§ 4-75. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Animal Control Board means the County Animal Control Board or any board constituted and appointed by the Mayor and City Council to perform the duties of the Animal Control Board under this division.

Dangerous dog means any dog that has, without provocation, inflicted severe injury on a human being or, if such dog has previously been classified as a potentially dangerous dog, has aggressively bitten, attacked or endangered the safety of a human being without provocation.

Dog Control Officer means the person designated to enforce the provisions of this division.

Owner means any natural person or any other legal entity that owns, possesses, harbors, keeps, or has custody or control of a dangerous dog or potentially dangerous dog. Without limiting the generality of the foregoing, any adult at whose residence a dangerous dog or potentially dangerous dog is kept or found shall be presumed to be an owner of such dog and shall have the burden of rebutting such presumption. If a dog has more than one owner within the meaning of this section, any one of such owners may be prosecuted for violations of this division whether or not any other owners are also prosecuted.

Potentially dangerous dog means any dog with a known propensity, tendency or disposition to make unprovoked attacks, cause injuries or otherwise threaten the safety of any human being. The term "potentially dangerous dog" shall also mean any dog which, when unprovoked, inflicts bites upon a human being or chases or approaches a human being on any public property in a vicious or terrorizing manner in an apparent attitude of an attack.

Proper enclosure means an enclosure that meets all of the following criteria:

(1)

A structure that is suitable to prevent the entry of young children and to prevent the dog from escaping;

(2)

A structure with secure sides and a secure top or secure sides which are of sufficient height to prevent the dog from escaping over the sides;

(3)

A structure whose sides are so constructed at the bottom so as to prevent the dog's escape by digging under the sides; and

(4)

A structure that provides appropriate protection from the elements for the dog.

Severe injury means any injury that results in a broken bone, lacerations severe enough to require multiple sutures or to render cosmetic surgery necessary or appropriate, or death.

State law reference

Similar provisions, O.C.G.A. § 4-8-21(a).