§ 10-102. Notice to owners of dangerous or potentially dangerous dogs.

(a)

When the city manager or designee classifies a dog as a dangerous or potentially dangerous dog or reclassifies a potentially dangerous dog as a dangerous dog, the city manager or designee shall notify the dog's owner. The notice shall meet the following requirements:

(1)

The notice shall be in writing and mailed by certified mail to the owner's last known address;

(2)

The notice shall include a summary of the city manager or designee's findings that formed the basis for the dog's classification as a dangerous or potentially dangerous dog;

(3)

The notice shall be dated and shall state that the owner, within 15 days after the date shown on the notice, has the right to request a hearing on the city manager or designee's determination that the dog is a dangerous or potentially dangerous dog;

(4)

The notice shall state that the hearing, if requested, shall be before the city manager or designee;

(5)

The notice shall state that if a hearing is not requested, the city manager or designee's determination that the dog is a dangerous or potentially dangerous dog will become effective for all purposes on a date specified in the notice, which shall be after the last day on which the owner has a right to request a hearing; and

(6)

The notice shall include a form to request a hearing before the animal control hearing board and shall provide specific instructions on mailing or delivering such request to the board.

(b)

When the city manager or designee receives a request for a hearing, as provided in this section, such person shall schedule such hearing within 30 days after receiving the request. The city manager or designee will notify the dog owner in writing by certified mail of the date, time, and place of the hearing, and such notice shall be mailed to the dog owner at least ten days prior to the date of the hearing. At the hearing, the owner of the dog shall be given the opportunity to testify and present evidence, and, in addition thereto, the city manager or designee shall receive such other evidence and hear such other testimony as the hearing board may find reasonably necessary to make a determination either to sustain, modify, or overrule the city manager or designee's classification of the dog.

(c)

Within ten days after the date of the hearing, the city manager or designee shall notify the dog owner in writing by certified mail of its determination on the matter. If such determination is that the dog is a dangerous or potentially dangerous dog, the notice shall specify the date upon which that determination is effective.

(d)

A certificate of registration to the effect that the dog owner has a dangerous or potentially dangerous dog shall also be issued by the city manager or designee, and is contingent upon the dog owner presenting to the city manager or designee evidence of:

((1)

An enclosure as prescribed in this chapter for confinement of a potentially dangerous or dangerous dog;

((2)

The proper posting of the premises as prescribed in this chapter; and

(3)

An insurance policy or surety bond in the amount of $15,000.00, insuring the owner against liability for any personal injuries inflicted by a dangerous dog. This shall apply to dogs classified as dangerous, only.

(e)

An annual fee of $100.00 will be charged in addition to regular dog licensing fees, to register dangerous and potentially dangerous dogs. This registration fee is subject to change as dictated by the city council. Certificates of registration shall be renewed on an annual basis. At the time of the annual renewal of a certificate of registration, the city manager or designee shall require evidence from the owner or make such investigation as may be necessary to verify that the dangerous or potentially dangerous dog is continuing to be confined in a proper enclosure and that the owner is continuing to comply with other provisions of this chapter.

(f)

Issuance of a certificate of registration or the renewal of a certificate of registration by the city manager or designee does not warrant or guarantee that the requirements specified in this chapter are maintained by the owner of a dangerous or potentially dangerous dog on a continuous basis following the date of the issuance of the initial certificate of registration, or following the date of any renewal of such certificate.

(g)

The owner of a dangerous or potentially dangerous dog shall notify the city manager or designee within 24 hours if the dog is on the loose, is unconfined, has attacked a human, has died, or been sold, stolen or donated. If the dog is sold or donated, the owner shall also provide the name, address and telephone number of the new owner. If sold or donated to another resident of the city, the new owner has ten days after taking possession of the dog to register the dog with the city manager or designee. If the owner moves with the dog from one jurisdiction to another within the state, the owner shall register the dangerous or potentially dangerous dog in the new jurisdiction within ten days after becoming a resident.

(h)

The owner of a dangerous or potentially dangerous dog who is a new resident of the state shall register the dog as required in this article within 30 days after becoming a resident.

(Ord. No. 2006-02-09, ch. 5, art. 3, § 2, 2-7-2006)

State law reference

Registration of dangerous dogs, O.C.G.A. § 4-8-25; notice to owner of dangerous dog, O.C.G.A. § 4-8-24.