§ 10-123. Classification as dangerous dog or vicious dog.

(a)

No dog shall be classified as a dangerous dog or vicious dog for actions that occur while the dog is being used by a law enforcement or military officer to carry out the law enforcement or military officer's official duties. No dog shall be classified as a dangerous dog or a vicious dog if the person injured by such dog was a person who, at the time, was committing a trespass, was abusing the dog, or was committing or attempting to commit an offense under O.C.G.A. § 16-5-1 et seq.

(b)

When a dog control officer determines that a dog is subject to classification as a dangerous dog or vicious dog, the dog control officer shall mail, by certified mail or statutory overnight delivery to the recipient's last known address, a dated notice to the dog's owner within 72 hours. Such notice shall include a summary of the dog control officer's determination and shall state that the owner has a right to request a hearing from the animal control board on the dog control officer's determination within 15 days after the date shown on the notice. The notice shall also provide a form for requesting the hearing and shall state that if a hearing is not requested within the allotted time, the dog control officer's determination shall become effective for all purposes under this article.

(c)

When a hearing is requested by a dog owner in accordance with subsection (b) of this section, such hearing shall be scheduled within 30 days after the request is received; provided, however, that such hearing may be continued by the animal control board for good cause shown. At least ten days prior to the hearing, the animal control board shall mail to the dog owner written notice of the date, time, and place of the hearing. At the hearing, the dog owner shall be given the opportunity to testify and present evidence and the animal control board shall receive other evidence and testimony as may be reasonably necessary to sustain, modify, or overrule the dog control officer's determination.

(d)

Within ten days after the hearing, the animal control board shall mail written notice to the dog owner of its determination on the matter. If such determination is that the dog is a dangerous dog or a vicious dog, the notice of classification shall specify the date upon which that determination shall be effective. If the determination is that the dog is to be euthanized pursuant to subsection (g) of this section, the notice shall specify the date by which the euthanasia shall occur.

(e)

Judicial review of the animal control board's final decision may be had in accordance with O.C.G.A. § 50-13-19.

(f)

The judge of any superior court of competent jurisdiction within the state may order the euthanasia of a dog if the court finds, after notice and opportunity for hearing as provided by this section, that the dog has seriously injured a human or presents a danger to humans not suitable for control under this article and:

(1)

The owner or custodian of the dog has been convicted of a violation of any state criminal law and the crime was related to such dog; or

(2)

Any local governmental authority has filed with the court a civil action requesting the euthanasia of the dog.

(g)

A dog that is found, after notice and opportunity for hearing as provided by this section, to have caused a serious injury to a human on more than one occasion shall be euthanized; provided, however, that no injury occurring before July 1, 2012, shall count for purposes of this subsection.

(Code 1977, § 6-36; Ord. No. 11-13, § 1, 11-15-2011)