06 LC
25 4212
House
Bill 1174
By:
Representatives Mumford of the
95th,
Williams of the
89th,
and Holt of the
112th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 11 of Title 4 of the Official Code of Georgia
Annotated, relating to general provisions relative to animal protection, so as
to change certain provisions relating to display of licenses; to provide for
licensing and compliance of separate places of business of pet dealers and
kennel operators; to change certain provisions relating to injunctions and
restraining orders; to provide remedies for private parties; to provide an
effective date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
1 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating
to general provisions relative to animal protection, is amended by striking Code
Section 4-11-4, relating to display of licenses, and inserting in lieu thereof
the following:
"4-11-4.
(a)
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.
(b)
Each location at which a pet dealer or kennel operator maintains any animal or
animals used in any manner in the business or maintains more than three animals
of the species used in the business shall be a separate place of business as a
matter of law, must be separately licensed, and must be in conformity with local
zoning and business licensing regulations for that type of
business."
SECTION
2.
Said
article is further amended by striking Code Section 4-11-15, relating to
injunctions and restraining orders, and inserting in lieu thereof the
following:
"4-11-15.
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,
any injured private party, or, where
authorized by the local governing authority, the city or county attorney is
authorized to apply to the superior court for an injunction or restraining
order. The court shall for good cause shown grant a temporary or permanent
injunction or an ex parte or restraining order, restraining or enjoining any
person, partnership, firm, corporation, or other entity from violating and
continuing to violate this article, any rules and regulations promulgated under
this article, Code Section 16-12-4, or Code Section 16-12-37
and in the
case of an injured private party may award
damages. Such injunction or restraining
order shall be issued without bond and may be granted notwithstanding the fact
that the violation constitutes a criminal act and notwithstanding the pendency
of any criminal prosecution for the same
violation."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.