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.
Chapter 1 - GENERAL PROVISIONS
Sec. 1-8. - General penalty; continuing violations; abatement of nuisances.
Chapter 4 - ANIMALS AND FOWL
Sec. 4-1. - Definitions.
Sec. 4-2. - Enforcement of chapter.
Sec. 4-5. - Public and specific nuisances prohibited.
Sec. 4-6. - Dangerous animals.
Sec. 4-14. - Abandonment or abuse.
Sec. 4-15. - Training for fighting prohibited.
Chapter 1 - GENERAL PROVISIONS
Sec. 1-8. - General penalty; continuing violations; abatement of nuisances.
(a) Whenever in this Code or in any ordinance of the city amending this Code, any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such Code, ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of this Code or any ordinance shall be punished by a fine not to exceed one thousand dollars ($1,000.00), or by imprisonment for a period not to exceed six (6) months, or both, or by fine, imprisonment or alternative sentencing as provided by law. Each day any violation of any provision of this Code or of any ordinance shall continue shall constitute a separate offense.
(b) In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this Code or any ordinance shall be deemed a public nuisance and may be abated by the city, as provided by law, and each day that such condition continues shall be regarded as a new and separate offense.
(Code 1973, § 2-105)
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Chapter 4 - ANIMALS AND FOWL
The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Abused animal means any animal which is:
(1) Mistreated, beaten, tormented or teased;
(2) Deprived of water, food or shelter;
(3) Kept under unsanitary conditions;
(4) Abandoned; or
(5) Trained for fighting other animals.
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Dangerous animal means any animal which constitutes a physical threat to human beings or domestic animals by virtue of a known propensity to endanger life by an unprovoked assault or by biting so as to cause serious bodily harm or an animal trained, owned or harbored for the purpose, primarily or in part, of animal fighting. An animal shall not be deemed dangerous if it:
(1) Bites, attacks or menaces anyone assaulting the owner, a trespasser on the property of the owner, or any person or other animal who has tormented or abused it;
(2) Is otherwise acting in defense of an attack from a person or other animal upon the owner or other person; or
(3) Is protecting or defending its young or other animal.
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Public nuisance or public nuisance animal means:
(1) A dog which is found at large in violation of section 4-9 or 4-11
(2) A cat or dog which is unlicensed (unregistered) in violation of section 4-12
(3) A dog which is trained, owned or harbored for the purpose, primarily or in part, of dog fighting;
(4) An animal which is dangerous and is not restrained or confined, as provided for in sections 4-10 and 4-11
(5) An animal which produces, because of quantity, manner or method in which the animals are domesticated or maintained, unsanitary conditions in the city; or
(6) An animal which is inimical to the public health, welfare or safety according to the rules and regulations promulgated by the county board of health.
(Ord. No. 852, § 1(4-1), 5-24-93)
Sec. 4-2. - Enforcement of chapter.
(a) Complaint; owner to appear before judge of municipal court. Upon information made known to or complaint lodged with the county animal control center that any owner, possessor or custodian of any animal is in violation of this chapter, the county animal control center shall cause a summons to be issued requiring the owner, possessor or custodian of the animal to appear before the judge of the municipal court on a day and time certain, then and there to stand trial for the violation of this chapter. If a violation of this chapter has not been personally witnessed by employees of the county animal control center, a subpoena shall be issued to the person making the complaint to be and appear on the day and time set for trial to testify. The city will refuse to respond to anonymous complaints.
(b) Impoundment of animal. If the owner, possessor or custodian of any animal is not known and such animal is upon the public streets, alleys, sidewalks, school grounds, or other public places or premises or the property of another without that property owner's permission as provided by this chapter, upon complaint made to or information made known to the animal control center, it shall be the duty of the animal control center to take possession of such animal and impound it in the county animal control shelter. Once impounded, the animal shall be kept for the period of time defined by the county code pertaining to animal control; thereafter, if the animal is not claimed by anyone after a reasonable effort has been made to locate the owner, possessor or custodian of the animal as hereinafter provided, the animal may be disposed of in a humane fashion or in accordance with the provisions of O.C.G.A. tit. 4, ch. 1 (O.C.G.A. § 4-1-1 et seq.).
(Ord. No. 852, § 1(4-2), 5-24-93)
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Sec. 4-5. - Public and specific nuisances prohibited.
(a) It shall be unlawful to knowingly keep, own, harbor, or act as custodian or caretaker of a public nuisance animal as defined in section 4-1
(b) All complaints of specific nuisance animals shall be made in writing to the city manager or his designee. Each such complaint shall:
(1) Identify the animal complained of;
(2) Contain a statement of the facts and circumstances which allegedly constitute conduct prohibited by this chapter; and
(3) Identify the owner, possessor, custodian or caretaker of such animal. Upon receipt of a complete, specific nuisance complaint, the city manager or his designee shall cause a summons to issue requiring the owner, possessor, custodian or caretaker to appear in the municipal court on a date and time certain to show cause as to why appropriate civil remedies and/or punishments as provided in the city Code should not be ordered or imposed. In all such cases, the complainant shall also be required to appear and give evidence in support of the specific nuisance allegations.
(Ord. No. 852, § 1(4-5), 5-24-93; Ord. No. 856, § 1, 9-27-93)
Sec. 4-6. - Dangerous animals.
If a police officer of the city has probable cause to believe that a dangerous animal is being harbored in violation of this chapter, such officer may:
(1) Order the violation immediately corrected and cite the owner or keeper to appear in municipal court for the violation; or
(2) If the violation cannot be immediately corrected and the animal is posing an imminent, serious threat to human beings or other domestic animals, the police officer shall advise the county animal control center and the animal may be seized and impounded by the county animal control center in accordance with provisions of the county code pertaining to animal control.
(Ord. No. 852, § 1(4-6), 5-24-93)
State law reference— Dangerous dog control law, O.C.G.A. § 4-8-20 et seq .
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Sec. 4-14. - Abandonment or abuse.
It shall be unlawful for anyone to knowingly abandon or abuse any domesticated animal within the city. Any person who knowingly abandons or abuses, or willingly permits such abandonment or abuse, or aids in the abandonment or abuse of any domesticated animal shall be guilty of an offense.
(Ord. No. 852, § 1(4-14), 5-24-93)
State law reference— Georgia Animal Protection Act, O.C.G.A. § 4-11-1 et seq .; cruelty to animals, O.C.G.A. § 16-12-4.
Sec. 4-15. - Training for fighting prohibited.
It shall be prohibited for any person to keep, buy, sell, trade, exchange, give, transport, or deliver any animal:
(1) For the purpose of training the animal, primarily or in part, for animal fighting;
(2) Which has been trained, primarily or in part, for animal fighting;
(3) Which has been or is intended to be engaged in any manner in animal fighting.
(Ord. No. 852, § 1(4-15), 5-24-93)
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