§ 5-33. Notice of impoundment; procedures.

(a)

Specific impoundments. Impoundment for violation of section 5-16 (failure to provide humane care) or 5-18 (cruelty to animals) of this chapter, or for violations of O.C.G.A. § 16-12-4 (cruelty to animals) or O.C.G.A. § 16-12-37 (dog fighting), shall be subject to the following procedures:

(1)

Veterinary determination. A licensed accredited veterinarian approved according to O.C.G.A § 4-11-9.2(d) shall examine and determine the condition or treatment of the animal prior to impoundment.

(2)

Notice. Notice shall be provided to the owner and shall include the description of the animal, the location where the animal was impounded, the reason for impoundment, the citation number if a citation was issued, the name and business address of the officer impounding the animal, the name and business location of the animal shelter, the hours during which the animal can be reclaimed, and fees to be charged to the owner. The notice shall state that the failure to claim the animal or request a hearing as hereinafter provided, within five (5) business days following the date notice was provided may result in the disposition of the animal. The notice shall be delivered personally or by certified mail, return receipt requested. 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 impounded. In addition, if the owner is unknown, notice shall be published once in a newspaper of general circulation in the city.

(3)

Appeal hearing. If an animal is impounded pursuant to sections 5-16 or 5-18, and the owner thereof refuses to enter into a consent agreement with the animal shelter that such animal will be given humane care and adequate and necessary veterinary care, the owner may request, in writing, a hearing within five (5) business days of the date the notice of impoundment was served on such owner, or, if the owner is unknown or could not be found, within thirty (30) days of the date of publication of the notice of impoundment in a newspaper of general circulation in the city. Hearing shall be in accordance with section 5-34. Such request for hearing shall be served upon the animal control officer. If no hearing is requested within the time limits herein specified and the failure to request such hearing is due in whole or in part to the reasonably avoidable fault of the owner, the right to a hearing shall have been waived. For impoundments under state charges, see subsection (c) below.

(4)

Consent agreement. Prior to release of an animal impounded under these provisions, the owner must enter into a consent agreement providing that, among other things, the animal will be given humane care and veterinary treatment, the animal will not be subject to mistreatment or illegal activity; and the owner will comply with all terms of this chapter. Animal control may specify additional terms as required.

(b)

Impoundment for other reasons. Impoundments for reasons other than specified in subsection (a) above shall be subject to the following procedures:

(1)

Determination. The animal control officer shall make a determination whether the animal should be impounded under this chapter.

(2)

Notice. Notice shall be provided to the owner and shall include the description of the animal, the location where the animal was impounded, the reason for impoundment, the citation number if a citation was issued, the name and business address of the officer impounding the animal, the name and business location of the animal shelter, the hours during which the animal can be reclaimed, and fees to be charged to the owner. The notice shall state that the failure to claim the animal or request a hearing as hereinafter provided, within five (5) business days following the date notice was provided may result in the disposition of the animal. The notice shall be delivered personally or by certified mail, return receipt requested. 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 impounded.

(3)

Reclaim animal. The owner of an impounded animal, unless otherwise specified in this chapter, shall have the option to pay the violation fines and impoundment fines and retrieve the dogs, once the condition or circumstance causing the impoundment has been cured or corrected. Owners shall have no more than five (5) days from the date of notice to cure or correct the violation, or the dogs shall be deemed unclaimed; this time limit may be extended by animal control, to no more than twenty (20) days. Return to the owner upon payment of fees shall not be an option for animals that are a threat to public safety or health, require quarantine, or where impounded for cruelty, inhumane treatment, dog fighting, other illegal action, vicious attacks, or other circumstances requiring a hearing under this chapter.

(4)

Appeal hearing. The animal owner may request, in writing, a hearing within five (5) business days of the date the notice of impoundment was served on such owner or being posted in the case of abandoned dogs. Hearings shall be in accordance with section 5-34. Such request for hearing shall be served upon the animal control officer. If no hearing is requested within the time limits herein specified and the failure to request such hearing is due in whole or in part to the reasonably avoidable fault of the owner, the right to a hearing shall have been waived.

(5)

Consent agreement. Prior to release of an animal impounded under these provisions, the owner must enter into a consent agreement providing that, among other things, the animal will be given humane care and veterinary treatment, the animal will not be subject to mistreatment or illegal activity; and the owner will comply with all terms of this chapter. Animal control may specify additional terms as required.

(c)

Criminal matters; bond. The provisions of subsections (a)(4) or (b)(5) of this section shall not apply to an animal that was an object or instrumentality of a crime nor shall any such animal be returned to the owner without the approval of the prosecuting attorney and animal control. If dogs are impounded for violation of O.C.G.A. § 16-12-4 (cruelty to animals) or O.C.G.A. § 16-12-37 (dog fighting), they shall not be returned to the owner until the case is completed, or unless otherwise ordered by the court. In such cases, the owner shall be required to post a surety bond for the costs of impoundment of the dog for the duration of the proceeding, in the amount of two thousand five hundred dollars ($2,500.00) per animal impounded, or shall release the animals to animal control for disposal. The surety bond shall be issued by a surety company authorized to transact business in this state, or the bond may be paid in cash. If bond is not posted within thirty (30) days of impoundment, animal control shall apply to the court for permission to dispose of the animal prior to trial of the criminal case as provided by law.

(d)

Owners liable for fees. In the event an animal is not claimed from impoundment and is therefore destroyed or the animal otherwise dies, and the owner is known, the owner shall still be responsible for the impoundment charges, including boarding fees and veterinary care costs, for the period the animal was held.

(Ord. No. 46-12, § 1, 11-1-12)