall be kept.

Animal shelter, private means any facility operated for the purpose of harboring stray, homeless, abandoned or unwanted dogs, cats, and other animals, which facility is operated, owned or maintained by a duly incorporated humane society, animal welfare society, or other nonprofit organization for the purpose of providing for and promoting the welfare, protection and humane treatment of animals. Private animal shelter also means a facility for the care and keeping of animals, rehabilitation of animals, or for providing other treatment and humane care to animals, without fee or compensation or not on a commercial basis. Operation of a veterinary hospital or clinic by a licensed veterinarian shall not constitute a private animal shelter.

Anti-climbing device means angle metal braces at least twelve (12) inches long, securely attached to the top of a fence with at least three (3) strands of equally separated barbed wire stretched between them. All anti-climbing devices shall extend inward at an angle of not less than forty-five (45) degrees nor more than ninety (90) degrees when measured from the perpendicular. Other designs may be approved by the animal control director.

At large means that an animal is off the premises of the owner, and not on a leash or otherwise under the immediate control of a person physically capable of restraining the animal.

Building means any structure intended for shelter, housing, or enclosure of persons, animals, chattels or property, and usually having a roof supported by columns or by walls.

Cat means any domestic cat (felis domesticus), male or female, of pure or mixed breed.

Chicken coop means any structure, building, shelter or other facility for raising, feeding, sheltering or maintaining chickens, or similar birds, containing twenty (20) or less chickens. A chicken coop is not a "major livestock enclosure" as long as it contains only twenty (20) or less chickens.

City means the City of Cartersville, Georgia.

City council means the Mayor and City Council of the City of Cartersville.

Classified dog means any dog that has been classified as dangerous or vicious under this chapter.

Contagious disease means any sort of illness, sickness, virus or infection that is communicable to other persons or animals.

Custodian means a person in whose care or supervision an animal is placed. It shall also mean any person who cares for a stray dog or cat or abandoned animal.

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 paragraph;

(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 paragraph; or

(3)

While off the owner's property, kills a pet animal; provided, however, that this paragraph 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.

Disposition means adoption, quarantine, voluntary or involuntary custodianship or placement, or euthanasia humanely administered to an animal in accordance with O.C.G.A. § 4-11-5.1. "Disposition" also includes placement or sale of an animal to the general public.

Dog means any domestic dog (canis familiaris), male or female, of pure or mixed breed.

Domestic animal means dogs, cats, domesticated sheep, horses, cattle, goats, swine, fowl, ducks, geese, chickens, turkeys, confined domestic hares and rabbits, pheasants, and other birds and animals raised and/or maintained in confinement.

Enclosure means a pen or other structure designed to hold an animal and capable of preventing the animal enclosed from escaping the boundaries of the enclosure.

Enclosure, secure or secure enclosure means an enclosure for keeping a dangerous dog or potentially dangerous dog while on the owner's property securely 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 pen or structure shall have secure sides and a secure top. Any pen, structure or fenced area shall be lockable by a keyed or combination lock. If the dog is enclosed within a fence, the bottom of the fence shall be secured to the ground in such a manner as to prevent the dog's escape. The fence shall be topped with anti-climbing devices sufficient to prevent the dog from escaping over the top, or the enclosure shall have a secure top. The fence shall be a minimum of six feet high for any dog exceeding twenty-three (23) inches in height, and shall be a minimum of four (4) feet high for any other dog. Any secure enclosure shall also provide protection from the elements for the dog.

Equine means any member of the Equidae species, including horses, mules, and asses.

Exotic animal means any live alligator, crocodile, cayman, fox, bear, sea mammal, poisonous snake, member of the feline species other than domestic cat (felis domesticus), member of the canine species other than domestic dog (canis familiaris) or any other animal that would require a standard of care and control greater than that required for customary domestic animals or household pets sold by commercial pet shops, or required for traditional farm animals. "Exotic animal" also means those animals as defined in O.C.G.A. tit. 27, ch. 5.

Governing authority means the governing authority of the City of Cartersville.

Guard or attack dog means a dog trained to attack on command or to protect persons or property, and who will cease to attack upon command.

Humane care means, but is not limited to, the provision of adequate heat, ventilation, sanitary shelter, sufficient wholesome and adequate food and water, consistent with the normal requirements and feeding habits of the animal's size, species, and breed, veterinary care needed to prevent suffering and prevent or treat disease, and any other treatment needed to prevent suffering.

Impoundment means the taking into custody of an animal by any law enforcement officer, animal control officer, or any authorized representative thereof.

Kennel means any establishment, other than an animal shelter, where dogs or cats are maintained for boarding, holding, training, breeding, or similar purposes for a fee or compensation. Operation of a veterinary hospital or clinic by a licensed veterinarian shall not constitute a kennel. See section 5-9.

Litter means the offspring at one birth of an animal.

Livestock means all animals of the equine (family: Equidae), bovine (family: Bovidae), or swine (family: Suidae) type (or similar animals), including but not limited to, goats, sheep, mules, horses, hogs, pigs, and cattle; all poultry, including chickens, roosters, hens and similar birds; other birds raised or kept such as pigeons; other grazing animals; all ratites, including, but not limited to, ostriches, emus, and rheas; nontraditional livestock including, but not limited to, bison, deer, buffalo, alpaca and llamas; and other similar animals raised for profit or use, but not including dogs or cats. Livestock shall also include, but not be limited to, definitions under O.C.G.A. § 4-4-1.1 for "livestock" and O.C.G.A. § 4-4-80 for "poultry."

Livestock enclosure means any structure, building, shelter, or other facility used for keeping, raising, feeding, sheltering or otherwise maintaining livestock. Fenced grazing land and fenced pasture for horses, cattle and other grazing animals shall not be included in this definition. A "major livestock enclosure" is any structure designed to hold, or holding, more than eight (8) livestock animals. A "minor livestock enclosure" is any structure designed to hold, or holding, less than eight livestock animals.

Notice means the manner of making affected persons aware of proceedings under this chapter. Whenever a provision of this chapter requires notice upon an animal owner, notice shall be accomplished by personal service to the owner of the animal or by certified mail to the animal owner's last known address, unless the provision expressly requires another form of notice. If the animal owner or their address is not known, notice shall be accomplished by conspicuously posting the notice information at the location the animal was picked up and at the animal shelter.

Outside dog means a dog that lives outside generally, or a dog that sleeps outside or in the yard, a doghouse or similar shelter.

Owner means 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. In the case of an animal owned by a minor, the term "owner" includes the parents or person in loco parentis with custody of the minor.

Person means any person, firm, corporation, partnership, association, or other legal entity, any public or private institution, the State of Georgia, or any county, municipal corporation, or political subdivision of the state.

Pet dealer means any person who sells, offers to sell, exchanges, or offers for adoption, any of the following animals: dogs, cats, birds, fish, reptiles or other animals customarily obtained as pets in this state. A person who sells only animals that he has produced and raised, not to exceed one (1) litter per household per year, shall not be considered a pet dealer; however, selling more than one (1) litter, either from the same animal or different animals, in the same year shall make the seller a pet dealer. Operation of a veterinary hospital or clinic by a licensed veterinarian shall not make the veterinarian a pet dealer.

Pet dealing means acts such as selling, offering to sell, exchanging, or the offering for adoption, any of the following animals: dogs, cats, birds, fish, reptiles or other animals customarily obtained as pets in this state. Selling only animals that a person has produced and raised, not to exceed one (1) litter per household per year, shall not be considered pet dealing; however, selling more than one (1) litter, either from the same animal or different animals, in the same year shall constitute pet dealing.

Private animal shelter: See, "Animal shelter, private."

Public nuisance animal means any animal that unreasonably annoys humans, endangers the life or health of persons or other animals, or substantially interferes with the rights of citizens, other than their owners, to enjoyment of life or property. The term "public nuisance animal" shall include, but not be limited to:

(1)

Any animal that is repeatedly found running at large;

(2)

Any dog or cat in any section of a park or public recreation area, unless the dog or cat is controlled by a leash or similar physical restraint;

(3)

Any animal that damages, soils, defiles or defecates on any property other than that of its owner;

(4)

Any animal that continuously (exceeding fifteen (15) continuous minutes) or repeatedly (numerous times totaling fifteen (15) minutes over the course of one (1) hour) howls, barks, whines or makes other disturbing noises that can be heard from within any adjacent or nearby residential structure owned by anyone other than the animal owner;

(5)

Any animal that causes fouling of the air by noxious or offensive odors and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;

(6)

Any animal in heat that is not confined so as to prevent attraction or contact with other animals;

(7)

Any animal, whether or not on the property of its owner, that without provocation, molests, attacks, or otherwise interferes with the freedom of movement of persons in a public right-of-way;

(8)

Any animal that attacks or injures a domestic animal or pet;

(9)

Any animal that causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored; or

(10)

Any animal that is offensive or dangerous to the public health, safety or welfare by virtue of the number of animals maintained at a single residence or the inadequacy of the facilities.

Records of an appropriate authority means records of any state, county, or municipal law enforcement agency; records of animal control; records of any county board of health; records of any federal, state, or local court; or records of an animal control officer provided for in this article.

Residential structure means a structure designed, arranged, or used for living quarters for one (1) or more persons, that is lawfully constructed and permitted under all applicable zoning ordinances and building codes.

Responsible person means a person of sufficient strength and capability to restrain and manage the animal under their control.

Sanitary means a condition of good order and cleanliness to minimize the possibility of disease transmission.

Sanitary shelter means an animal enclosure in good order, clean, without an accumulation of waste, garbage or feces on the property, and that does not expose the animals sheltered within to disease, diseased animals, dangerous or hazardous conditions, or other threats to animal health and welfare.

Secure enclosure: See "Enclosure, secure."

Severe injury means any physical injury that: (1) creates a substantial risk of death; (2) results in death; (3) broken or dislocated bones; (4) lacerations requiring multiple sutures or disfiguring avulsions; (5) requiring plastic surgery or admission to a hospital; or (6) results in protracted impairment of health, including transmission of an infection or contagious disease, or impairment of the function of any bodily organ.

Sexually mature animal means any dog or cat that has reached the age of one hundred eighty (180) days or six (6) months or more.

Stable means any building, structure, pasture or other enclosure where equines are maintained for boarding, holding, training, breeding, riding, pulling vehicles, or other similar purposes; and (a) a fee is charged for boarding, holding, training, breeding, lodging, or other similar purposes for such equine; or (b) a fee is charged for riding, pulling vehicles, or other similar purposes.

Sterilization means the surgical removal of the reproductive organs of a dog or cat in order to render the animal unable to reproduce.

Stray cat means any cat without a collar and with proof of rabies vaccination attached, and that is not claimed by anyone as its owner.

Stray dog means any dog without a collar with proof of rabies vaccination attached, and that is not claimed by anyone as its owner.

Structure means anything constructed or erected, the use of which requires location on the ground, or attachment to something having location on the ground.

Tether means any chain, cord, cable, rope, leash, wire, tie out, running cable line, trolley system, or similar device designed to restrain an animal, which is attached to a stationary object or objects and is also attached directly to the animal, or to a collar, harness, halter, or similar device attached to the animal's body. "Tethering" means to restrain an animal with a tether. See subsection 5-4(h).

Unattended means left without direct human supervision or control.

Under restraint means that an animal is secured by a leash, lead under the control of a person physically capable of restraining the animal and obedient to that person's commands, or securely enclosed within the real property limits of the owner's property.

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 any live monkey, nonhuman primate, raccoon, skunk, fox, leopard, panther, tiger, lion, lynx, or any other warm-blooded animal that can normally be found in the wild state. The term "wild animal" does not include: domestic dogs (excluding hybrids with wolves, coyotes or jackals), domestic cats (excluding hybrids with ocelots or margays), farm animals, rodents, any hybrid animal that is part wild, and captive-bred species of common cage birds. "Wild animal" shall also mean those animals as defined in O.C.G.A. tit. 27, ch. 5.

Wild carnivore means any meat-eating wild animal (as defined above), including, but not limited to, members of any species in the order carnivora, the order primates, or the class reptilia if the species eats meat as a part of a normal diet.

(Ord. No. 46-12, § 1, 11-1-12)

Cross reference

Definitions and rules of construction generally, § 1-2.