§ 5-53. Violations and penalties; remedies.

(a)

Violations. It shall be a violation of this chapter to:

(1)

Fail to comply with any provision of this chapter;

(2)

Fail to comply with any lawful order of an animal control officer or law enforcement officer unless such order is lawfully stayed or reversed; or

(3)

Fail to pay costs imposed by the animal control officer unless payment thereof is lawfully stayed.

(b)

Multiple animals. When multiple animals are in violation of this chapter or are maintained in circumstances that violate this chapter, each animal shall constitute a separate violation, or in the alternative, a higher fine shall be imposed on the single violation. In addition, multiple violations on the same animal shall result in a higher fine.

(c)

Penalties. Any person violating the terms of this chapter or rules and regulations promulgated pursuant thereto, may be punished by civil penalty, or by criminal citation and fine, not to exceed one thousand dollars ($1,000.00). Separate offenses shall be deemed to be committed on each day during or on which a violation occurs or continues. Each animal shall constitute a separate offence, and each violation of a specific provision of this chapter shall constitute a separate offense.

(d)

Fines; minimum fine amounts. The following fines may be imposed pursuant to municipal court criminal citation or superior court civil action. The minimum fines imposed under this chapter shall be as listed below and shall be imposed as the minimum fine for listed violations. A higher fine may be imposed at the discretion of the court. Maximum fines shall be one thousand dollars ($1,000.00). Higher minimum fine levels shall be imposed for second violations and third and subsequent violations, or for multiple violation circumstances, or aggravating circumstances, as detailed below:

(1)

Table of fines.

Particular offense	Fine amounts
	Level I	Level II	Level III
For violation of subsections 5-16(a) or section 5-18, inhumane care or cruelty	$250.00	$500.00	$750.00
For violation of any other provision of this chapter (other than specifically discussed above)	$150.00	$300.00	$450.00

 

(2)

Level I. Fines of Level I are the minimum required for the first violation of this chapter.

(3)

Level II. Fines of Level II are the minimum required for the second violation of this chapter, and they shall also be imposed when one (1) animal is subject to two (2) or more citations (e.g., a dog with no rabies tag, also running loose). Level II fines shall also be imposed when two (2) or more animals are the subject of one (1) citation (e.g., two (2) dogs running loose).

(4)

Level III. Fines of Level III are the minimum required for the third or subsequent violation of this chapter. Level III fines shall be imposed when an animal is subject to aggravating circumstances, such as extreme cruelty.

(5)

Repeat citation. Level II and Level III fines shall be imposed when the same person is cited for further violations of any sort under this chapter, whether they be for the same offense or a different offense, or the same animal or different animals, provided they occur on a separate day.

(e)

Procedure; citations; civil actions. The animal control office may issue criminal citations to be heard in municipal court with or without a prosecuting attorney as designated by the city attorney. The city attorney or other attorney as designated by the city may bring a civil action in superior court or municipal court as appropriate for civil fines, attorney's fees, injunctive relief to enjoin violations and prohibit future violations, and all other relief necessary to enforce this chapter, including mandamus or abatement of nuisance. The city shall be entitled to its attorney's fees for any successful action brought in superior court. Civil penalties may be imposed pursuant to citation issued by the animal control officer and heard in municipal court with or without a prosecuting attorney.

(f)

Restitution. Restitution for any injury inflicted on another by violation of this chapter may also be sought as relief and ordered by the magistrate or superior court, including recovery of costs incurred by the city for testing, housing, feeding and other costs.

(g)

Continuing civil penalty. In the event that an injunction or other equitable relief is instituted against a person under this chapter, and in addition to any finding of contempt by the superior court, the continued violation of the chapter shall result in the accrual of a civil penalty at the rate of at least two hundred fifty dollars ($250.00) per day so long as the violation continues. A higher rate may be imposed by the court.

(h)

Notice of felony issues. Under O.C.G.A. § 4-8-28(c), repeated violations of the dangerous dog provisions can constitute a felony. Such charges shall be referred to the district attorney.

(i)

Additional penalties. The municipal court and superior court shall be authorized to impose additional penalties for violation of this chapter at its discretion, to include the following:

(1)

Confinement up to sixty (60) days jail.

(2)

Training and/or pet education classes. The animal control officer shall maintain a list of approved training and/or pet education classes for obedience training and for education of pet owners. No training requirement costing more than two hundred fifty dollars ($250.00) shall be imposed.

(3)

Community service up to two hundred forty (240) hours.

(4)

For vicious animal convictions, the person may be required to relinquish control of the animal in question to animal control and the animal will be dealt with in the discretion of the department.

(Ord. No. 46-12, § 1, 11-1-12)