| HB 1032 - Dangerous dogs; amend provisions |
First Reader Summary
A BILL to amend Article 2 of Chapter 8 of Title 4 of the Official
Code of Georgia Annotated, relating to dangerous dog control, so
as to change certain definitions; to classify as a dangerous dog
any dog that bites a human being; and for other purposes.
HB 1032 LC 11 9886
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Article 2 of Chapter 8 of Title 4 of the Official
1- 2 Code of Georgia Annotated, relating to dangerous dog
1- 3 control, so as to change certain definitions; to classify as
1- 4 a dangerous dog any dog that bites a human being; to delete
1- 5 references to potentially dangerous dogs; to provide for
1- 6 related matters; to provide an effective date; to repeal
1- 7 conflicting laws; and for other purposes.
1- 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1- 9 SECTION 1.
1-10 Article 2 of Chapter 8 of Title 4 of the Official Code of
1-11 Georgia Annotated, relating to dangerous dog control, is
1-12 amended by striking Code Section 4-8-21, relating to
1-13 definitions, and inserting in lieu thereof the following:
1-14 "4-8-21.
1-15 (a) As used in this article, the term:
1-16 (1) 'Dangerous dog' means any dog that, according to the
1-17 records of an appropriate authority:, bites a human
1-18 being on public or private property at any time after
1-19 July 1, 1999. (A) Inflicts a severe injury on a human being without
1-21 provocation on public or private property at any time
1-22 after March 31, 1989; or (B) Aggressively bites, attacks, or endangers the
1-24 safety of humans without provocation after the dog has
1-25 been classified as a potentially dangerous dog and
1-26 after the owner has been notified of such
1-27 classification.
1-28 (2) 'Dog control officer' means an individual selected
1-29 by a local government pursuant to the provisions of
1-30 subsection (c) of Code Section 4-8-22 to aid in the
1-31 administration and enforcement of the provisions of this
1-32 article.
-1-
2- 1 (3) 'Governing authority' means the governing body or
2- 2 official in which the legislative powers of a local
2- 3 government are vested.
2- 4 (4) 'Local government' means any county or municipality
2- 5 of this state.
2- 6 (5) 'Owner' means any natural person or any legal
2- 7 entity, including, but not limited to, a corporation,
2- 8 partnership, firm, or trust owning, possessing,
2- 9 harboring, keeping, or having custody or control of a
2-10 dangerous dog or potentially dangerous dog within this
2-11 state. (6) 'Potentially dangerous dog' means any dog that
2-13 without provocation bites a human being on public or
2-14 private property at any time after March 31, 1989.
2-15 (7)(6) 'Proper enclosure' means an enclosure for keeping
2-16 a dangerous dog or potentially dangerous dog while on
2-17 the owner's property securely confined indoors or in a
2-18 securely enclosed and locked pen, fence, or structure
2-19 suitable to prevent the entry of young children and
2-20 designed to prevent the dog from escaping. Any such pen
2-21 or structure shall have secure sides and a secure top,
2-22 and, if the dog is enclosed within a fence, all sides of
2-23 the fence shall be of sufficient height and the bottom
2-24 of the fence shall be constructed or secured in such a
2-25 manner as to prevent the dog's escape either from over
2-26 or from under the fence. Any such enclosure shall also
2-27 provide protection from the elements for the dog.
2-28 (8)(7) 'Records of an appropriate authority' means
2-29 records of any state, county, or municipal law
2-30 enforcement agency; records of any county or municipal
2-31 animal control agency; records of any county board of
2-32 health; records of any federal, state, or local court;
2-33 or records of a dog control officer provided for in this
2-34 article.
2-35 (9)(8) 'Severe injury' means any physical injury that
2-36 results in broken bones or disfiguring lacerations
2-37 requiring multiple sutures or cosmetic surgery or a
2-38 physical injury that results in death.
2-39 (b) A dog that inflicts an injury upon a person when the
2-40 dog is being used by a law enforcement officer to carry
2-41 out the law enforcement officer's official duties shall
2-42 not be a dangerous dog or potentially dangerous dog within
-2-
3- 1 the meaning of this article. A dog shall not be a
3- 2 dangerous dog or a potentially dangerous dog within the
3- 3 meaning of this article if the injury inflicted by the dog
3- 4 was sustained by a person who, at the time, was committing
3- 5 a willful trespass or other tort or was tormenting,
3- 6 abusing, or assaulting the dog or had in the past been
3- 7 observed or reported to have tormented, abused, or
3- 8 assaulted the dog or was committing or attempting to
3- 9 commit a crime."
3-10 SECTION 2.
3-11 Said article is further amended by striking Code Section
3-12 4-8-23, relating to investigations by dog control officers
3-13 and notice of classification as dangerous dog, and inserting
3-14 in lieu thereof the following:
3-15 "4-8-23.
3-16 (a) Upon receiving a report of a dangerous dog or
3-17 potentially dangerous dog within a dog control officer's
3-18 jurisdiction from a law enforcement agency, animal control
3-19 agency, rabies control officer, or county board of health,
3-20 the dog control officer shall make such investigations and
3-21 inquiries with regard to such report as may be necessary
3-22 to carry out the provisions of this article. Any local
3-23 government shall be authorized but not required to provide
3-24 by ordinance or resolution for additional duties of a dog
3-25 control officer in identifying dangerous dogs or
3-26 potentially dangerous dogs and their owners to carry out
3-27 the provisions of this article.
3-28 (b) When a dog control officer classifies a dog as a
3-29 dangerous dog or reclassifies a potentially dangerous dog
3-30 as a dangerous dog, the dog control officer shall notify
3-31 the dog's owner in writing by certified mail to the
3-32 owner's last known address of such classification or
3-33 reclassification. Such notice shall be complete upon its
3-34 mailing."
3-35 SECTION 3.
3-36 Said article is further amended by striking Code Section
3-37 4-8-24, relating to procedures for classification as
3-38 dangerous dogs, and inserting in lieu thereof the following:
3-39 "4-8-24.
3-40 (a) As applied to the owners of potentially dangerous
3-41 dogs, the procedures provided for in this Code section
-3-
4- 1 must be carried out as a necessary condition for the
4- 2 enforcement of the provisions of this article against such
4- 3 owners. As applied to the owners of dangerous dogs, the
4- 4 procedures provided for in this Code section shall not be
4- 5 an essential element of any crime provided for in this
4- 6 article.
4- 7 (b) When a dangerous dog or a potentially dangerous dog is
4- 8 classified as such, the dog control officer shall notify
4- 9 the dog's owner of such classification.
4-10 (c) The notice to the owner shall meet the following
4-11 requirements:
4-12 (1) The notice shall be in writing and mailed by
4-13 certified mail to the owner's last known address;
4-14 (2) The notice shall include a summary of the dog
4-15 control officer's findings that formed the basis for the
4-16 dog's classification as a dangerous or potentially
4-17 dangerous dog;
4-18 (3) The notice shall be dated and shall state that the
4-19 owner, within 15 days after the date shown on the
4-20 notice, has a right to request a hearing on the dog
4-21 control officer's determination that the dog is a
4-22 dangerous dog or potentially dangerous dog;
4-23 (4) The notice shall state that the hearing, if
4-24 requested, shall be before the governing authority, the
4-25 board of health, or the animal control board of the
4-26 respective local government and shall specify the name
4-27 of the applicable agency which will conduct the hearing;
4-28 (5) The notice shall state that if a hearing is not
4-29 requested, the dog control officer's determination that
4-30 the dog is a dangerous dog or a potentially dangerous
4-31 dog will become effective for all purposes under this
4-32 article on a date specified in the notice, which shall
4-33 be after the last day on which the owner has a right to
4-34 request a hearing; and
4-35 (6) The notice shall include a form to request a hearing
4-36 before the applicable agency and shall provide specific
4-37 instructions on mailing or delivering such request to
4-38 the agency.
4-39 (d) When the governing authority, animal control board, or
4-40 local board of health, whichever is applicable, receives a
4-41 request for a hearing as provided in subsection (c) of
-4-
5- 1 this Code section, it shall schedule such hearing within
5- 2 30 days after receiving the request. The governing
5- 3 authority or board shall notify the dog owner in writing
5- 4 by certified mail of the date, time, and place of the
5- 5 hearing, and such notice shall be mailed to the dog owner
5- 6 at least ten days prior to the date of the hearing. At
5- 7 the hearing, the owner of the dog shall be given the
5- 8 opportunity to testify and present evidence and in
5- 9 addition thereto the governing authority or board shall
5-10 receive such other evidence and hear such other testimony
5-11 as the governing authority or board may find reasonably
5-12 necessary to make a determination either to sustain,
5-13 modify, or overrule the dog control officer's
5-14 classification of the dog.
5-15 (e) Within ten days after the date of the hearing, the
5-16 governing authority or board shall notify the dog owner in
5-17 writing by certified mail of its determination on the
5-18 matter. If such determination is that the dog is a
5-19 dangerous dog or a potentially dangerous dog, the notice
5-20 shall specify the date upon which that determination is
5-21 effective."
5-22 SECTION 4.
5-23 Said article is further amended by striking Code Section
5-24 4-8-25, relating to requirements for possessing a dangerous
5-25 dog, and inserting in lieu thereof the following:
5-26 "4-8-25.
5-27 (a) It is unlawful for an owner to have or possess within
5-28 this state a dangerous dog or potentially dangerous dog
5-29 without a certificate of registration issued in accordance
5-30 with the provisions of this Code section.
5-31 (b) Subject to the additional requirements of subsection
5-32 (c) of this Code section for dangerous dogs, the dog
5-33 control officer of a local government in which an owner
5-34 possesses a dangerous dog or potentially dangerous dog
5-35 shall issue a certificate of registration to the owner of
5-36 such dog if the owner presents to the dog control officer
5-37 or the dog control officer otherwise finds sufficient
5-38 evidence of:
5-39 (1) A proper enclosure to confine the dangerous dog or
5-40 potentially dangerous dog; and
5-41 (2)(A) The posting of the premises where the dangerous
5-42 dog or potentially dangerous dog is located with a
-5-
6- 1 clearly visible sign warning that there is a dangerous
6- 2 dog on the property.
6- 3 (B) The Department of Natural Resources shall design a
6- 4 uniform symbol for the purpose of implementing
6- 5 subparagraph (A) of this paragraph no later than July
6- 6 1, 1989, and shall provide copies of the design to the
6- 7 governing authority of each county and municipality of
6- 8 this state. The sign required to be posted by
6- 9 subparagraph (A) of this paragraph shall conform
6-10 substantially to the design provided by the Department
6-11 of Natural Resources pursuant to this subparagraph.
6-12 (C) The requirement of subparagraph (A) of this
6-13 paragraph shall become effective 60 days following the
6-14 day the uniform design specified in subparagraph (B)
6-15 of this paragraph is distributed to the governing
6-16 authority of each county and municipality of the
6-17 state.
6-18 (c) In addition to the requirements of subsection (b) of
6-19 this Code section, the owner of a dangerous dog shall
6-20 present to the dog control officer evidence of:
6-21 (1) A policy of insurance in the amount of at least
6-22 $15,000.00 issued by an insurer authorized to transact
6-23 business in this state insuring the owner of the
6-24 dangerous dog against liability for any personal
6-25 injuries inflicted by the dangerous dog; or
6-26 (2) A surety bond in the amount of $15,000.00 or more
6-27 issued by a surety company authorized to transact
6-28 business in this state payable to any person or persons
6-29 injured by the dangerous dog.
6-30 (d) The owner of a dangerous dog or potentially dangerous
6-31 dog shall notify the dog control officer within 24 hours
6-32 if the dog is on the loose, is unconfined, has attacked a
6-33 human, has died, or has been sold or donated. If the dog
6-34 has been sold or donated, the owner shall also provide the
6-35 dog control officer with the name, address, and telephone
6-36 number of the new owner of the dog.
6-37 (e) The owner of a dangerous dog or potentially dangerous
6-38 dog shall notify the dog control officer if the owner is
6-39 moving from the dog control officer's jurisdiction. The
6-40 owner of a dangerous dog or potentially dangerous dog who
6-41 is a new resident of the State of Georgia shall register
6-42 the dog as required in this Code section within 30 days
-6-
7- 1 after becoming a resident. The owner of a dangerous dog
7- 2 or potentially dangerous dog who moves from one
7- 3 jurisdiction to another within the State of Georgia shall
7- 4 register the dangerous dog or potentially dangerous dog in
7- 5 the new jurisdiction within ten days after becoming a
7- 6 resident.
7- 7 (f) Issuance of a certificate of registration or the
7- 8 renewal of a certificate of registration by a local
7- 9 government does not warrant or guarantee that the
7-10 requirements specified in subsections (b) and (c) of this
7-11 Code section are maintained by the owner of a dangerous
7-12 dog or potentially dangerous dog on a continuous basis
7-13 following the date of the issuance of the initial
7-14 certificate of registration or following the date of any
7-15 annual renewal of such certificate.
7-16 (g) A dog control officer is authorized to make whatever
7-17 inquiry is deemed necessary to ensure compliance with the
7-18 provisions of this article. Law enforcement agencies of
7-19 local governments and the sheriffs of counties shall
7-20 cooperate with dog control officers in enforcing the
7-21 provisions of this article.
7-22 (h) A local government may charge an annual fee, in
7-23 addition to regular dog-licensing fees, to register
7-24 dangerous dogs and potentially dangerous dogs as required
7-25 in this Code section. Certificates of registration shall
7-26 be renewed on an annual basis. At the time of the annual
7-27 renewal of a certificate of registration, a dog control
7-28 officer shall require evidence from the owner or make such
7-29 investigation as may be necessary to verify that the
7-30 dangerous dog or potentially dangerous dog is continuing
7-31 to be confined in a proper enclosure and that the owner is
7-32 continuing to comply with other provisions of this
7-33 article."
7-34 SECTION 5.
7-35 Said article is further amended by striking Code Section
7-36 4-8-26, relating to restrictions on permitting dangerous
7-37 dogs or potentially dangerous dogs to be outside proper
7-38 enclosure, and inserting in lieu thereof the following:
7-39 "4-8-26.
7-40 (a) It is unlawful for an owner of a dangerous dog to
7-41 permit the dog to be outside a proper enclosure unless the
7-42 dog is muzzled and restrained by a substantial chain or
-7-
8- 1 leash and is under the physical restraint of a responsible
8- 2 person. The muzzle shall be made in a manner that will
8- 3 not cause injury to the dog or interfere with its vision
8- 4 or respiration but will prevent it from biting any person. (b) It is unlawful for the owner of a potentially
8- 6 dangerous dog to permit the dog to be outside a proper
8- 7 enclosure unless the dog is restrained by a substantial
8- 8 chain or leash and is under the restraint of a responsible
8- 9 person."
8-10 SECTION 6.
8-11 Said article is further amended by striking Code Section
8-12 4-8-27, relating to confiscation of dogs, and inserting in
8-13 lieu thereof the following:
8-14 "4-8-27.
8-15 (a) A dangerous dog shall be immediately confiscated by
8-16 the dog control officer or by a law enforcement officer or
8-17 by another person authorized by the dog control officer if
8-18 the:
8-19 (1) Owner of the dog does not secure the liability
8-20 insurance or bond required by subsection (c) of Code
8-21 Section 4-8-25;
8-22 (2) Dog is not validly registered as required by Code
8-23 Section 4-8-25;
8-24 (3) Dog is not maintained in a proper enclosure; or
8-25 (4) Dog is outside a proper enclosure in violation of
8-26 subsection (a) of Code Section 4-8-26. (b) A potentially dangerous dog shall be confiscated in
8-28 the same manner as a dangerous dog if the dog is: (1) Not validly registered as required by Code Section
8-30 4-8-25; (2) Not maintained in a proper enclosure; or (3) Outside a proper enclosure in violation of
8-33 subsection (b) of Code Section 4-8-26.
8-34 (c)(b) Any dog that has been confiscated under the
8-35 provisions of subsection (a) or (b) of this Code section
8-36 shall be returned to its owner upon the owner's compliance
8-37 with the provisions of this article and upon the payment
8-38 of reasonable confiscation costs. In the event the owner
8-39 has not complied with the provisions of this article
-8-
9- 1 within 20 days of the date the dog was confiscated, said
9- 2 dog shall be destroyed in an expeditious and humane
9- 3 manner."
9- 4 SECTION 7.
9- 5 Said article is further amended by striking Code Section
9- 6 4-8-28, relating to penalties, and inserting in lieu thereof
9- 7 the following:
9- 8 "4-8-28.
9- 9 (a) The owner of a dangerous dog who violates the
9-10 applicable provisions of Code Section 4-8-25 or Code
9-11 Section 4-8-26 or whose dangerous dog is subject to
9-12 confiscation under subsection (a) of Code Section 4-8-27
9-13 shall be guilty of a misdemeanor of high and aggravated
9-14 nature. In addition to any confinement that might be
9-15 imposed for a conviction under this subsection, for the
9-16 second conviction a fine of not less than $500.00 shall be
9-17 imposed and for a third or subsequent conviction a fine of
9-18 not less than $750.00 shall be imposed. (b) The owner of a potentially dangerous dog who violates
9-20 the applicable provisions of Code Section 4-8-25 or Code
9-21 Section 4-8-26 or whose potentially dangerous dog is
9-22 subject to confiscation under subsection (b) of Code
9-23 Section 4-8-27 shall be guilty of a misdemeanor. In
9-24 addition to any confinement that might be imposed for a
9-25 conviction under this subsection, for a second conviction
9-26 a fine of not less than $150.00 shall be imposed and for a
9-27 third or subsequent conviction a fine of not less than
9-28 $300.00 shall be imposed.
9-29 (c)(b) If an owner who has a previous conviction for a
9-30 violation of this article knowingly and willfully fails to
9-31 comply with the provisions of this article, such owner
9-32 shall be guilty of a felony if the owner's dangerous dog
9-33 attacks or bites a human being under circumstances
9-34 constituting another violation of this article. The owner
9-35 of a dangerous dog who is convicted for a violation of
9-36 this subsection shall be punished by a fine of not less
9-37 than $1,000.00 nor more than $5,000.00, or by imprisonment
9-38 for not less than one nor more than five years, or by both
9-39 such fine and imprisonment.
9-40 (d)(c) An owner who knowingly and willfully fails to
9-41 comply with the provisions of this article shall be guilty
9-42 of a felony if the owner's dangerous dog aggressively
-9-
10- 1 attacks and causes severe injury to or death of a human
10- 2 being under circumstances constituting a violation of this
10- 3 article. The owner of a dangerous dog who is convicted
10- 4 for a violation of this subsection shall be punished by a
10- 5 fine of not less than $5,000.00 nor more than $10,000.00,
10- 6 or by imprisonment for not less than one nor more than ten
10- 7 years, or by both such fine and imprisonment.
10- 8 (e)(d) In addition to the penalties for violations under
10- 9 subsection (c) or (d) of this Code section, the dangerous
10-10 dog involved shall be immediately confiscated by the dog
10-11 control officer or by a law enforcement officer or another
10-12 person authorized by the dog control officer and placed in
10-13 quarantine for the proper length of time as determined by
10-14 the county board of health, and, thereafter, the dangerous
10-15 dog shall be destroyed in an expeditious and humane
10-16 manner.
10-17 (f)(e) No owner of a dangerous dog shall be held
10-18 criminally liable under this article for injuries
10-19 inflicted by said owner's dog to any human being while on
10-20 the owner's property."
10-21 SECTION 8.
10-22 Said article is further amended by striking Code Section
10-23 4-8-29, relating to the supplementary nature of this
10-24 article, and inserting in lieu thereof the following:
10-25 "4-8-29.
10-26 (a) The provisions of this article are in addition to and
10-27 supplementary of any previously existing laws of this
10-28 state and shall not be construed to repeal or supersede
10-29 such previously existing laws.
10-30 (b) It is the intention of this article to establish as
10-31 state law minimum standards and requirements for the
10-32 control of dangerous dogs and potentially dangerous dogs
10-33 and to provide for certain state crimes for violations of
10-34 such minimum standards and requirements. However, this
10-35 article shall not supersede or invalidate existing
10-36 ordinances or resolutions of local governments or prohibit
10-37 local governments from adopting and enforcing ordinances
10-38 or resolutions which provide for more restrictive control
10-39 of dogs, including a more restrictive definition of a
10-40 dangerous dog or potentially dangerous dog, than the
10-41 minimum standards and requirements provided for in this
10-42 article."
-10-
11- 1 SECTION 9.
11- 2 Said article is further amended by striking Code Section
11- 3 4-8-30, relating to liability for damages, and inserting in
11- 4 lieu thereof the following:
11- 5 "4-8-30.
11- 6 It is the intent of the General Assembly that the owner of
11- 7 a dangerous dog or potentially dangerous dog shall be
11- 8 solely liable for any injury to or death of a person
11- 9 caused by such dog. Under no circumstances shall a local
11-10 government or any employee or official of a local
11-11 government which enforces or fails to enforce the
11-12 provisions of this article be held liable for any damages
11-13 to any person who suffers an injury inflicted by a dog
11-14 that has been identified as being a dangerous dog or
11-15 potentially dangerous dog or by a dog that has been
11-16 reported to the proper authorities as being a dangerous
11-17 dog or potentially dangerous dog or by a dog that a local
11-18 government has failed to identify as a dangerous dog or
11-19 potentially dangerous dog or by a dog which has been
11-20 identified as being a dangerous dog or potentially
11-21 dangerous dog but has not been kept or restrained in the
11-22 manner described in subsection (b) of Code Section 4-8-25
11-23 or by a dangerous dog or potentially dangerous dog whose
11-24 owner has not maintained insurance coverage or a surety
11-25 bond as required in subsection (c) of Code Section
11-26 4-8-25."
11-27 SECTION 10.
11-28 This Act shall become effective on July 1, 1999.
11-29 SECTION 11.
11-30 All laws and parts of laws in conflict with this Act are
11-31 repealed.
-11-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 03/16/99
