Title 4 — Animals
0 chapters · 201 sections in this title.
O.C.G.A. § 4-10-7 Seizure, quarantine, and destruction of birds
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The department may quarantine, seize, and destroy any birds which present a hazard of carrying exotic or untreatable disease, as determined by rules and regulations promulgated by the Commissioner. The department shall pay an indemnity to the owner of any seized or destroyed bird…
O.C.G.A. § 4-10-7.3 Notice and reporting of certain animal diseases
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(a) The Commissioner is authorized to declare certain animal diseases and syndromes to be diseases requiring notice and to require the reporting thereof to the department in a manner and at such times as may be prescribed by the Commissioner. The department shall require that suc…
O.C.G.A. § 4-10-8 Rules and regulations
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The Commissioner may make any rules and regulations, not inconsistent with this chapter, governing dealing in or transportation of exotic or pet birds. (Ga. L. 1981, p. 510, § 8.) 123 Page: 124 Job Path: @psc3912/cville_data1/stcodes/ga/lexis/ep_rv_04_txt 0000 41826-12 4-10-9 Dat…
O.C.G.A. § 4-10-9 Enforcement procedure
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(a) Notwithstanding any other provision of law, whenever it may appear to the Commissioner or his agent, either upon investigation or otherwise, that any person has engaged in, or is engaging in, or is about to engage in any act, practice, or transaction which is prohibited by an…
O.C.G.A. § 4-11-1 Short title
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This article shall be known and may be cited as the ‘‘Georgia Animal Protection Act.’’ (Code 1981, § 4-11-1, enacted by Ga. L. 1986, p. 628, § 1; Ga. L. 1990, p. 328, § 1; Ga. L. 1993, p. 91, § 4.)
O.C.G.A. § 4-11-10 Unlawful acts by licensed persons
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It shall be unlawful for any person licensed under this article or any person employed by a person licensed under this article or under such person’s supervision or control to: (1) Commit a violation of Code Section 16-12-4, relating to cruelty to animals; 141 Page: 142 Job Path:…
O.C.G.A. § 4-11-12 Cooperation with federal government
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The Commissioner may cooperate with the secretary of agriculture in carrying out Public Law 89-544, commonly known as the Animal Welfare Act, as amended by Public Laws 91-579 and 94-279, and the rules and regulations issued by the secretary of agriculture under that act. The Comm…
O.C.G.A. § 4-11-13 Animals raised, kept, or maintained for human consumption
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The provisions of this article shall not apply to any person who raises, keeps, or maintains animals solely for the purposes of human consump142 Page: 143 Job Path: @psc3912/cville_data1/stcodes/ga/lexis/ep_rv_04_txt 0000 41826-12 GA RV 13 RV 4(T4-6) - EP Date: 06/14/13 Time: 10:…
O.C.G.A. § 4-11-14 Rules and regulations
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The Commissioner is authorized to promulgate and adopt rules and regulations necessary or appropriate to carry out this article. (Code 1981, § 4-11-14, enacted by Ga. L. 1986, p. 628, § 1; Ga. L. 1990, p. 328, § 1.) 4-11-15. Injunctions and restraining orders.
O.C.G.A. § 4-11-15 Injunctions and restraining orders
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In addition to the remedies provided in this article or elsewhere in the laws of this state and notwithstanding the existence of an adequate remedy at law, the Commissioner or, where authorized by the local governing authority, the city or county attorney is authorized to apply t…
O.C.G.A. § 4-11-15.1 Abandonment of domesticated animal
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Notwithstanding the provisions of Code Section 4-11-13, it shall be unlawful for any person knowingly and intentionally to abandon any domesticated animal upon any public or private property or public right of way. This Code section shall not be construed as amending or otherwise…
O.C.G.A. § 4-11-16 Penalties
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(a) Except as otherwise provided in Code Section 16-12-4 or 16-12-37, any person violating any of the provisions of this article shall be guilty of a misdemeanor and shall be punished as provided in Code Section 17-10-3; provided, however, that if such offense is committed by a c…
O.C.G.A. § 4-11-17 Filing a report regarding animal cruelty; immunity
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(a) Notwithstanding Code Section 24-12-31 or any other provision of law to the contrary, any licensed veterinarian or veterinary technician having reasonable cause to believe that an animal has been subjected to animal cruelty in violation of Code Section 16-12-4 or an act prohib…
O.C.G.A. § 4-11-2 Definitions
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As used in this article, the term: (1) ‘‘Adequate food and water’’ means food and water which is sufficient in an amount and appropriate for the particular type of animal to prevent starvation, dehydration, or a significant risk to the animal’s health from a lack of food or water…
O.C.G.A. § 4-11-30 Short title
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This article shall be known and may be cited as the ‘‘Georgia Farm Animal, Crop, and Research Facilities Protection Act.’’ (Code 1981, § 4-11-30, enacted by Ga. L. 1990, p. 328, § 1; Ga. L. 2001, p. 888, § 1.) 4-11-31. Definitions.
O.C.G.A. § 4-11-31 Definitions
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As used in this article, the term: (1) ‘‘Actor’’ means a person accused of any of the offenses defined in Code Section 4-11-32. (2) ‘‘Animal’’ means any warm or cold-blooded animal or insect which is being used in food or fiber production, agriculture, research, 145 Page: 146 Job…
O.C.G.A. § 4-11-32 Prohibited acts; applicability
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(a)(1) A person commits an offense if, without the consent of the owner, the person acquires or otherwise exercises control over an animal facility, an animal from an animal facility, or other property from an animal facility with the intent to deprive the owner of such facility,…
O.C.G.A. § 4-11-33 Penalty for violation
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(a) A person convicted of any of the offenses defined in subsections (a) and (b) of Code Section 4-11-32 shall be guilty of a felony and, upon 148 Page: 149 Job Path: @psc3912/cville_data1/stcodes/ga/lexis/ep_rv_04_txt 0000 41826-12 GA RV 13 RV 4(T4-6) - EP Date: 06/14/13 Time: 1…
O.C.G.A. § 4-11-34 Powers and duties of Commissioner
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For purposes of enforcing the provisions of this article, the Commissioner: (1) May investigate any offense under this article; (2) May seek the assistance of any law enforcement agency of the United States, the state, or any local government in the conduct of such investigations…
O.C.G.A. § 4-11-35 Short title
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Definitions. Prohibited acts; applicability. Penalty for violation. Powers and duties of Commissioner. Attorneys’ fees; injunctions; other rights arising out of or relating to violation of article.
O.C.G.A. § 4-11-4 Display of licenses
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A license must be prominently displayed at each place of business of a pet dealer and at each kennel, stable, and animal shelter in this state. (Code 1981, § 4-11-4, enacted by Ga. L. 1986, p. 628, § 1.) 4-11-5. Licensing of bird dealers.
O.C.G.A. § 4-11-5 Licensing of bird dealers
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Any person licensed by the department as a bird dealer shall not be required to obtain a license under this article if such person does not deal in animals other than birds. If, however, a licensed bird dealer sells, offers to sell, exchanges, or offers for adoption dogs, cats, f…
O.C.G.A. § 4-11-6 Applicability of article to nonresidents; consent to jurisdiction; service
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Any person who is not a resident of this state but who engages in this state in any activities for which a license is required by this article shall be subject to this article as to such activities. Each nonresident applicant for a license required by this article shall be requir…
O.C.G.A. § 4-11-9 Inspections
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The Commissioner or his designated agents are authorized to enter upon any public or private property at any time for the purpose of inspecting the business premises of any pet dealer or any animal shelter, kennel, or stable and the dogs, cats, equines, or other animals housed at…
O.C.G.A. § 4-11-9.1 Quarantine of animal, premises, or any area by Commissioner
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(a) In the control, suppression, prevention, and eradication of animal diseases, the Commissioner or any duly authorized representative 134 Page: 135 Job Path: @psc3912/cville_data1/stcodes/ga/lexis/ep_rv_04_txt 0000 41826-12 GA RV 13 RV 4(T4-6) - EP 4-11-9.1 ANIMAL PROTECTION Da…
O.C.G.A. § 4-11-9.2 Inspections; impoundment of animals; exceptions
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(a) At any time there is probable cause to believe that a violation of this article or any rule or regulation adopted pursuant to this article has occurred, the Commissioner, his or her designated agent, or an animal control officer who is an employee of state or local government…
O.C.G.A. § 4-11-9.3 Caring for an impounded animal
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(a) It shall be the duty of any person impounding an animal under Code Section 4-11-9.2 to make reasonable and proper arrangements to provide the impounded animal with humane care and adequate and necessary veterinary services. Such arrangements may include, but shall not be limi…
O.C.G.A. § 4-11-9.4 Notification of owner; custody of animal
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(a) It shall be the duty of any person impounding an animal under this article to notify the owner of such animal immediately upon impoundment. Such notice shall state the name and business address of the person impounding the animal, the name and address of the state or local go…
O.C.G.A. § 4-11-9.5 Failure to respond; right to hearing; care; crime exception
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(a) If the owner of an animal impounded pursuant to this article fails to respond in writing within five business days of the date the notice of impoundment was served, or, if the owner is unknown or could not be found within 30 days of publication of the notice of impoundment, t…
O.C.G.A. § 4-11-9.6 Disposal of impounded animal
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(a) The government agency having custody of an animal impounded pursuant to this article which is not returned to the owner as provided in Code Sections 4-11-9.3 and 4-11-9.5 may dispose of the animal through sale by any commercially feasible means, at a public auction or by seal…
O.C.G.A. § 4-11-9.7 Notice and reporting required for certain animal diseases
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(a) The Commissioner is authorized to declare certain animal diseases and syndromes to be diseases requiring notice and to require the reporting thereof to the department in a manner and at such times as may be prescribed by the Commissioner. The department shall require that suc…
O.C.G.A. § 4-12-1 Legislative findings
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The General Assembly recognizes that persons who participate in equine activities or llama activities may incur injuries as a result of the risks involved in such activities. The General Assembly also finds that the state and its citizens derive numerous economic and personal ben…
O.C.G.A. § 4-12-2 Definitions
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As used in this chapter, the term: (1) ‘‘Engages in a llama activity’’ means riding, training, assisting in providing medical treatment of, driving, or being a passenger upon a llama, whether mounted or unmounted, or any person assisting a participant or show management. The term…
O.C.G.A. § 4-12-3 Immunity from liability for injury or death; exceptions
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(a) Except as provided in subsection (b) of this Code section, an equine activity sponsor, an equine professional, a llama activity sponsor, a llama professional, or any other person, which shall include a corporation or partnership, shall not be liable for an injury to or the de…
O.C.G.A. § 4-12-4 Mays v
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Valley View Ranch, Inc., 4-12-5 317 Ga. App. 143, 730 S.E.2d 592 (2012), cert. denied, No. S12C1980, 2012 Ga. LEXIS 980 (Ga. 2012). 4-12-5. Warning signs or notices posted by llama activity sponsors or llama professionals. (a) Every llama professional and every llama activity spo…
O.C.G.A. § 4-13-1 Short title
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This chapter shall be known and may be cited as the ‘‘Humane Care for Equines Act.’’ (Code 1981, § 4-13-1, enacted by Ga. L. 1992, p. 2398, § 2.) 4-13-2. Definitions.
O.C.G.A. § 4-13-10 Penalty for violation of chapter
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Except as otherwise provided in Code Section 16-12-4 or 16-12-37, any person, partnership, firm, corporation, or other entity violating any of the provisions of this chapter shall be guilty of a misdemeanor. (Code 1981, § 4-13-10, enacted by Ga. L. 1992, p. 2398, § 2; Ga. L. 2000…
O.C.G.A. § 4-13-2 Definitions
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As used in this chapter, the term: (1) ‘‘Adequate food and water’’ means food and water which is sufficient in amount and appropriate for the particular type of equine to prevent starvation, dehydration, or a significant risk to the equine’s health from a lack of food or water. (…
O.C.G.A. § 4-13-3 Prohibited acts
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It shall be unlawful for the owner of any equine: (1) To commit a violation of Code Section 16-12-4, relating to cruelty to animals, which involves an equine owned by, possessed by, or in the custody or control of such person; 158 Page: 159 Job Path: @psc3912/cville_data1/stcodes…
O.C.G.A. § 4-13-4 Inspection warrants; impoundment authorized; examination
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(a) At any time there is cause to believe that a violation of Code Section 4-13-3 has occurred, the Commissioner of Agriculture or his designated agent may apply to the appropriate court in the county in which the equine is located for an inspection warrant under the provisions o…
O.C.G.A. § 4-13-5 Short title
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Definitions. Prohibited acts. Inspection warrants; impoundment authorized; examination. Duty to care for impounded equines; lien; return to owner. Sec. 4-13-6. 4-13-7. 4-13-8. 4-13-9. 4-13-10. Notice of impoundment.
O.C.G.A. § 4-13-6 Notice of impoundment
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It shall be the duty of any person impounding an equine under this chapter to notify the owner of such equine immediately upon impoundment. Such notice shall state the name and address of the person impounding the equine, the location where the equine is being held, and a descrip…
O.C.G.A. § 4-13-7 Disposal of equine by sale or euthanasia
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If the owner of the equine cannot be found, if the owner refuses to enter into a consent order or to provide a written assurance that such equine will be given humane care and adequate food, water, shelter, and veterinary care, or if the owner fails to comply with this chapter af…
O.C.G.A. § 4-13-8 Injunctive relief
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In addition to the remedies provided in this chapter or elsewhere in the laws of this state and notwithstanding the existence of an adequate remedy at law, the Commissioner is authorized to apply to the superior 161 Page: 162 Job Path: @psc3912/cville_data1/stcodes/ga/lexis/ep_rv…
O.C.G.A. § 4-13-9 Rules and regulations
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The Commissioner is authorized to promulgate and adopt rules and regulations necessary or appropriate to carry out this chapter. (Code 1981, § 4-13-9, enacted by Ga. L. 1992, p. 2398, § 2.) 4-13-10. Penalty for violation of chapter.
O.C.G.A. § 4-14-1 Legislative findings and policy
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The General Assembly finds that the breeding of dogs and cats acquired from public or private animal shelters, animal control agencies operated by political subdivisions of this state, humane societies, or public or private animal refuges in the State of Georgia results in the bi…
O.C.G.A. § 4-14-2 Definitions
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As used in this chapter, the term: (1) ‘‘Animal shelter’’ means any facility operated by or under contract for the state or any county, municipal corporation, or other political subdivision of the state for the purpose of impounding or harboring seized, stray, homeless, abandoned…
O.C.G.A. § 4-14-3 Legislative findings and policy
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Definitions. Sterilization of dogs and cats required; exceptions; costs. Sec. 4-14-4. 4-14-5. Penalty for noncompliance.
O.C.G.A. § 4-14-4 Penalty for noncompliance
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It shall be a misdemeanor to fail or refuse to comply with the requirements of Code Section 4-14-3 and any person convicted of said misdemeanor shall be subject to a fine not to exceed $200.00. (Code 1981, § 4-14-4, enacted by Ga. L. 1994, p. 999, § 1.) 4-14-5. Adoption of strict…
O.C.G.A. § 4-14-5 Adoption of stricter shelter policies
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This chapter shall not prohibit the adoption by any political subdivision of this state of shelter policies which are more stringent than the requirements of this chapter. (Code 1981, § 4-14-5, enacted by Ga. L. 1994, p. 999, § 1.) 165 Page: 166 Job Path: @psc3912/cville_data1/st…