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Section 4-26 Definitions.
The following words, terms and phrases, when used in this article, shall have the mean-ings ascribed to them in this section, except where the context clearly indicates a different meaning: Animal control board means a board established by the city council to perform duties as set forth in this article. The board shall consist of a member of the humane society designated by the humane society who shall serve as chairperson, and two (2) residents of the city as designated by the city council. A new animal control board shall be established on an annual basis, beginning with the second meeting of the city council in the new calendar year or as soon thereafter as practicable. The serving animal control board shall continue in office until the new board is appointed. Animal control officer means an employee of the humane society whose duties specifically include enforcement of the provisions of this article. At large means an animal that is not confined within a proper enclosure as defined by this article and is not under restraint as defined by this article. Dangerous animal means any animal that, according to the record of an appropriate authority: (1) Inflicts a severe injury on a human being or domesticated animal without provocation on public or private property at any time after March 31, 1989; or (2) Aggressively bites, attacks, or endangers the safety of humans or domesticated animals without provocation after the animal has been classified as a potentially dangerous animal and after the owner has been notified of such classification. A dog that inflicts an injury upon a person when the dog is being used by a law enforcement officer to carry out the law enforcement officer's official duties shall not be a dangerous animal or potentially dangerous animal within the meaning of this article. An animal shall not be a dangerous animal or a potentially dangerous animal within the meaning of this article if the injury inflicted by the animal was sustained by a person who, at the time, was committing a willful trespass or other tort or was tormenting, abusing, or assaulting the animal or had in the past been observed or reported to have tormented, abused, or assaulted the animal or was committing or attempting to commit a crime. Domesticated animal means cat, dog, or any other animal that is kept and cared for as a pet. Governing authority means the city council. Humane society means the Thomasville-Thomas County Humane Society or its agent. Local government means the City of Thomasville, Georgia, a municipal corporation. Nuisance, as referred to in this chapter, means: (1) Allowing or permitting an animal to damage the property, both real or personal, of anyone other than its owner, including but not limited to, the disruption or destruction of trash receptacles, garbage containers, gardens, flower beds, or vegetation; or (2) Allowing or permitting an animal to defecate on the property of another; or (3) Maintaining an animal in an unsanitary environment which may result in: a. Endangerment to the animal, or b. Endangerment to the public health, safety or welfare of the city through the increased probability of disease transmission, or c. Offensive odors; or (4) Allowing or permitting an animal to bark, whine, howl, crow, or cackle in an excessive or untimely fashion so as to interfere with the reasonable use and enjoyment of neighboring premises; or (5) Maintaining an animal that habitually or repeatedly, without provocation, chases, snaps at or attacks pedestrians, joggers, bicyclists and the like or similarly responds to other animals being walked on a leash; or (6) Maintaining animals in number, density or location on the property that allows the owner's property to be offensive, annoying or dangerous to the public health, safety or welfare of the community. 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 an animal within the corporate limits of the city. Potentially dangerous animal means any animal which without provocation bites a human being on public or private property at any time after March 31, 1989. Pound means any premises designated by the humane society for animals found at large in violation of this article. Proper enclosure means an enclosure for keeping a dangerous animal or potentially dangerous animal, while on the owner's property, securely confined. Proper enclosure is further defined to mean that if a dangerous animal or potentially dangerous animal is maintained out of doors, then the dangerous animal or potentially dangerous animal must be confined in a pen or kennel of sufficient size for the humane confinement of the animal. The kennel or pen must have secure sides and a secure top attached to all sides. The kennel or pen must have sides which are buried into the ground for a minimum of two (2) feet or the sides must be securely attached to a concrete pod or the sides must be securely attached to a wire bottom. The gate to the kennel must be locked at all times when the animal is confined therein. The kennel or pen must be located within a perimeter fence, and the kennel or pen shall not share common fencing with the perimeter fence, and the perimeter fence shall be of suitable design and construction so as to prevent the entry of small children and so as to prevent the escape of the dangerous or potentially dangerous animal. The matter of whether an enclosure for the confinement of a dangerous animal qualifies as a proper enclosure under this definition shall be left to the determination of the animal control officer whose determination in that regard shall be final and from which determination there shall be no appeal. Rabies control officer means an employee of the county board of health whose specific duties include enforcement of the rabies control rules and regulations of the county. Records of an appropriate authority means records of any state, county, or municipal law enforcement agency; records of any county or municipal animal control agency; records of any county board of health; records of any federal, state, or local court; or records maintained by the animal control officer pursuant to this article. Restraint means an animal that is: (1) Confined within a proper enclosure as defined in this section; (2) Confined within a fenced area bordered by fencing of such construction and design so as to prevent the animal from being at large; (3) Secured humanely by chain, cable or free running line no longer than fifty (50) feet and no shorter than ten (10) feet, but in no event shall the chain, cable or free running line allow the animal to come closer than ten (10) feet to any adjoining property line or right-of-way; (4) Secured within a vehicle being driven or parked on city streets or parked at any other location within the city; or (5) Controlled by a leash not over ten (10) feet in length attached to a secure collar. No dangerous or potentially dangerous animal shall be taken off the property of the owner unless it is attended by the owner and restrained by secure collar and leash not over six (6) feet in length and muzzled so as to prevent the animal from biting persons or other domestic animals. Severe injury means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery or a physical injury that results in death. (Ord. of 3-12-90(2), 1; Ord. of 3-23-98, I)
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