Duty to Care for Impounded Equines; Lien; Return to Owner

  1. Law
  2. Georgia Code
  3. Animals
  4. Humane Care for Equines
  5. Duty to Care for Impounded Equines; Lien; Return to Owner

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  1. It shall be the duty of any person designated for impounding an equine under Code Section 4-13-4 to make reasonable and proper arrangements to provide the impounded equine with adequate and necessary shelter, food, water, veterinary services, and humane care and to take such actions as to ensure the survival of the equine or the humane euthanasia of the equine and disposal thereof if such actions are necessary. Such arrangements may include, but shall not be limited to, providing shelter and care for the equine at any state, federal, county, municipal, or governmental facility or shelter, contracting with a private individual, partnership, corporation, association, or other entity to provide shelter, food, water, veterinary services, and humane care for a reasonable fee, or allowing a private individual, partnership, corporation, association, or other entity to provide shelter, food, water, veterinary services, and humane care as a volunteer and at no cost.Any person impounding an equine under this chapter or providing care for an impounded equine shall have a lien on such equine for the reasonable costs of caring for such equine.
  2. The lien acquired under subsection (a) of this Code section may be foreclosed in any court of competent jurisdiction to hear civil cases. Liens shall be foreclosed in magistrate courts only when the amount of the lien does not exceed the jurisdictional limits established by law for such courts.
  3. Any person impounding an equine under this chapter is authorized to return the equine to its owner upon payment by the owner of all costs of impoundment and care and upon the entry of a consent order or receiving written assurances:
    1. That such equine will be given humane care, adequate food and water, adequate shelter, and veterinary services;
    2. That such equine will not be subjected to cruelty; and
    3. That the owner will comply with this chapter.

(Code 1981, §4-13-5, enacted by Ga. L. 1992, p. 2398, § 2; Ga. L. 2016, p. 178, § 7/SB 356.)

The 2016 amendment, effective April 26, 2016, substituted "of competent jurisdiction to hear civil cases" for "which is competent to hear civil cases, including, but not limited to, magistrate courts" in the first sentence of subsection (b).

RESEARCH REFERENCES

ALR.

- Propriety, measure, and elements of restitution to which victim is entitled under state criminal statute - cruelty to, killing, or abandonment of, animals, 45 A.L.R.6th 435.


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