Notification of Owner; Custody of Animal

  1. Law
  2. Georgia Code
  3. Animals
  4. Animal Protection
  5. General Provisions
  6. Notification of Owner; Custody of Animal

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  1. It shall be the duty of any person impounding an animal under this article to notify the owner of such animal immediately upon impoundment. Such notice shall state the name and business address of the person impounding the animal, the name and address of the state or local government agency having custody of the animal, a description of the animal, the reason why the animal was impounded, and a statement of the time limits for the owner to respond and request a hearing as provided in Code Section 4-11-9.5. The notice shall be provided by personal service or by registered mail, certified mail, or statutory overnight delivery sent to the last known address of the owner. Service of the notice which complies with subsection (b) of Code Section 9-11-5 shall in all cases be sufficient. If the owner of such animal is unknown or cannot be found, service of the notice on the owner shall be made by posting the notice in a conspicuous place at the location where the animal was impounded and by publishing a notice once in a newspaper of general circulation in the county where the animal was impounded.
  2. An animal impounded pursuant to this article is deemed to be in the custody of the state or local government agency responsible for enforcement of this article within said county or municipality.

(Code 1981, §4-11-9.4, enacted by Ga. L. 2000, p. 754, § 5; Ga. L. 2001, p. 1212, § 1.)

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.' "

Ga. L. 2001, p. 1212, § 7, not codified by the General Assembly, provides that this Act is applicable with respect to notices delivered on or after July 1, 2001.

JUDICIAL DECISIONS

Procedure for county's recoupment of costs.

- Dog owners were not entitled to notice pursuant to O.C.G.A. § 4-11-9.4 because the county sought recoupment of the county's costs of impounding the dogs under O.C.G.A. § 4-11-9.8(a) as part of an investigation of the owners' violations of the animal cruelty statute, O.C.G.A. § 16-12-4. Bramblett v. Habersham County, 346 Ga. App. 511, 816 S.E.2d 446 (2018).


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