§ 5-16. Violations relating to caring for animals.  


Latest version.
  • (a)

    Failure to provide humane care. It shall be unlawful for the owner or custodian of any animal to refuse or fail to provide such animal humane care.

    (b)

    Animal suffering. It shall be unlawful for any owner or custodian of any animal to permit the animal to live in conditions that cause suffering to the animal, or to directly cause any suffering of an animal.

    (c)

    Abandonment. It shall be unlawful for the owner or custodian of any animal to abandon such animal on any street, road highway or public place, or on private property when not in the care of another person.

    (d)

    Unattended animals. It shall be unlawful for the owner or custodian of any animal to leave such animal in any location unattended for longer than twenty-four (24) hours. It shall be unlawful to keep or board animals on property that is not residentially occupied, or is otherwise commercial property that is the location of an operating business, such that the property is visited daily during the week and at least once on the weekend.

    (e)

    Accumulation of waste matter. It shall be unlawful for any owner or custodian of any animal to permit the accumulation of waste matter from animals to collect and remain on the property of the owner or custodian, or on the property of others so as to cause or create an unhealthy, unsanitary, dangerous or offensive living condition on the owner's or custodian's property, or to abutting property of others. It shall be unlawful to allow animal waste matter to run off into any river, stream, lake, pond or other watercourse in the City of Cartersville, or to run off onto any other person's property.

    (f)

    Failure to provide adequate shelter. It shall be unlawful for any owner or custodian of any animal to fail to provide adequate shelter from the elements for that animal, as appropriate to the species. Providing adequate shelter requires providing sufficient food and water, disposing of waste, providing sufficient temperature control (whether heat, ventilation, or cooling) to prevent suffering by the animal, and not maintaining conditions conducive to disease and infection. In respect to dogs, adequate shelter means at least a dog house or shelter meeting the requirements of section 5-9. For example, tethering a dog outside during summer without shade or water would be a violation of this section, as well as potentially subsections 5-16(a) and (b).

    (g)

    Unsanitary, dangerous or offensive conditions. It shall be unlawful for any owner or custodian of any animal to permit or cause unsanitary, dangerous or offensive conditions by virtue of the size or number of animals maintained at a single location or due to the inadequacy of the facilities.

    (h)

    Rabies tag. Dogs and cats shall wear current, valid rabies tags attached to their collars at all times, except when removal is necessary for cleaning, grooming or other veterinary care. It shall be unlawful for any owner or custodian of a dog or cat to allow the animal to be outdoors without wearing a collar with a current rabies tag showing that the animal has been inoculated for rabies within one (1) year of any such time as the rabies tag may be checked.

    (i)

    Proper disposal. It shall be unlawful for any owner or custodian of any animal to fail to properly dispose of that animal upon its death. Proper disposal means in a method provided by the Georgia Code at O.C.G.A. § 4-5-5, and includes burning, incineration, burial or rendering of the carcass within 24 hours after death or discovery. Dead animals that are buried must be buried at least three (3) feet below the ground level, have not less than three (3) feet of earth over the carcass, and must not contaminate groundwater or surface water.

    (j)

    Separate violation per animal. Each animal kept in violation of this section shall count as a separate violation.

(Ord. No. 46-12, § 1, 11-1-12)