Limitations on Dog's Presence Off of Owner's Premises; Penalty for Violation; Defense

  1. Law
  2. Georgia Code
  3. Animals
  4. Dogs
  5. Responsible Dog Ownership
  6. Limitations on Dog's Presence Off of Owner's Premises; Penalty for Violation; Defense

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  1. It shall be unlawful for an owner of a dangerous dog to permit the dog to be off the owner's property unless:
    1. The dog is restrained by a leash not to exceed six feet in length and is under the immediate physical control of a person capable of preventing the dog from engaging any other human or animal when necessary;
    2. The dog is contained in a closed and locked cage or crate; or
    3. The dog is working or training as a hunting dog, herding dog, or predator control dog.
  2. It shall be unlawful for an owner of a vicious dog to permit the dog to be:
    1. Outside an enclosure designed to securely confine the vicious dog while on the owner's property or outside a securely locked and enclosed pen, fence, or structure suitable to prevent the vicious dog from leaving such property unless:
      1. The dog is muzzled and restrained by a leash not to exceed six feet in length and is under the immediate physical control of a person capable of preventing the dog from engaging any other human or animal when necessary; or
      2. The dog is contained in a closed and locked cage or crate; or
    2. Unattended with minors.
  3. A person who violates subsection (b) of this Code section shall be guilty of a misdemeanor of high and aggravated nature.
  4. An owner with a previous conviction for a violation of this article whose classified dog causes serious injury to a human being under circumstances constituting another violation of this article shall be guilty of a felony and upon conviction thereof shall be punished by imprisonment for not less than one nor more than ten years, a fine of not less than $5,000.00 nor more than $10,000.00, or both. In addition, the classified dog shall be euthanized at the cost of the owner.
  5. Any irregularity in classification proceedings shall not be a defense to any prosecution under this article so long as the owner of the dog received actual notice of the classification and did not pursue a civil remedy for the correction of the irregularity.

(Code 1981, §4-8-29, enacted by Ga. L. 2012, p. 1290, § 4/HB 685.)

Cross references.

- Liability of owner or keeper of vicious or dangerous animal for injuries caused by animal, § 51-2-7.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2012, "or" was deleted at the end of paragraph (a)(1) and "; or" was substituted for a period at the end of paragraph (a)(2).

Law reviews.

- For article on the 2012 enactment of this Code section, see 29 Ga. St. U.L. Rev. 180 (2012).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the provisions, decisions under former O.C.G.A. § 4-8-30 are included in the annotations for this Code section.

Absolute liability not imposed.

- This Code section does not impose absolute liability on the owner of a dog who has bitten before, but means that if any person is liable for such bite, it is the owner, and not a government official. Griffiths v. Schafer, 223 Ga. App. 560, 478 S.E.2d 625 (1996) (decided under former O.C.G.A. § 4-8-30).

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting required.

- Misdemeanor offenses arising under O.C.G.A. § 4-8-29 are offenses for which those charged are to be fingerprinted. 2012 Op. Att'y Gen. No. 12-6.


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