05 LC 21 8141S
(SCS)
Senate
Bill 111
By:
Senators Goggans of the 7th, Chapman of the 3rd, Bulloch of the 11th, Pearson of
the 51st and Whitehead, Sr. of the 24th
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating
to general provisions relative to nuisances, so as to preclude any companion
animal establishment from being or becoming a nuisance solely as a result of
changed conditions in or around the locality of the establishment; to provide
for immunity from civil or criminal actions relating to noise from a companion
animal establishment under certain conditions; to exempt certain conduct from
changes in certain ordinances, rules, or regulations; to provide an effective
date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
1 of Title 41 of the Official Code of Georgia Annotated, relating to general
provisions relative to nuisances, is amended by adding a new Code section to
read as follows:
"41-1-10.
(a)
As used in this Code section, the term:
(1)
'Changed conditions' means any one or more of the following:
(A)
Any change in the use of land in the area of a companion animal
establishment;
(B)
An increase in the magnitude of an existing use of land in or around the
locality of a companion animal establishment and includes, but is not limited
to, urban sprawl into an area in or around the locality of a companion animal
establishment, or an increase in the number of persons making any such use or an
increase in the frequency of such use; or
(C)
The construction or location of improvements on land in or around the locality
of a companion animal establishment closer to a companion animal establishment
than those improvements located on such land at the time of commencement of the
operation of the companion animal establishment at issue.
(2)
'Companion animal' means any animal that is commonly kept by persons as a pet or
for companionship and has been domesticated so as to live and breed in a tame
condition. Such term includes but is not limited to any of the following
animals if domesticated: dogs, cats, ferrets, gerbils, guinea pigs, hamsters,
equines, and rabbits.
(3)
'Companion animal establishment' means any facility in operation for at least
one year used to house companion animals; provided, however, that such term
shall not include any facility that is required to be licensed by the Department
of Agriculture but which is not so licensed.
(4)
'Unit of government' means any county, municipality, or other political
subdivision or any department, agency, or authority thereof.
(b)
No companion animal establishment shall be or shall become a nuisance, either
public or private, solely as a result of changed conditions in or around the
locality of such companion animal establishment since the date on which it
commenced operation. Subsequent physical expansion, increased capacity, or
expansion of scope to serve additional species of animals of the companion
animal establishment shall not establish a new date of commencement of
operations for purposes of this Code section.
(c)
No companion animal establishment or unit of government or person owning,
operating, or using a companion animal establishment shall be subject to any
action for civil or criminal liability, damages, abatement, or injunctive relief
resulting from or relating to noise generated by the operation of the companion
animal establishment if the companion animal establishment remains in compliance
with noise control or nuisance abatement rules, regulations, statutes, or
ordinances applicable to the companion animal establishment on the date on which
it commenced operation.
(d)
No rules, regulations, statutes, or ordinances relating to noise control, noise
pollution, or noise abatement adopted or enacted by a unit of government shall
be applied retroactively to prohibit conduct at a companion animal
establishment, which conduct was lawful and being engaged in prior to the
adoption or enactment of such rules, regulations, statutes, or
ordinances.
(e)
Nothing in this Code section shall affect enforcement of any provision of Title
4 or Code Section
16-12-4."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.