Sample ordinances that can trigger Georgia's dog bite statute
As stated above, the Georgia dog bite statute imposes strict liability on the owner of a dog, if the dog is running at large in violation of a local ordinance, and injures a person. Here are two ordinances that, if violated, shall result in strict liability on the part of the dog owner:
Code of Ordinances, City of Atlanta, Georgia, Sec. 18-61. Applicability to portion of city within DeKalb County.
(a) Generally. The following shall apply to that portion of the city within DeKalb County:
(1) Duty of owner to keep dog under control. It shall be unlawful for the owner of any dog or for any person having a dog in such person's possession and control to permit the dog to be out of control and unattended off the premises of the owner in that part of the city within DeKalb County or upon the property of another person without permission of the owner or person in possession thereof.
(2) Definition of dog under control. A dog is under control if the dog is controlled by a leash, is at heal or is beside a competent person and obedient to that person's commands or is within a vehicle being driven or parked on the streets or is within the property limits of the dog's owner.
Fulton County Code of Ordinances, Sec. 34-205. Running at large.
(a) Generally. Within the unincorporated area of Fulton County or within any municipality in Fulton County which has or may enter into an agreement with Fulton County for animal control services, the running at large of dogs, domestic animals, livestock, owned wildlife, exotic animals, dangerous, or potentially dangerous dogs is prohibited, with the exception of cats. Owners of wildlife or exotic animals must have the necessary state and/or federal permits on their person when transporting their animals.
(b) (1) Dogs. It shall be unlawful for the owner, custodian or harborer of any dog to allow or permit such dog to leave the premises of the owner or other person having custody of the dog unless such dog is securely under leash; said leash being not more than six-feet long, and under the control of a competent person. Dogs must be confined to the premises of the owner or other person having custody of the dog and shall be restrained by means of a fence or wall or other enclosure, or restrained individually by a leash or chain. Excluded are those dogs participating in or training for obedience trials, field trials, dog shows, tracking work, or law enforcement. Also, the requirements of this subsection shall not apply in any area zoned for agriculture where the owner or person having custody of the dog is at the time in question using the dog for hunting purposes, and has on his/her person a valid hunting license and proof of vaccination. (2) An electronic confinement system shall be considered an acceptable enclosure when the equipment is properly maintained and in continuous working order, and the animal to be contained within wears the appropriate electronic collar when within the system perimeters.
(3) In cases where an animal has been deemed dangerous by the court, or has been trained to be a guard dog, an electronic animal confinement system may not be used as either the primary or secondary enclosure.
(4) Individuals who contain an animal by means of an electronic animal confinement system and are found to be in violation of this section or have been deemed as restraining a dangerous animal shall thereafter restrain the animal by means of a fence, wall or other enclosure, or such animal shall be restrained individually by a leash or chain.
(c) Restraint of domestic animals, livestock, owned wildlife and exotic animals.
It shall be unlawful for the owner, custodian, or harborer of any domestic animal, livestock, wildlife, or exotic animal, to allow or permit such animal to leave the premises of the owner or other person having custody of such unless securely under leash, in a carrying case, or restrained by some other means and under the control of a competent person, with the exception of cats.
(d) Confinement of domestic animals, livestock, owned wildlife, exotic animals, and dangerous or potentially dangerous dogs. Domestic animals, livestock, owned wildlife, exotic animals, and dangerous or potentially dangerous dogs shall be securely confined to the premises of the owner or other person having custody of such by means set forth under the provisions of this article, or approved by the health department or its designee and/or as required by state or federal regulations, with the exception of cats.
