§ 14-2. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned animal means that any domesticated animal shall be considered abandoned, for the purposes of this article, which shall have been placed upon public property or within a public building unattended or uncared for, or upon or within the private property of another without the express permission of the owner, custodian or tenant of the private property and is unattended or uncared for. Any domesticated animal shall also be considered as abandoned, for the purposes of this article, which shall have been upon or within the property of the owner or custodian of this animal for a period of time in excess of 36 hours unattended and without proper food and water.

Abused animal means any animal which is mistreated, beaten, tormented or teased, or is deprived of water, food or shelter, or is kept under unsanitary conditions, or is abandoned, or is trained for fighting other animals.

Adequate care means exhibiting attention to the needs of an animal, including but not limited to, the provision of food, water, shelter, sanitary, safe and healthy conditions, and adequate and timely veterinary medical attention necessary to maintain good health for the specific age, size, species and breed of animal.

Adequate food means sufficient quantity of non-contaminated and nutritionally healthy sustenance that is appropriate to the species, breed, size, age and health of the animal, or at the direction of a licensed veterinarian; which is sufficient to prevent starvation, malnutrition, or risk to the animal's health. Garbage, spoiled, rancid or contaminated food is not adequate food.

Adequate shelter means a protective covering for a domestic animal that provides adequate space and protection to maintain the animal in a state of good health, and that prevents pain, suffering, or significant risk to the animal's health. Adequate shelter shall consist of a completely enclosed structure with four sides, a constructed floor, and a roof with a door opening. It should also be clean, dry and compatible with current weather conditions, in addition to age, size, species and condition of the animal. The structure should be of sufficient size to allow the animal to stand, turn around, lie down and go in and out of the structure comfortably. To be adequate, some type of bedding that is quick drying, such as hay or pine straw, must be provided to maintain comfortable temperatures within the structure during times when the ambient, outside temperature is below freezing. In addition, the structure shall include a heavy plastic or rubber flap to cover the door and/or window openings during the months of November through March. From April through October, the structure shall either be shaded or moved out of direct sunlight. If the shelter is made of wood, it shall be raised at least two inches off the ground to prevent seepage or rotting. Examples of inadequate shelter include, but are not limited to, lean-tos, metal or plastic drums, boxes, abandoned vehicles, porches, decks, or material that does not provide sufficient protection from the elements.

Adequate water means clean, fresh, potable water sufficient to prevent dehydration and properly sustain health presented in a clean dish, free from contamination. Examples of inadequate water include, but are not limited to, snow, ice and rancid/contaminated water.

Animal at large means an animal not under restraint.

Animal control center means the facility designated for the detention of animals by the Chamblee City Council and under the supervision of the Chamblee Public Works Director. It is staffed with such personnel as may, from time to time, be authorized in the city budget and appropriations.

Animal control officer means any person designated by the City of Chamblee to perform the duties prescribed by this article or imposed by local ordinance, and any police or code enforcement officer of the city.

Animal under restraint means any animal humanely secured by a leash or led or enclosed by way of fence or other enclosure or the animal is confined within a vehicle, parked or in motion.

Companion animal means a domesticated animal, a "pet", kept for pleasure rather than utility. Pets include, but are not limited to, birds, cats, dogs, hamsters, horses, mice, reptiles, domesticated wild animals, exotic animals and other animals associated with man's environment.

Cruelty means causing death or unjustifiable pain or suffering to any animal by an act, an omission, or neglect. Cruelty also includes transporting an animal in an unrestrained open-air vehicle or transporting an unrestrained animal in the trunk of any vehicle or leaving an animal unattended in a closed vehicle without proper ventilation or temperature control, where the outside air temperature is 80 degrees Fahrenheit or above. Cruelty also means allowing or causing any animal to participate in training for or engaging in an animal fight operated for sport, entertainment or gaming purposes. Routine medical procedures by a licensed veterinarian shall not be regarded as cruelty.

Dangerous animal means any animal which constitutes a physical threat to human beings or other domestic animals by virtue of a known propensity to endanger life by an unprovoked assault or bite so as to cause serious bodily harm. An animal trained, owned or harbored for the purpose primarily or in part, of animal fighting. Exceptions: An animal shall not be deemed dangerous if:

(1)

It bites, attacks or menaces:

a.

Anyone assaulting the owner;

b.

A trespasser on the property of the owner;

c.

Any person or other animal which has tormented or abused it;

d.

Where the animal is otherwise acting in defense of an attack from a person or other animal upon the owner or other person;

e.

Where the animal is protecting or defending its young or another animal; or

f.

Where a dog is being used by a law enforcement officer to carry out official law enforcement duties and injures someone.

(2)

It is otherwise acting in defense of an attack from a person or other animal upon the owner or other person; or

(3)

It is protecting or defending its young or other animal.

Domesticated animals means animals that are accustomed to live in or about the habitation of men including, but not limited to, cats, cows, dogs, fowl, horses, swine, domesticated wild animals and/or exotic animals. This definition only applies to those animals mentioned herein and is only applicable to this article, and in no way affects the meaning or application of a definition of the described animal, as may be found in any other city ordinances.

Electronic animal confinement system means a commercially produced, functioning and professionally installed electronic fence which utilizes an invisible electrically generated perimeter, in which the animal within the perimeter wears an electronic collar that produces an electric shock when the animal approaches or exceeds the perimeter.

Euthanasia means the legal act of putting an animal to death using humane methods, recommended by the American Veterinary Medical Association Panel on Euthanasia and approved by the Georgia Department of Agriculture, as defined by Georgia law in the Georgia Animal Protection Act, as may hereinafter be amended.

Fence means any structure of wire, wood, stone or other material, which is of sufficient height and strength to act as a barrier against passage of the animal it is intended to enclose. A fence must be sufficient to prevent the animal from being able to jump, dig or escape from confinement.

Garbage means all refuse matter/effluent, either animal or vegetable by-product from a restaurant, kitchen, or meat/poultry processing establishment; spoiled/rancid food and refuse accumulation of animal, fruit, or vegetable matter, liquid or otherwise, that is normally discarded.

Guard dog means any dog which has been trained to attack persons independently or upon oral command and any dog which, while not so trained, is reasonably expected to perform as a guardian of its owner and/or upon and within which he or she is located.

Hazardous animal means an animal that may be harmful to humans or other animals by virtue of its ability to produce poison or, due to its size and feeding habits, could prey on humans as a food source. Hazardous animal includes, but are not limited to, pit vipers (genus Crotalidae ), coral snakes (genus Micrurus ), poisonous spiders, frogs, large reptiles, Nile monitors, caiman, alligators, crocodiles, and large constricting snakes greater than ten feet in length.

Identification means any tag, tattoo, microchip, or other type of marking that can be used to locate an animal's owner.

Kennel means any establishment, other than an animal shelter, where animals are maintained for boarding, holding, training, or other similar purposes for a fee or compensation.

Open-air vehicle means the cargo area of any pick-up truck that is not covered by a permanent attached utility cover or any convertible vehicle with its top down.

Owner means any person owning, keeping, harboring or acting as custodian of a domesticated animal.

Potentially dangerous animal means any animal that, without provocation bites or attacks humans or any other animal on public or private property.

Proper enclosure means any structure or device used to restrict an animal to a limited amount of space such as a fenced area, electronic animal confinement system, building, house, pen, or other device or structure out of which an animal cannot climb, dig, jump, or otherwise escape.

Public nuisance means any animal which:

(1)

Is found at large in violation of this article;

(2)

Is unlicensed (unregistered) in violation of this article;

(3)

Is trained, owned or harbored for the purpose, primarily or in part, of dog fighting;

(4)

Is dangerous, as defined, and is not restrained or confined, as provided for in this article;

(5)

Produces, because of quantity, manner or method in which the animals are domesticated or maintained, unsanitary conditions in the city;

(6)

Is inimical to the public health, welfare or safety according to the rules and regulations promulgated by the DeKalb County Board of Health, which rules and regulations are incorporated herein and made a part hereof as if fully set out in this article.

Severe injury means a physical injury that results in broken bones, significant puncture wounds, disfiguring lacerations requiring multiple sutures or cosmetic surgery or significant medical procedures or a physical injury that results in death.

Spay/neuter certificate means documentation that certifies that the animal listed therein has been sterilized as of the date of surgery.

Sterilized animal means an animal that has been surgically or chemically altered by a licensed veterinarian in order to render the animal incapable of reproduction.

Tethered means an animal attached to a stationary object by a chain, cable or similar device commonly used for the size and type of animal involved.

Unsanitary conditions means an animal living space, shelter, or exercise area contaminated by health hazards, irritants, pollutants, items, or conditions that endanger or pose a risk to an animal's health.

(Ord. No. 694 , pt. I, 12-15-15)

Cross reference

Definitions and rules of construction generally, § 1-2.