§ 10-1. Definitions.

As used hereinafter, the following words and terms shall have the meaning set forth unless the context clearly indicates otherwise:

Abandonment shall mean the act by an owner intentionally, knowingly, recklessly or with negligence leaving a domestic animal at a location with the intent of not returning and without providing minimum care to sustain the animal during the entire time the owner is absent.

Abused or cruelty to animals means any animal that has been harmed by an act, an omission or neglect including but not limited to any animal that has been:

(1)

Deprived of adequate food, water, shelter, ventilation, care, space or veterinary care.

(2)

Physically harmed, tortured, mutilated, beaten or illegally killed.

(3)

Trained/used for fighting other animals.

(4)

Used as bait to train/lure other animals to fight/kill.

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

Aggressive shall be descriptive of any animal which demonstrates the intention to attack a human or another domestic animal, or which has in fact attacked a person or another domestic animal without provocation on at least one occasion, or which threatens a human or another domestic animal by growling or barking in such a manner that causes persons of reasonable sensibilities to be apprehensive of the safety of that person or that person's domestic animal.

Animal shall mean all living nonhuman creatures, domestic or wild, including livestock.

Animal breeding is the process of selective mating of animals with desirable genetic traits, to maintain or enhance these traits in future generations.

Animal services or animal services department shall mean the agency designated by the board of commissioners for animal control, animal sheltering, and the implementation and enforcement of state laws pertaining to animals and the provisions of this chapter.

Animal services/control officer shall mean any individual employed by the animal services department to enforce County Code related to animal care and control, aid in the enforcement of the dangerous or vicious animal portion of article III, and administration of dangerous animal or vicious animal classifications.

Animal shelter shall mean any facility designated by the board of commissioners for animal control, animal sheltering, and/or the implementation of the provisions of this chapter.

At large shall mean any domestic animal, that is either not leashed or not under the direct physical or voice control of the owner while not on its owner's property. An unaltered cat is at large if it is outdoors on private or public property and is not contained, or not leashed and/or harnessed. At large also applies livestock which is not under manual control of a person and which is on any public roads of this state or on any property not belonging to the owner of the livestock, unless by permission of the owner of such property.

Bite shall mean any physical contact with human skin or clothing where skin is broken or clothing worn by a human is damaged from the teeth, nails, or claws of an animal.

Board of commissioners shall refer to the Burke County Board of Commissioners unless otherwise specified. Synonymous with "governing authority".

Board of health shall mean the Burke County Board of Public Health unless otherwise specified. Synonymous with "health department".

Breeder shall mean any person who breeds more than one liter in a twelve-month period.

Cat shall mean the domestic cat, Felis catus.

Citation shall mean a written notice issued to a person stating that there is probable cause to believe that the person has committed an infraction of this chapter and directing the person to respond to the charge at a certain date and time in the magistrate court of the county.

Classified animal means any animal that has been classified as either a dangerous animal or vicious animal pursuant to article III or O.C.G.A. Title 4, Ch. 8.

County shall refer to Burke County unless otherwise specified. Synonymous with "local government".

Court shall mean, the magistrate court of the county ordinance violations and state court for violation of state ordinances.

Director shall refer to the head or acting lead of the animal services department.

Dog shall refer to the domestic dog, Canis familiaris.

Domestic animal shall be any dog, cat, or other legally owned animal not defined as wildlife.

Humane care shall mean, but not be limited to, the provision of sanitary and adequate shelter, sufficient space, wholesome and adequate food and water, and ventilation consistent with normal requirements and feeding habits of the animal's size, species, and breed.

Identification shall mean identification in the form of a tag fasten to a collar, a microchip, or tattoo placed on the animal for the purposes of identification, which shall, at a minimum, provide sufficient information for the contact of the owner of the animal.

In heat shall define the state in which a female animal, that is a mammal, experiences any stage of the receptive period of the sexual cycle that would allow that animal to mate with a male of the species.

Leash shall mean a physical chain, strap, rope, or similar object held or attached to an owner and attached to an animal's collar, harness, or body for use in controlling, leading, or restraining an animal. Electronic or wireless training devices are not considered a leash in this article.

Livestock means all animals of the equine, bovine, or swine class, including goats, sheep, mules, horses, hogs, cattle, and other grazing animals.

Mail means to send by certified mail or statutory overnight delivery to the recipient's last known address.

Microchip shall mean a cylindrical radio frequency identification device (RFID) that is implanted in the subcutaneous tissue of an animal, using a hypodermic needle, for the purpose of identification of that animal.

Nontraditional livestock means the species of artiodactyl (even-toed ungulates) listed as bison, water buffalo, farmed deer, llamas and alpacas that are held and possessed legally and in a manner that is not in conflict with the provisions of O.C.G.A. Title 27, Ch. 5, relating to wild animals.

Owner means any natural person or any legal entity, including, but not limited to, a corporation, partnership, firm, or trust that possesses, harbors, keeps, or has title, custody or control of an animal. In the case of an animal in custody of a minor, the term "owner" refers to the parents, legal guardian, or custodian with custody or in care of the minor.

Person shall refer to any individual, firm, corporation, partnership, organization, association, or other group or combination acting as a unit.

Public nuisance shall mean any domestic animal that unreasonably annoys persons, endangers the life or health of persons or of other domestic animals, or substantially interferes with the rights of citizens, other than the owner of such animal, to enjoy life and property. The term shall include, but not be limited to, any domestic animal which:

(1)

Is found at large;

(2)

Damages the property of anyone other than its owner;

(3)

Chases vehicles;

(4)

Has unwanted contact with other domestic animals;

(5)

Has unwanted contact with or bites persons without provocation; or

(6)

Persistently or continuously barks, howls, or makes noise common to their species that disturbs the peace and quiet of the surrounding neighborhoods.

Public roads means any street, road, highway, or way, including the full width of the right-of-way, which is open to the use of the public for vehicular travel.

Quarantine shall mean the humane confinement of an animal for observation of symptoms of rabies or other disease in a proper enclosure that prevents the animal from coming into unplanned contact with any other animal or person.

Radio collars shall mean a collar with an attached radio transmitter that is put on an animal so that its movements in its natural habitat can be remotely monitored.

Serious injury means any physical injury that creates a substantial risk of death; results in death, broken or dislocated bones, lacerations requiring multiple sutures, or disfiguring avulsions; requires plastic surgery or admission to a hospital; or results in protracted impairment of health, including transmission of an infection or contagious disease, or impairment of the function of any bodily organ.

Severe injury shall mean any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery or a physical injury that results in death.

Stray shall mean any domestic animal which is at large and whose owner is unknown or not readily identifiable.

Tether shall mean a physical chain, strap, rope, or similar object secured to a stationary object or post and attached to an animal's collar, harness, or body for use in restricting the animal's movement. This term shall also refer to that act of using such objects as a tether. Electronic or wireless containment devices are not considered a tether in this chapter.

Unwanted contact shall mean any physical contact or close proximity from an at-large domestic animal that is unwelcome, unsolicited or threatening to a person or another domestic animal. This includes but may not be limited to tracking, chasing, inhibiting movement, or biting. This is not to include any animal that is participating in a qualified activity such as legal hunting, herding, or competitive canine performance events.

(Ord. No. 19-01 , § 1, 4-9-2019)