Jurisdiction Over Certain Animal Control Cases

  1. Law
  2. Georgia Code
  3. Courts
  4. Probate Courts
  5. Jurisdiction, Power, and Duties
  6. Jurisdiction Over Certain Animal Control Cases

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  1. In addition to any other jurisdiction vested in the probate courts, such courts shall have the right and power to hear cases of violations of Article 2 of Chapter 8 of Title 4 and to impose:
    1. Civil penalties for such violations, other than euthanasia; and
    2. Criminal penalties for such violations as provided by Code Section 4-8-32.
  2. An appeal from a decision by an animal control board or local board of health pursuant to subsection (f) of Code Section 4-8-23 shall lie in probate court. No appeal shall be heard in probate court until costs which have accrued in the tribunal below have been paid, unless the appellant files with the probate court or with the tribunal appealed from an affidavit stating that because of indigence he or she is unable to pay the costs on appeal. In all cases, no appeal shall be dismissed in the probate court because of nonpayment of the costs below until the appellant has been directed by the court to do so and has failed to comply with the court's direction.
  3. Filing of the notice of appeal and payment of costs or filing of an affidavit as provided in subsection (b) of this Code section shall act as supersedeas, and it shall not be necessary that a supersedeas bond be filed; provided, however, that the probate court upon motion may at any time require that supersedeas bond with good security be given in such amount as the court may deem necessary unless the appellant files with the court an affidavit stating that because of indigence he or she is unable to give bond.

(Code 1981, §15-9-30.9, enacted by Ga. L. 2014, p. 371, § 5/SB 290.)

Editor's notes.

- Ga. L. 2014, p. 371, § 6/SB 290, not codified by the General Assembly, provides, in part, that this Code section shall apply to all violations and confiscations which occur on or after July 1, 2014.


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