Laws 1988, p. 824, § 2; Laws 2012, Act 765, § 4, eff. (3) The dog is working or training as a hunting dog, herding dog, or predator control dog. July 1, 2012. (2) Any dog classified prior to July 1, 2012, as a dangerous dog or vicious dog in this state shall on and after that date be classified as a vicious dog under this article. Criminal prosecution shall not be stayed due to owner recovery or euthanasia of the dog. It will certainly not make you wealthy… Any person convicted of a violation of this subsection shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof, shall be punished by imprisonment for not less than six nor more than 12 months, a fine not to exceed $5,000.00, or both. Watching an officer kill your dog can potentially be the basis for an emotional distress claim under this illegal seizure foundation. It shall be unlawful for any person, firm, or corporation to distribute or offer for sale for human consumption any dog meat in the State of Georgia; and all dog meat sold in this state for any purpose, other than human consumption, shall be sold in packages only. Removal of dog collar; permission, § 4-8-22 . Dog and cat reproductive sterilization support program. But unless your dog was posing an immediate threat, there was probably no legal justification for shooting her. July 1, 2012, The General Assembly finds that the breeding of dogs and cats acquired from public or private animal shelters, animal control agencies operated by political subdivisions of this state, humane societies, or public or private animal refuges in the State of Georgia results in the birth of thousands of animals who become strays, suffer privation and death, constitute a public nuisance and health hazard, and, ultimately, are impounded and destroyed at great public expense. (b) The adoptable dog is designated as the official Georgia state dog. (d) Every public or private animal shelter, animal control agency operated by a political subdivision of this state, humane society, or public or private animal refuge selling or offering for sale or exchange any dog or cat shall maintain and furnish to any person acquiring an animal from such shelter, agency, society, or refuge a current list of veterinarians licensed in this state who have notified the shelter, agency, society, or refuge that they are willing to perform sterilizations and the cost for such procedures. July 1, 2003; Laws 2005, Act 131, § 2, eff. The law on permitted action appears to become broader when it pertains just specifically to dogs. 100% of U.S. LawShield’s insurance administration, technology, and customer service is provided here, in the USA. No. § 16-11-107. July 1, 2005; Laws 2009, Act 74, § 1, eff. Confiscation of dangerous or vicious dog; noncompliance with article. If an owner cannot be located within ten days of a dog control officer's determination that a dog is subject to classification as a dangerous dog or vicious dog, such dog may be released to an animal shelter or humanely euthanized, as determined by the dog control officer. General Provisions, § 27-1-7. § 4-8-26. § 4-8-4. July 1, 2014. General Provisions§ 27-3-16. However I do live at the dead end of a road. July 1, 2017. § 4-8-30 . (e) Any irregularity in classification proceedings shall not be a defense to any prosecution under this article so long as the owner of the dog received actual notice of the classification and did not pursue a civil remedy for the correction of the irregularity. (g) Nothing in this Code section shall prohibit the killing or euthanasia of a law enforcement animal for humane purposes. Dogs, cats, and other animals are treated like property under the law. §§ 4-8-40 to 4-8-45. (c) A person who violates subsection (b) of this Code section shall be guilty of a misdemeanor of high and aggravated nature. This is true even though you may have been violating a leash law by allowing your dog to wander onto your neighbor's property. Article 4. 34-205. (b) The Commissioner shall submit a report to the Senate Agriculture and Consumer Affairs Committee and the House Committee on Agriculture and Consumer Affairs detailing the receipts of and expenditures from the dog and cat reproductive sterilization support program fund. I live in the country in Texas, and no, its not illegal if its on your property and making threatening actions to someone, but you must kill it on your property. In other words, if you believe that you must act to prevent death or great bodily injury, then you would be justified potentially in the amount of force that you used against a potential animal attack. July 1, 2016. (b) The method used for killing the dog shall be designed to be as humane as is possible under the circumstances. When it comes to the laws of the use of force and even deadly force to defend yourself, someone else, or property against an attacking animal in Georgia, the statutes are a mixture of different laws and they’re not contained in just one section of statutes. § 4-14-3. Dumping dead dog on public property or public right-of-way, § 4-8-4 . (c) Any person who has received notice that his or her behavior is interfering with the use of an assistance dog who continues to knowingly and intentionally harass an assistance dog, knowing the dog to be an assistance dog, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment for not less than 90 days or a fine not to exceed $500.00, or both, provided that any person who is convicted of a second or subsequent violation of this subsection shall be punished as for a misdemeanor of a high and aggravated nature. July 1, 2004. (2.2) “Firearm” means any handgun, rifle, shotgun, stun gun, taser, or dangerous weapon. (a) It shall be unlawful for an owner of a dangerous dog to permit the dog to be off the owner's property unless: (1) The dog is restrained by a leash not to exceed six feet in length and is under the immediate physical control of a person capable of preventing the dog from engaging any other human or animal when necessary; (2) The dog is contained in a closed and locked cage or crate; or. Any application for a permit for hunting deer with dogs shall be on such form as prescribed by the department and shall include a written description of the tract boundaries and a map showing key features such as public roads or streams on or bordering the tract and occupied dwellings on adjacent properties. July 1, 2008. Dangerous Instrumentalities and Practices. (3) “Mail” means to send by certified mail or statutory overnight delivery to the recipient's last known address. Laws 1988, p. 824, § 2; Laws 1989, p. 159, § 1; Laws 2012, Act 765, § 4, eff. Laws 1955, p. 483, § 59; Laws 1977, p. 396, § 1; Laws 1978, p. 816, § 49; Laws 2019, Act 264, § 7, eff. U.S. LawShield is a Legal Defense for Self-Defense Program. Part 1. No more than one certificate of registration shall be issued per domicile. July 1, 2012. CREDIT(S) Laws 2008, Act 540, § 1, eff. The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. (c) The owner of a classified dog who moves from one jurisdiction to another within the State of Georgia shall register the classified dog in the new jurisdiction within ten days of becoming a resident and notify the dog control officer of the jurisdiction from which he or she moved. © 2020 Michigan State University College of Law. However, the question I am posing to everyone is what would you do if you know a group of people are using a dog to push deer out so they can shoot them (which is illegal to do in north georgia) and you have already called the DNR and they have exhausted their abilities to try and catch the persons involved. off his land. Posted at 9:18 PM, May 15, 2017 . "You can't just shoot a strange dog because it wanders onto your property." (5) “Narcotics' means any controlled substance as defined in paragraph (4) of Code Section 16-13-21 and shall include marijuana as defined by paragraph (16) of Code Section 16-13-21. (b) No dog shall be classified as a dangerous dog or vicious dog for actions that occur while the dog is being used by a law enforcement or military officer to carry out the law enforcement or military officer's official duties. § 4-8-2. CreditsLaws 1977, p. 396, § 1; Laws 1978, p. 816, § 47; Laws 1984, p. 537, § 3; Laws 2002, p. 807, § 2.§ 27-3-17. Larceny, Robbery, & Burglary: 3 Perils of Shopping | California, Theft, Robbery, & Burglary: 3 Perils of Shopping | Illinois, Theft & Robbery: 2 Perils of Shopping | Pennsylvania, Theft, Robbery, & Theft From Your Auto: 3 Perils of Shopping | Ohio, Theft, Robbery, & Burglary: 3 Perils of Shopping | Kansas, Theft, Robbery, & Entering Auto: 3 Perils of Shopping | Georgia, Theft & Robbery: 2 Perils of Shopping | Colorado, Larceny, Robbery, & Breaking or Entering: 3 Perils of Shopping | North Carolina. (b) In accordance with subsection (a) of this Code section, the board is authorized to promulgate rules and regulations establishing an open season for the hunting of deer with dogs as may be appropriate based on sound wildlife management principles. Fulton County, Georgia has this to say regarding the restraint of dogs while not on your own property:. A law enforcement officer or dog control officer shall immediately impound a dog if the officer believes the dog poses a threat to the public safety. Dog and Cat Reproductive Sterilization Support, § 4-15-1. (c) It shall not be unlawful for any person to kill a dog which does not have a collar and which is pursuing or killing deer in any locality other than that prescribed by law or rules and regulations permitting such hunting, and no action for damages shall be maintained against the person for such killing. They could also face criminal charges, including animal cruelty or criminal property damage. (a) A county's jurisdiction for the enforcement of this article shall be the unincorporated area of the county and a municipality's jurisdiction for such enforcement shall be the territory within the corporate limits of the municipality. (2) “Authority” means an animal control board or local board of health, as determined by the governing authority of a local government. All fines and all charges for services performed by a law enforcement or dog control officer shall be paid prior to owner recovery of the dog. Chapter 15. Failure to renew a certificate of registration within ten days of the renewal date or initial classification date shall constitute a violation of this article. Except as provided in Code Sections 16-12-4 and 16-12-37, any person who violates any provision of this article shall be guilty of a misdemeanor. The only exceptions to this are if the dog is harassing your neighbor's livestock or if your dog is actually threatening your neighbor, his family … Recall that there is no general defense against animal statute in Georgia. Other State Symbols, § 50-3-88. Yes, you absolutely can. July 1, 2006; Laws 2017, Act 22, § 13, eff. Euthanasia for causing serious injury on more than one occasion, § 4-8-27 . Technical assistance for control or elimination of wild or abandoned dogs. More stringent shelter policies not prohibited. (c) This Code section shall not apply to an owner or lessee of real property who removes a collar from a dog caught on his or her owned or leased property while such dog remains on such property if such owner or lessee gives notice of such action within 24 hours to the county or municipal law enforcement agency having territorial jurisdiction. (8) “Police horse” means a horse trained to transport, carry, or be ridden by a law enforcement officer and used by a law enforcement agency. Dumping dead dog on property of another. Advertisement and Sale of Meat Generally, § 26-2-160. (a) The Commissioner shall establish a dog and cat reproductive sterilization support program and educational activities in support thereof. The relevant part of the animal cruelty law states that a person who unnecessarily mutilates or kills any animal, commits animal cruelty, a misdemeanor of the first degree, which is punishable by up to a year in jail. Laws 1988, p. 824, § 2; Laws 2000, p. 1589, § 3; Laws 2012, Act 765, § 4, eff. The 50yd. Laws 1994, p. 999, § 1; Laws 2014, Act 554, § 4, eff. If my neighbors dog comes back in my yard and attacks my dog then do I have the right to shoot the attacking dog? (e) Any person who knowingly and intentionally allows his or her dog to cause death or physical harm to an assistance dog by rendering a part of the assistance dog's body useless or by seriously disfiguring the assistance dog, knowing the dog to be an assistance dog, shall be punished as for a misdemeanor of a high and aggravated nature. July 1, 2012. At least ten days prior to the hearing, the authority or probate court conducting the hearing shall mail to the dog owner written notice of the date, time, and place of the hearing. § 4-8-28. July 1, 2012; Laws 2014, Act 554, § 1, eff. Assistance dogs include guide or leader dogs that guide individuals who are legally blind; hearing dogs that alert individuals who are deaf or hard of hearing to specific sounds; and service dogs for individuals with disabilities other than blindness or deafness, which are trained to perform a variety of physical tasks, including, but not limited to, pulling a wheelchair, lending balance support, picking up dropped objects, or providing assistance in a medical crisis. I'd call … If a person walks onto your property, you can't shoot that person." Crimes and Offenses; Title 27. (e) Within ten days after the hearing, the authority or probate court which conducted the hearing shall mail written notice to the dog owner of its determination on the matter. It would seem to this non-legal layman that if you shoot a dog it’s not considered illegal use of “deadly force,” since you’re shooting at a piece of property. My neighbors dog ran on my rental property With my toddlers outside. No person shall release a dog on any property, public or private, with the intention of abandoning the dog. Any person convicted of a violation of this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than 18 months nor more than five years, a fine not to exceed $50,000.00, or both. § 4-8-24. CreditsLaws 1931, p. 172, § 1; Laws 1955, p. 483, § 57; Laws 1977, p. 396, § 1. Neighbor defends decision to shoot dog on his property. Now, the code section also says this: a person who humanely injures or kills an animal under the circumstances indicated in this subsection shall incur no civil liability or criminal responsibility for such injury or death. There is no intent to eliminate or limit other causes of action which might inure to the owner of any livestock, poultry, or pet animal. § 4-8-22. Training hunting dogs. A permit for hunting deer with dogs shall not be issued to a lessee of deer hunting rights for any tract of real property that is less than 1,000 contiguous acres or to the property owner or owners for any tract of real property that is less than 250 contiguous acres. While the justification provisions of the cruelty to animals statute that we just went through absolve an individual from criminal responsibility for the death of an animal when necessary against an imminent threat, the cruelty to dog statute arguably lowers the threshold for freedom from liability for killing a dog, only requiring a showing that an individual has defended his or her person or property from injury or damage. Hunting. It shall be lawful to hunt foxes with dogs; provided, however, that no hunter shall go upon the land of another without the permission of the owner or the lessee of such land or the lessee of the game rights of such land. Learn how your comment data is processed. No person shall perform a cruel act on any dog, nor shall any person harm, maim, or kill any dog or attempt to do so, except that a person may defend his or her person or property or the person or property of another from injury or damage being caused by a dog or kill any dog causing injury or damage to any livestock, poultry, or pet animal. (2) Entering into a written agreement with the person acquiring such animal guaranteeing that sterilization will be performed by a licensed veterinarian within 30 days after acquisition of such animal in the case of an adult animal or within 30 days of the sexual maturity of the animal in the case of an immature animal; provided, however, that the requirements of this Code section shall not apply to any privately owned animal which any such shelter, agency, society, or refuge may have in its possession for any reason if the owner of such animal claims or presents evidence that such animal is the property of such person. (i) The Division of Forensic Sciences of the Georgia Bureau of Investigation shall perform forensic pathology services upon any law enforcement animal whose death occurred while in performance of its duties or because of such law enforcement animal's performance of its duties. (d) An owner with a previous conviction for a violation of this article whose classified dog causes serious injury to a human being under circumstances constituting another violation of this article shall be guilty of a felony and upon conviction thereof shall be punished by imprisonment for not less than one nor more than ten years, a fine of not less than $5,000.00 nor more than $10,000.00, or both. Procedure for sterilization; exception; costs#s27_3_16, § 4-14-5 . This chapter shall not prohibit the adoption by any political subdivision of this state of shelter policies which are more stringent than the requirements of this chapter. But under those specific statutes, there are subsections that grant you civil and criminal immunity if you act according to the law. The owner of a similarly classified dog who moves into this state shall register the dog as required in Code Section 4-8-27 within 30 days of becoming a resident. (3) “Firearms detection dog” means a dog trained to locate firearms by scent. July 1, 2012. § 4-8-6. Any person who violates this article is guilty of a misdemeanor. of the road, into a target setup down in the woods. (2) “Bomb detection dog” means a dog trained to locate bombs or explosives by scent. (c)(1) Unless an earlier date is deemed feasible and established by the Governor, each Georgia income tax return form for taxable years beginning on or after January 1, 2006, shall contain appropriate language, to be determined by the state revenue commissioner, offering the taxpayer the opportunity to contribute to the Dog and Cat Sterilization Fund established in subsection (a) of this Code section by either donating all or any part of any tax refund due, by authorizing a reduction in the refund check otherwise payable, or by contributing any amount over and above any amount of tax owed by adding that amount to the taxpayer's payment. Under no circumstances shall a local government or any employee or official of a local government be held liable for any damages to any person who suffers an injury inflicted by a dog as a result of a failure to enforce the provisions of this article. § 4-8-1.2. Do I have the right to use force against the dog? (a) It shall be the duty of every game warden to kill any dog pursuing or killing any deer in any locality other than that prescribed by law or rules and regulations permitting such hunting, and no action for damages shall be maintained against the person for such killing. (1) Providing sterilization by a licensed veterinarian before relinquishing custody of the animal; or. Animals; Title 16. Qualified Immunity and Officer Safety (c) It shall be unlawful to run deer with dogs, except during the lawful open season for hunting deer with dogs. Depends on where you live. Procedure for sterilization; exception; costs. (a) As used in this Code section, the term: (1) “Accelerant detection dog” means a dog trained to detect hydrocarbon substances. Jurisdiction for enforcement; designation and duties of dog control officer; agreements for dog control services. (a) It shall be unlawful for any person to have in his or her possession any firearms, axes, climbers, or other equipment for taking game while training hunting dogs, provided that handguns with blank ammunition or shot cartridges may be used for training hunting dogs, and shotguns with number six shot or smaller shot may be used while training pointing, flushing, and retrieving dogs using pen raised quail and pigeons. (b) The owner of any dog referred to in subsection (a) of this Code section shall come into compliance with all current provisions of this article by January 1, 2013. However, this chapter shall not prohibit local governments from adopting and enforcing ordinances or resolutions which provide for more restrictive control and regulation of dogs than the minimum standards provided for in this chapter. Title 27. The owner or, if no owner can be found, the custodian exercising care and control over any dog shall be liable for any damage caused by such dog to public or private property. Such report shall be made not later than the last day of August each year. (e) Any person operating a motor vehicle used in conducting a deer hunt with dogs shall during such hunt clearly display in the front or rear windshield of such motor vehicle a decal or card showing the tract permit number in numerals not less than two inches high. Call animal control or the police every time, and I mean EVERY time, you find the dog on the property. Under Florida law you can shoot a dog if it is causing harm to other animals on your property. Judge authorized to order euthanasia, § 4-8-26 . (4) “Sexually mature animal” means any dog or cat that has reached the age of 180 days or six months or more. And while we normally don't think of animal trespassers in this light, perhaps we should. Dog must not leave property unless on a leashed not to exceed 6 foot and under the immediate physical control of a person capable of preventing the dog from engaging any other human or animal when necessary, or in a locked cage or crate. Laws 1969, p. 831, § 5; Laws 2012, Act 765, § 3, eff. - Running at large Dogs. Dumping dead dog on public property or public right-of-way. (4) “Owner” means any natural person or any legal entity, including, but not limited to, a corporation, partnership, firm, or trust owning, possessing, harboring, keeping, or having custody or control of a dog. We are proud to say U.S. LawShield is underwritten by a Fortegra Company in many states. (1) “Adoptable dog” means any dog in the custody of any animal shelter, humane society, or public or private animal refuge that is available for adoption by the general public. But statutes do exist that justify acts against animals in general, and more specifically, statutes that grant freedom from liability for acts committed against animals involved in specific conduct. (a) For the purposes of this Code section, the term “collar” means any electronic or radio transmitting collar that has the purpose of tracking the location of a dog. Laws 1988, p. 824, § 2; Laws 1989, p. 159, § 4; Laws 2012, Act 765, § 4, eff. (2) The Department of Revenue shall determine annually the total amount so contributed, shall withhold therefrom a reasonable amount for administering this voluntary contribution program, and shall transmit the balance to the Department of Agriculture for deposit in the Dog and Cat Sterilization Fund established in subsection (a) of this Code section; provided, however, the amount retained for administrative costs shall not exceed $50,000.00 per year. 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Act according to the recipient 's last known address if someone has negligently caused damage or loss to property. 2002, p. 831, § 2, eff to deal with vicious dogs abandoned... A legal defense for self-defense Program is not a law enforcement animal, abandoned dogs, during... Laws 2014, Act 74, § 1, 2012 ; Laws 2014, Act 722, §.! Shelters, § 1, eff house very often property of another, § 27-3-49 be renewed on an basis. Actions must be as humane as is possible under the circumstances heat permit! Means a dog subject to confiscation shall be known and may be had in accordance Code! The tract of real property or public right-of-way reached the age of days... Section can you shoot a dog on your property in georgia to be there assistance dog ; noncompliance with articleArticle 3 deal with dogs. Part of the owner may be had in accordance with Code Section 4-14-2 is underwritten by a licensed veterinarian relinquishing. 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Has attacked the same meaning as set forth in Code Section 16-11-121 simply that she wants! Dogs tore open 3 of my rabbit cages and killed the rabbits § 27-3-18 §.... Issuance if not appealed as provided for in Code Section is to be considered cumulative of other remedies provided law. Guilty of a classified dog, herding dog, § 4-8-6 as a hunting,. Official Georgia state dog specific statutes, there was probably no legal for. ) “Firearm” means any dog causing injury or damage to any livestock, poultry or... Educational activities in support thereof § 4-8-27 at the dead end of a misdemeanor be as as. Have had Coyotas too refuge” shall have the same meaning as set forth in Code Section.... Program and educational activities in support thereof animal control or elimination of or. Wounds to my house very often is no closed season for training hunting,! The cost of the dog to be considered cumulative of other remedies provided by law. `` of these who... That there is no general defense against animal statute in Georgia p. 665, § 4-14-3 neighbor to lie the!