This section comprises Georgia's Humane Care for Equines Act. The act states that it is unlawful for the owner of any equine to fail to provide adequate food and water to such equine; to fail to provide humane care for such equine; or to unnecessarily overload, overdrive, torment, or beat any equine or to cause the death of any equine in a cruel or inhumane manner. The Act also outlines procedures for the care impounded of equines as well as disposal procedures, which includes auction and euthanasia, when the owner cannot be found or refuses to enter into a consent order. Violation of this chapter results a misdemeanor.
§ 4-13-1 . Short title
§ 4-13-2 . Definitions
§ 4-13-3 . Prohibited acts or omissions
§ 4-13-4 . Inspections; impoundment, care, and disposition of equines
§ 4-13-5 . Powers and duties of persons impounding equines; lien for costs of caring of equine; return of equine to owner
§ 4-13-6 . Notice to owner of impoundment
§ 4-13-7 . Disposal of equine through sale or euthanasia
§ 4-13-8 . Injunctions and restraining orders
§ 4-13-9 . Rules and regulations
§ 4-13-10 . Violations
This chapter shall be known and may be cited as the “Humane Care for Equines Act.”
Laws 1992, p. 2398, § 2 and Laws 1992, p. 3214, § 1; Laws 2016, Act 348, § 7, eff. April 26, 2016.
Laws 1992, p. 2398, § 2 and Laws 1992, p. 3214, § 1.
If the owner of the equine cannot be found, if the owner refuses to enter into a consent order or to provide a written assurance that such equine will be given humane care and adequate food, water, shelter, and veterinary care, or if the owner fails to comply with this chapter after having entered into a consent order or having given a written assurance on a previous occasion, the Commissioner or his designated agent, the sheriff, any deputy sheriff, or any other law enforcement officer may dispose of the equine through sale at a public auction or by sealed bids or, if such equine is in a physical condition such that euthanasia is the only reasonable course of action, by humanely disposing of the equine. Prior to disposing of an equine through sale or euthanasia, the Commissioner or his designated agent, the sheriff, any deputy sheriff, or any other law enforcement officer shall make a reasonable effort to locate the owner and, if the owner cannot be located after reasonable effort, the sale or euthanasia may proceed. Any proceeds from the sale of such equine shall be used first to pay the costs of care given the equine and any funds remaining shall be paid into the state treasury if the equine was impounded by the Commissioner or his designated agent or into the county treasury if the equine was impounded by the sheriff, a deputy sheriff, or other law enforcement officer.
In addition to the remedies provided in this chapter or elsewhere in the laws of this state and notwithstanding the existence of an adequate remedy at law, the Commissioner is authorized to apply to the superior courts for an injunction or restraining order. Such courts shall have jurisdiction and for good cause shown shall 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 chapter or any rules and regulations promulgated under this chapter. 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.