health.” At a minimum, the shelter
must include four sides, a door, a
floor, and a roof. Fulton County’s
ordinance explicitly deems the fol-
lowing to be inadequate shelter: a
lean-to, metal or plastic drum, box,
abandoned vehicle, deck, or other
area that is unprotected from the
elements. Adequate food must
be a sufficient quantity of healthy,
breed/age-appropriate sustenance.
It is a violation of the ordinance to
feed the animal garbage,
spoiled, rancid, or con-
taminated foods. Ad-
equate water is clear, po-
table and plentiful - snow,
ice and contaminated
water are not considered
adequate. If an owner
fails to provide adequate
shelter, food and water,
he or she can be charged
with neglect, which is a
form of animal cruelty,
or with animal abandon-
ment. If you dispute the
animal control officer’s
findings, you should bring pictures,
vet records and other proof of ad-
equate care to court.
Know If You Have a Nuisance,
Dangerous, or Vicious Dog.
“Public Nuisance Animal,” “Danger-
ous Dog,” and “Vicious Dog” are
terms that describe dogs who have
exhibited certain kinds of escaping,
biting, attacking, injurious, or dead-
ly behavior. If your dog has been
adjudicated to be a “Public Nui-
sance Animal,” “Dangerous Dog,”
or “Vicious Dog,” Fulton County’s
animal control ordinance requires
the owner to take affirmative steps
to restrict the dog’s movement,
including specific signage, confine-
ment and leash/muzzle require-
ments. Failure to comply with
these specific requirements is a
misdemeanor punishable by a fine
up to $1,000 and/or up to 60 days
in jail Second and subsequent con-
victions have additional fines. If the
failure to comply with signage, con-
finement, or leash/muzzle require-
ments causes the severe injury or
death of a person, animal control
shall also “immediately confiscate
question witnesses and you have
the right to remain silent. If you
wish to have your case decided by
a jury, make a written jury demand
to the Court before your trial begins,
and the case will be transferred to
the State Court.
Lillian Nash Caudle is a Fulton
County Magistrate Judge. This
article contains her personal opin-
ions. Nothing in this article shall
be construed as legal advice or
an official publication of the Fulton
County Magistrate Court.
_______________________
Fulton County’s animal control ordi-
nances govern unincorporated areas
of Fulton County and those municipal
areas within the county (including
Atlanta) that have contracted with
the county for the provision of animal
control services.
i
the dog” in additional to all other
possible penalties.
Be Prepared for Court.
Prosecutions for county ordinance
violations typically begin with a
citation from an animal control of-
ficer. Georgia Magistrate Courts
have jurisdiction under O.C.G.A.
§ 15-10-2(4) to try violations of
county ordinances. The citation
will identify the ordinance violation,
the accused and the time and date
for trial. Bring all records, pictures,
documents, and witnesses with you
to court. If you have hired counsel
then he or she should appear with
you. As in any other criminal trial,
you have the right to subpoena and
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