§ 5-22. Dog classification.

(a)

Classification levels. "Classified dog" means any dog that has been classified as either a dangerous or vicious dog pursuant to this article. Classifications are as follows:

(1)

Dangerous dog. Any dog that:

a.

Causes a substantial puncture of a person's skin by teeth without causing serious injury (see section 5-3); provided, however, that a nip, scratch or abrasion shall not be sufficient to classify a dog as dangerous under this subsection;

b.

Aggressively attacks in a manner that causes a person to reasonably believe that the dog posed an imminent threat of serious injury (see section 5-3) to such a 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 subsection; or

c.

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

(2)

Vicious dog. Any dog that inflicts a severe injury on a person or causes serious injury (see section 5-3) to a person resulting from reasonable attempts to escape the dog's attack.

(3)

Euthanasia for causing serious injury on more than one (1) occasion. Pursuant to O.C.G.A. § 4-8-26, a dog that is found, after notice and opportunity for hearing as provided, however, that no injury occurring before _______________, shall count for purposes of this subsection.

(4)

Judge authorized to order euthanasia. Pursuant O.C.G.A. § 4-8-25, the judge of any superior court of competent jurisdiction within this state may order the euthanasia of a dog if the court finds, after notice and opportunity for hearing as provided by this section, that the dog has seriously injured a human or presents a danger to humans not suitable for control under this article and:

a.

The owner or custodian of the dog has been convicted of a violation of any state criminal law and the crime was related to such dog; or

b.

Any local governmental authority has filed with the court a civil action requesting the euthanasia of the dog.

(5)

Previously classified animals. Any dog classified prior to ____________, as a potentially dangerous dog in this state shall on and after that date be classified as a dangerous dog. Any dog classified prior to ___________ as a dangerous dog or vicious dog in this state shall on and after that date be classified as a vicious dog under this chapter. The owner of any dog classified prior to ____________ shall come into compliance with all current provisions of this chapter by _____________.

(b)

Confiscation. If an animal control officer has reason to believe that a dog has acted in a manner that justifies a classification as a dangerous dog or a vicious dog, the dog may be confiscated, impounded, classified, and notice provided as set forth below. A law enforcement officer or animal control officer shall immediately impound a dog if the officer believes the dog poses a threat to the public safety.

(c)

Exceptions. An animal shall not be classified within the meaning of this section if it inflicts injury upon a person when the animal is being used by a law enforcement officer or military officer to carry out the law enforcement or military officer's official duties. No dog shall be classified as a dangerous or vicious dog if the person injured by such dog was a person who, at the time was: (1) committing a trespass; (2) was abusing the dog; or (3) was committing or attempting to commit an offense under O.C.G.A. tit. 16, ch. 5.

(d)

Classification by animal control. The animal control officer shall make a determination whether the dog shall be classified a dangerous dog or vicious dog. The owner shall be given notice of the classification pursuant to subsection (e) below. If an owner is unknown or cannot be found, notice shall be made by posting the notice in a conspicuous place at the location where the animal was confiscated.

(e)

Notice of determination. The notice to the owner shall meet the following requirements:

(1)

The notice shall be in writing and mailed by certified mail or statutory overnight delivery to the owner's last known address and notice shall be complete upon mailing;

(2)

The notice shall include a summary of the animal control officer's findings that formed the basis for the dog's classification as a dangerous dog or vicious dog;

(3)

The notice shall be dated and shall state that the owner, within fifteen (15) days after the date shown on the notice, has a right to request an appeal hearing on the animal control officer's classification of the dog;

(4)

The notice shall state that the hearing, if requested, shall be before the City of Cartersville Animal Control Board;

(5)

The notice shall state that if a hearing is not requested, the classification of the dog as a dangerous dog or vicious dog will become effective for all purposes under this chapter on a date specified in the notice, which shall be after the last day on which the owner has a right to request a hearing; and

(6)

The notice shall include a form to request a hearing and shall provide specific instructions on mailing or delivering such request to animal control.

(f)

Response to notice. If no owner comes forward in response to the notice provided in subsection (e), the animal shall be kept for five (5) days, and then may be disposed of by animal control, including by humane destruction in accordance with O.C.G.A. § 4-11-5.1. If the owner comes forward and no appeal hearing is requested, the animal may be returned to the owner provided the owner complies with the requirements of this chapter, including payment of fees set forth in subsection (j) and the requirements of section 5-3. If a hearing is requested, the provisions of subsection (g) shall apply.

(g)

Appeal hearing. When the animal control board receives a proper and timely request for an appeal hearing of a classification, it shall schedule such hearing within thirty (30) days after receiving the request; however, such hearing may be continued by the authority for good cause shown. The board shall notify the dog owner in writing by certified mail or statutory overnight delivery of the date, time, and place of the hearing, and such notice shall be mailed to the dog owner at least ten (10) days prior to the date of the hearing; and such notice shall be mailed to the dog owner at least ten (10) days prior to the date of the hearing. At the hearing, the owner of the dog shall be given the opportunity to testify and present evidence and in addition, thereto the governing authority or board shall receive such other evidence and hear such other testimony as the governing authority or board may find reasonably necessary to make a determination either to sustain, modify, or overrule the animal control officer's classification of the dog, including the power to impose conditions on continued possession of the dog.

(h)

Decision. After hearing the evidence the animal control board shall be empowered to take the following actions:

(1)

Sustain the animal control officer's classification;

(2)

Modify the animal control officer's classification;

(3)

Overrule the animal control officer's classification;

(4)

Impose conditions or restrictions in addition to the required conditions set forth in this chapter for keeping a classified dog; or

(5)

Order that the dog be euthanized pursuant to subsection 5-22(a)(3) if the requirements are met.

(i)

Notice of decision. The decision shall be made at the hearing, and within ten (10) days after the date of the hearing, the animal control board shall notify the dog owner in writing by certified mail or statutory overnight delivery of its determination on the matter. If such determination is that the dog is a dangerous dog or vicious dog, the notice shall specify the date upon which that determination is effective. Any specific additional conditions or restrictions shall be set forth in the notice. If the determination is that the dog is to be euthanized pursuant to subsection 5-22(a)(3), the notice shall specify the date by which the euthanasia shall occur.

(j)

Return to owner. In the event the dog is classified as dangerous or vicious dog, (and the dog is not euthanized), the animal shall not be returned to the owner until payment of reasonable confiscation costs, including an impoundment fee of one hundred dollars ($100.00), boarding costs of fifteen dollars ($15.00) per day, and all actual veterinary care costs. In the event the owner has not complied with the provisions of this subsection and also satisfied the requirements set forth in section 5-23 within ten (10) days of the date the dog was classified, said dog shall be destroyed in an expeditious and humane manner in accordance with O.C.G.A. § 4-11-5.1; provided however, upon a showing for good cause, the animal control officer may extend said time up to an additional fifteen (15) days, upon the payment by the owner of the per diem boarding costs for said dog. In the event the dog is ordered euthanized, the animal shall be humanely destroyed any time after five (5) business days after the date of the decision of the animal control board in accordance with O.C.G.A. § 4-11-5.1.

(k)

Judicial review. Judicial review of the animal control officer's final decision may be had in accordance with O.C.G.A. § 50-13-19, except that venue shall be limited to the Bartow County Superior Court. The filing of the petition for judicial review in superior court does not itself stay enforcement of the board's decision. Except as otherwise provided in this subsection, the animal control director may grant, or the reviewing court may order, a stay upon appropriate terms for good cause shown.

(Ord. No. 46-12, § 1, 11-1-12)