Georgia

Share |

GA - Equine Liability Act - Chapter 12. Injuries from Equine or Llama Activities.

Summary: This act stipulates that an equine sponsor or professional, or a llama sponsor or professional, or any other person, including corporations, are immune from liability for the death or injury of a participant, which resulted from the inherent risks of equine or llama activities.   However, there are exceptions to this rule:   A person will be held liable for injuries if they display a willful and wanton or intentional disregard for the safety of the participant and if they fail to make reasonable and prudent efforts in ensuring the safety of the participant.

This act stipulates that an equine sponsor or professional, or a llama sponsor or professional, or any other person, including corporations, are immune from liability for the death or injury of a participant, which resulted from the inherent risks of equine or llama activities.   However, there are exceptions to this rule:   A person will be held liable for injuries if they display a willful and wanton or intentional disregard for the safety of the participant and if they fail to make reasonable and prudent efforts in ensuring the safety of the participant.

GA - Deer Hunting - § 27-5-12. Unlawful to kill or wound farmed deer or wild animal held

Summary: Under this Georgia statute, it is unlawful to shoot, kill, or wound any wild animal held under a wild animal license or permit or any farmed deer for enjoyment, gain, amusement, or sport.

Under this Georgia statute, it is unlawful to shoot, kill, or wound any wild animal held under a wild animal license or permit or any farmed deer for enjoyment, gain, amusement, or sport.

GA - Hunting - Chapter 3. Wildlife Generally

Summary: Georgia is unique as it prohibits the killing, possession, sale, and transporting of eagles and other migratory birds except for the transportation of feathers into the state of non-migratory birds for millinery purposes (the making of hats or headdresses).

Georgia is unique as it prohibits the killing, possession, sale, and transporting of eagles and other migratory birds except for the transportation of feathers into the state of non-migratory birds for millinery purposes (the making of hats or headdresses).

GA - Endangered - Article 5. Protection of Endangered Wildlife

Summary: These statutes provide for the definition of "protected" species and outline the duties of the board responsible for enforcing Georgia's endangered species law.  Included in the Board's duties are inventorying and designating listed species and promulgating regulations.  Violation of these regulations results in a misdemeanor.

These statutes provide for the definition of "protected" species and outline the duties of the board responsible for enforcing Georgia's endangered species law.  Included in the Board's duties are inventorying and designating listed species and promulgating regulations.  Violation of these regulations results in a misdemeanor.

N.E. GA. PET RESCUE, INC. and DONALD L. GILBERT, plaintiffs v. ELBERT COUNTY, defendant

Summary: In this Georgia case, plaintiff ran a pet rescue out of his home. Defendant Elbert County enacted an ordinance effective in October 2005 that requires every owner or custodian of more than 15 dogs to obtain a kennel license from the Elbert County Animal Control Department. To obtain this license, the applicant must be ". . . accompanied by a written statement signed by the head of household of each residence located within 1,200 feet of the kennel or proposed location of the kennel, stating that said resident does not object to the location and operation of a kennel at said location or proposed location." Plaintiff was unable to obtain these signed statements. He then challenged the ordinance as unconstitutional and unenforceable because it conditions the granting of a license upon the completely arbitrary and subjective approval of neighbors and uses an unconstitutionally vague term ("head of household"). In the consent agreement between the parties, Elbert County agreed to stay enforcement of the ordinance and give plaintiff sufficient notice to again file injunctive relief if it chooses to amend the ordinance.

In this Georgia case, plaintiff ran a pet rescue out of his home. Defendant Elbert County enacted an ordinance effective in October 2005 that requires every owner or custodian of more than 15 dogs to obtain a kennel license from the Elbert County Animal Control Department. To obtain this license, the applicant must be ". . . accompanied by a written statement signed by the head of household of each residence located within 1,200 feet of the kennel or proposed location of the kennel, stating that said resident does not object to the location and operation of a kennel at said location or proposed location." Plaintiff was unable to obtain these signed statements. He then challenged the ordinance as unconstitutional and unenforceable because it conditions the granting of a license upon the completely arbitrary and subjective approval of neighbors and uses an unconstitutionally vague term ("head of household"). In the consent agreement between the parties, Elbert County agreed to stay enforcement of the ordinance and give plaintiff sufficient notice to again file injunctive relief if it chooses to amend the ordinance.

GA - Banks County - Chapter 14 (Article 3: Domestic Animals) & Appendix A: Zoning

Summary: In Banks County, Georgia, the number of dogs a person may own depends on the zone in which the person's property is located. The following ordinances indicate the zones and the numbers, as well as provide additional restrictions on dogs located within certain zones.

In Banks County, Georgia, the number of dogs a person may own depends on the zone in which the person's property is located. The following ordinances indicate the zones and the numbers, as well as provide additional restrictions on dogs located within certain zones.

GA - Avondale Estates - Chapter 1: General Provisions & Chapter 4: Animals and Fowl

Summary: In Avondale Estates, Georgia, animal fighting is not only prohibited by ordinance, but an animal trained for fighting is also considered a public nuisance, and an abused and dangerous animal. This ordinance provides provisions for each of the respective categories, as well as penalties for the violations. Notably, the city will not respond to a citizen's compliant about a violation of this chapter if the citizen chooses to remain anonymous.

In Avondale Estates, Georgia, animal fighting is not only prohibited by ordinance, but an animal trained for fighting is also considered a public nuisance, and an abused and dangerous animal. This ordinance provides provisions for each of the respective categories, as well as penalties for the violations. Notably, the city will not respond to a citizen's compliant about a violation of this chapter if the citizen chooses to remain anonymous.

GA - Alto - Hoarding - Article 1: Animal Control ( §§ 6-2, 6-16, 6-40, 6-41)

Summary: This Alto, Georgia hoarding ordinance makes it a crime to collect animals while failing to provide them with humane/adequate care; to collect dead animals that are not properly disposed of; and to collect, house, or harbor animals in filthy, unsanitary conditions that constitute a health hazard to the animals being kept, and/or to the animals or residents of adjacent property. A person found guilty of hoarding animals may not own, possess, or have on his or her premises in Alto any animal for one year from the date of conviction. Additionally, a person may also face fines not to exceed $1,000 or may also face imprisonment not to exceed 6 months or both.

This Alto, Georgia hoarding ordinance makes it a crime to collect animals while failing to provide them with humane/adequate care; to collect dead animals that are not properly disposed of; and to collect, house, or harbor animals in filthy, unsanitary conditions that constitute a health hazard to the animals being kept, and/or to the animals or residents of adjacent property. A person found guilty of hoarding animals may not own, possess, or have on his or her premises in Alto any animal for one year from the date of conviction. Additionally, a person may also face fines not to exceed $1,000 or may also face imprisonment not to exceed 6 months or both.

I.B. Sirmans v. State

Summary: Defendant was convicted of four counts of animal cruelty and one count of simple assault. The portion of the sentence depriving defendant of animals which the State failed to demonstrate were abused vacated and case remanded; judgment affirmed in all other respects because the motion to suppress was properly denied, and defendant was not prejudiced by the trial court's refusal to sever the trial.

Defendant was convicted of four counts of animal cruelty and one count of simple assault. The portion of the sentence depriving defendant of animals which the State failed to demonstrate were abused vacated and case remanded; judgment affirmed in all other respects because the motion to suppress was properly denied, and defendant was not prejudiced by the trial court's refusal to sever the trial.

Griffith v. State

Summary: Defendant was indicted under Ga. Penal Code § 703, which prohibited one from instigating, engaging in, or doing anything furtherance of the an act or cruelty to a domestic animal. Ga. Penal Code § 705 defined cruelty as every willful act, omission or neglect, whereby unjustifiable physical pain, suffering, or death is caused or permitted. The court affirmed the conviction, finding that the law provided that a domestic animal, such as a horse, should be sheltered and cared for by his owner. The jury was authorized to find that the defendant willfully abandoned the horse by turning the horse out to the elements, and failing to feed, shelter, or care for the animal. Such conduct was "willful." The court affirmed the judgment of the superior court on the jury's conviction of defendant for cruelty to animals.

Defendant was indicted under Ga. Penal Code § 703, which prohibited one from instigating, engaging in, or doing anything furtherance of the an act or cruelty to a domestic animal. Ga. Penal Code § 705 defined cruelty as every willful act, omission or neglect, whereby unjustifiable physical pain, suffering, or death is caused or permitted. The court affirmed the conviction, finding that the law provided that a domestic animal, such as a horse, should be sheltered and cared for by his owner. The jury was authorized to find that the defendant willfully abandoned the horse by turning the horse out to the elements, and failing to feed, shelter, or care for the animal. Such conduct was "willful." The court affirmed the judgment of the superior court on the jury's conviction of defendant for cruelty to animals.

Share |