Inspections; Impoundment of Animals; Exceptions

  1. Law
  2. Georgia Code
  3. Animals
  4. Animal Protection
  5. General Provisions
  6. Inspections; Impoundment of Animals; Exceptions

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  1. At any time there is probable cause to believe that a violation of this article or any rule or regulation adopted pursuant to this article has occurred, the Commissioner, his or her designated agent, or an animal control officer who is an employee of state or local government may apply to the appropriate court in the county in which the animal is located for an inspection warrant under the provisions of Code Section 2-2-11.
  2. Any sheriff, deputy sheriff, or other peace officer shall have the authority to enforce the provisions of this article and Code Sections 16-12-4 and 16-12-37.
  3. The Commissioner, his or her designated agent, an animal control officer who is an employee of state or local government, or any sheriff, deputy sheriff, or other peace officer is authorized to impound any animal:
    1. That has not received humane care;
    2. That has been subjected to cruelty in violation of Code Section 16-12-4;
    3. That is used or intended for use in any violation of Code Section 16-12-37; or
    4. If it is determined that any violation of this article has occurred.
  4. Prior to an animal being impounded pursuant to paragraph (1), (2), or (3) of subsection (c) of this Code section, a licensed accredited veterinarian approved by the Commissioner or a veterinarian employed by a state or federal government and approved by the Commissioner, shall, at the request of the Commissioner, his or her designee, an animal control officer, a sheriff, a deputy sheriff, or other peace officer, examine and determine the condition or treatment of the animal.
  5. The provisions of this Code section and Code Sections 4-11-9.3 through 4-11-9.6 shall not apply to scientific experiments or investigations conducted by or at an accredited college or university in this state or research facility registered with the Commissioner or the United States Department of Agriculture.

(Code 1981, §4-11-9.2, enacted by Ga. L. 2000, p. 754, § 5; Ga. L. 2016, p. 178, § 2/SB 356.)

The 2016 amendment, effective April 26, 2016, substituted "any violation of this article has occurred" for "a consent order or other order concerning the treatment of animals issued pursuant to this article is being violated" in paragraph (c)(4).

Editor's notes.

- Ga. L. 2000, p. 754, § 1, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Animal Protection Act of 2000.' "

JUDICIAL DECISIONS

Cited in Bramblett v. Habersham County, 346 Ga. App. 511, 816 S.E.2d 446 (2018).


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