Georgia Code, Volume 04, 2012 Supplement

2012·21.1 MB·English

by  State of Georgia

OFFICIAL CODE OF GEORGIA
ANNOTATED
2012 Supplement
Including Acts ofthe 2012 Regular Session ofthe General Assembly
Prepared by
The Code Revision Commission
The Office ofLegislative Counsel
and
The Editorial Staff ofLexisNexis®
Published Under Authority ofthe State of Georgia
Volume 4
1995 Edition
Title 4. Animals
Title 5. Appeal and Error
Title 6. Aviation
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and the GeorgiaAppeals Reports
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ISBN 978-0-327-11074-3 (set)
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5012429
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THIS SUPPLEMENT CONTAINS
Statutes:
All laws specifically codified by the General Assembly ofthe State of
Georgia through the 2012 Regular Session ofthe General Assembly.
Annotations of Judicial Decisions:
Case annotations reflecting decisions posted to LexisNexis® through
March 30, 2012. These annotations will appear in the following tradi-
tional reporter sources: Georgia Reports; Georgia Appeals Reports;
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United States Reports; and Bankruptcy Reporter.
Annotations ofAttorney General Opinions:
Constructions ofthe Official Code ofGeorgia Annotated, prior Codes
ofGeorgia, Georgia Laws, the Constitution ofGeorgia, and the Consti-
tution of the United States by the Attorney General of the State of
Georgia posted to LexisNexis® through March 30, 2012.
OtherAnnotations:
References to:
Emory Bankruptcy Developments Journal.
Emory International Law Review.
Emory Law Journal.
Georgia Journal of International and Comparative Law.
Georgia Law Review.
Georgia State University Law Review.
Mercer Law Review.
Georgia State Bar Journal.
Georgia Journal ofIntellectual Property Law.
American Jurisprudence, Second Edition.
American Jurisprudence, Pleading and Practice.
American Jurisprudence, ProofofFacts.
American Jurisprudence, Trials.
Corpus Juris Secundum.
Uniform Laws Annotated.
American Law Reports, First through Sixth Series.
American Law Reports, Federal.
Tables:
In Volume 41, a Table Eleven-A comparing provisions of the 1976
Constitution ofGeorgia to the 1983 Constitution ofGeorgia and a Table
Eleven-B comparing provisions of the 1983 Constitution of Georgia to
the 1976 Constitution of Georgia.
An updated version of Table Fifteen which reflects legislation
through the 2012 Regular Session ofthe General Assembly.
iii
Indices:
A
cumulative replacement index to laws codified in the 2012 supple-
ment pamphlets and in the bound volumes ofthe Code.
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IV
TITLE 4
ANIMALS
Chap.
1. General Provisions, 4-1-1 through 4-1-6.
2. Marks and Brands, 4-2-1 through 4-2-5.
3. Livestock Running at Large or Straying, 4-3-1 through
4-3-12.
4. Prevention and Control of Disease in Livestock, 4-4-1
through 4-4-181.
5. Disposal of Diseased, Disabled, or Dead Animals, 4-5-1
through 4-5-11.
6. Livestock Dealers and Auctions, 4-6-1 through 4-6-55.
8. Dogs, 4-8-1 through 4-8-45.
10. Dealers in Exotic Birds and Pet Birds, 4-10-1 through
4-10-12.
11. Animal Protection, 4-11-1 through 4-11-35.
13. Humane Care for Equines, 4-13-1 through 4-13-10.
15. Dog and Cat Reproductive Sterilization Support, 4-15-1.
CHAPTER
1
GENERAL PROVISIONS
Sec.
4-1-6. Obstruction, interference, or
hindrance ofduties.
4-1-6. Obstruction, interference, or hindrance of duties.
It shallbe unlawful for anyperson to obstruct, interfere, orhinderthe
Commissioner, his or her designated agents and employees, an animal
control officer, or a dog control officer in the lawful discharge ofhis or
her official duties pursuant to this title. Any person convicted of a
violation ofthis Code section shall be punished as provided in subsec-
tion (b) ofCode Section 16-10-24. (Code 1981, § 4-1-6, enacted by Ga. L.
2000, p. 754, § 2.)
2012 Supp.
4-1-6 ANIMALS 4-2-1
—
Effective date. This Code section and may be cited as the 'Animal Protec-
became effective Ma—y 1, 2000. tionAct of2000.'" —
Editor's notes. Ga. L. 2000, p. 754, Law reviews. For note on 2000
§ 1, notcodifiedbythe GeneralAssembly, amendment of O.C.G.A. § 4-1-6, see 17
provides that: "This Act shall be known Ga. St. U.L. Rev. 12 (2000).
CHAPTER
2
MARKS AND BRANDS
Sec.
4-2-1. Mark, b—rand, or tattoo regis-
tration certificates.
—
4-2-1. Mark, brand, or tattoo registration certificates.
(a) Any person owning any livestock and desiring to register a mark,
brand, or tattoo shall apply to the Commissioner for a certificate of
mark, brand, or tattoo registration. Application for a certificate shall be
made on forms provided by the department. Applications shall contain
or be accompanied by such information as may be required by rule or
regulation. In issuing certificates, the Commissioner shall not issue
certificates to more than one person for the same or substantially
identical marks, brands, or tattoos. There shall be no charge or fee for
registration.
(b) Prior to July 1 of 1974 and on or before the same date every fifth
year thereafter, the Commissioner shall purge from his lists of regis-
trations the registrations of all marks, brands, or tattoos which the
person to whom they are registered does not desire to retain as a
registered mark, brand, or tattoo. Prior to removing a mark, brand, or
tattoo from registration, the Commissioner shall, by registered or
certified mail or statutory overnight delivery, notify the person to whom
the mark, brand, or tattoo is registered that the registration will be
canceled unless the Commissioner is notified within a period of three
months from the date of mailing that such person desires to continue
the registration ofhis mark, brand, or tattoo. Ifthe Commissioner does
not receive a reply within three months, he may cancel the registration
ofsuch mark, brand, ortattoo and maythen reassign such mark, brand,
or tattoo to any person seeking to register it, under such rules and
regulations as may be prescribed by the Commissioner.
(c) It shall be the duty ofthe Commissioner to transmit a copy ofany
certificate of mark, brand, or tattoo registration to the judge of the
probate court of the county of residence of the person to whom the
certificate is issued or to thejudge ofthe probate court ofthe county in
2 2012 Supp.
4-2-1 LIVESTOCK RUNNINGAT LARGE OR STRAYING 4-3-2
which the animals to be marked, branded, or tattooed are located ifthe
owner thereof is not a resident of this state. The judge ofthe probate
court may record the certificate in a book kept by him for that purpose.
(d) No provision ofthis chapter shall affect or impair the validity of
any mark, brand, or tattoo registered or recorded in the office of the
Commissioner prior to April 1, 1974. (Ga. L. 1953, Nov.-Dec. Sess., p.
175, § 2; Code 1933, § 62-102, enacted by Ga. L. 1974, p. 1003, § 1; Ga.
L. 1995, p. 244, § 3; Ga. L. 2000, p. 1589, § 3; Ga. L. 2008, p. 458,
§ 2/SB 364.)
The 2000 amendment, effective July following "any livestock" in the first sen-
1, 2000, substituted"certifiedmailorstat- tence ofsubsection—(a).
utory overnight delivery" for "certified Editor'snotes. Ga. L. 2000, p. 1589,
mail"in the second sentence ofsubsection § 16, not codified by the General Assem-
(b). bly, provides that the amendment to this
The 2008 amendment, effective May Code section is applicable with respect to
12, 2008, deleted ", including any ratite," notices delivered on or after July 1, 2000.
CHAPTER
3
LIVESTOCK RUNNING AT LARGE OR STRAYING
Sec.
4-3-2. Definitions.
4-3-1. Legislative intent.
JUDICIAL DECISIONS
—
Preemption of local laws. This local laws on the subject by declaring the
Code section specifically finds and de- need for uniformity. Hortman v. Guy, 242
clares anecessityforauniform state-wide Ga. App. 174, 529 S.E.2d 182 (2000).
livestocklawembracingallpublicroadsin Cited in Cotton v. State, 263 Ga. App.
the state, therefore, it expresslypreempts 843, 589 S.E.2d 610 (2003).
RESEARCH REFERENCES
Am. Jur. Pleading and Practice
—
Forms. 1CAm.Jur. PleadingandPrac-
tice Forms, Animals, § 33.
4-3-2. Definitions.
As used in this chapter, the term:
(1) "Livestock" means all animals of the equine, bovine, or swine
class, including goats, sheep, mules, horses, hogs, cattle, and other
grazing animals.
2012 Supp. 3
4-3-2 ANIMALS 4-3-3
(2) "Owner" means any person, association, firm, or corporation,
natural or artificial, owning, having custody of, or in charge of
livestock.
(3) "Public roads" means any street, road, highway, or way, includ-
ing the full width ofthe right ofway, which is open to the use ofthe
public for vehicular travel.
(4) "Running at large" or "straying" means any livestock which is
not under manual control of a person and which is on any public
roads ofthis state or on any property not belonging to the owner of
the livestock, unless bypermission ofthe owner ofsuch property. (Ga.
L. 1953, Jan.-Feb. Sess., p. 380, § 2; Ga. L. 1953, Nov.-Dec. Sess., p.
395, § 2; Ga. L. 1995, p. 244, § 4; Ga. L. 2008, p. 458, § 3/SB 364.)
The 2008 amendment, effective May and rheas" following "grazing animals"
12, 2008, deleted ", and all ratites, includ- from the end ofparagraph (1).
ing, but not limited to, ostriches, emus,
JUDICIAL DECISIONS
"Owner" construed. denned in this Code section. Supchak v.
Ownerofapasturewho allowedherson Pruitt, 232 Ga. App. 680, 503 S.E.2d 581
to keep his horse in the pasture was not (1998).
an "owner" of the horse as that term is
4-3-3. Permitting livestock to run at large or stray.
JUDICIAL DECISIONS
O.C—.G.A. § 4-3-3 is not a penal stat- O.C.G.A. § 4-3-3, and summaryjudgment
ute. Appellate courtheldthatO.C.GA. for owners was proper in a driver's claim
§ 4-3-3 was not a penal statute and it arising out of an accident in which the
reversed the trial court's judgment con- driverstruckacowbecause,interalia,the
victing defendant and defendant's spouse evidence showed that the fencing sur-
ofviolating that statute. Cotton v. State, roundingthepasturewherethecowswere
263 Ga. App. 843, 589 S.E.2d 610 (2003). kept was in good repair and the gates
Owner of a pasture who allowed her were closed at the time of the driver's
son to keep his horse in the pasture was accident; evidence was presented thatthe
notan"owner"ofthehorseasthattermis fencingwassufficienttoconfinethecattle,
definedin§ 4-3-2(2)and,therefore, under that the owners monitoredthe fences reg-
no obligation to prevent the horse from ularly, and that, afterleavingthe scene of
escaping. Supchakv. Pruitt, 232 Ga. App. the accident, one ofthe owners confirmed
680, 503 S.E.2d 581 (1998). — that all ofthe gates were closed and that
Evidence ofownership required. the fences remained in good condition.
Grant ofsummaryjudgmentto defendant The driverdid notpresent any admissible
on plaintiff's claim for damages after his evidence to challenge these claims and
carhit a cow was properbecause plaintiff accordingly there was no evidence ofneg-
failed to show that defendant owned the ligence committedbytheowners, butonly
cow. Taylor v. Thompkins, 242 Ga. App. impermissible speculation. West v. West,
789, 531 S.E.2d 360 (2000). 299 Ga. App. 643, 683 S.E.2d 153 (2009).
—No evidence ofowners' negligence. Cited in Johns v. Marlow, 252 Ga.App.
There was no evidence ofaviolation of 79, 555 S.E.2d 756 (2001).
4 2012 Supp.
4-3-3 CONTROL OF DISEASE IN LIVESTOCK T.4, C.4
RESEARCH REFERENCES
Am. —Jur. Pleading and Practice
Forms. 1CAm.Jur. PleadingandPrac-
tice Forms, Animals, § 68.
4-3-4. Impoundment of livestock running at large or straying.
—
Law reviews. For annual survey on
local government law, see 61 Mercer L.
Rev. 255 (2009).
JUDICIAL DECISIONS
—
Official immunity for death of an—i- and others as circumstan—ces including
mal duringimpoundment attempt. the behavior ofthe animal changed; un-
Trial court did not err in finding that a dersuchchangingcircumstances,thedep-
sheriff's deputy was entitled to official uty was required to exercise considerable
immunity after killing an owner's bull deliberation and judgment, which ren-
while attempting to impound the bull be- dered the deputy's actions discretionary.
cause the deputy's actions were discre- Todd v. Brooks, 292 Ga. App. 329, 665
tionary. Tocontrolapotentiallydangerous S.E.2d 11 (2008), cert, denied, No.
animal pursuant to O.C.G.A. § 4-3-4(a), S08C1859, 2008 Ga. LEXIS 924 (Ga.
the deputy was required to make deci- 2008).
sions concerning the safety ofthe deputy
4-3-12. Permitting livestock to run at large or stray; releasing
impounded livestock; penalty.
JUDICIAL DECISIONS
—
Relationship to other statutes. victing defendant and defendant's spouse
Appellate court held that O.C.G.A. who were charged under § 4-3-3 instead
§ 4-3-3 was not a penal statute and it ofO.C.G.A. § 4-3-12. Cotton v. State, 263
reversed the trial court's judgment con- Ga. App. 843, 589 S.E.2d 610 (2003).
CHAPTER
4
PREVENTION AND CONTROL OF DISEASE IN
LIVESTOCK
Article 1 Sec.
Control ofInfectious or Contagious 4-4-2.1 Fees for services rendered to
A.P.H.I.S. programs.
Diseases in Livestock
4-4-5. Reserved.
Part 1 4-4-6. Penaltyfor introducingforeign
animal disease; notice and re-
General Provisions
porting required for certain
Sec. diseases; exception for bona
4-4-1.1. "Livestock" denned. fide research activities.
2012 Supp. 5
T.4, C.4 ANIMALS 4-4-1.1
Part 4 Article 3
Equine Diseases
Preventing Spread of Livestock Diseases
Sec.
4-4-60. Exterminationofparasites and 4-4-117. Veterinary services at equine
development of livestock in- sales; fees.
dustry under supervision and
Article 5
control of Commissioner; em-
ploymentofinspectors andvet- Deer Farming
erinarians; public report. 4-4-170. Purpose.
4-4-69. Regulationofmanufacture and 4-4-171. Definitions.
use ofdisease vectors. 4-4-172. Deer-farming license; records;
facilities.
Part 5 4-4-173. Health and transportation re-
Live Poultry Dealers, Brokers, and quirements.
Market Operators 4-4-174. Escaped deer or cervid.
4-4-175. Compliance with departments.
4-4-80. Definitions. 4-4-176. Application.
4-4-82. License requirement; records 4-4-177. Rules and regulations.
requirement; transportation 4-4-178. Injunctions.
equipment; disposal of dead 4-4-179. Administrative hearings; pen-
poultry. alty.
4-4-82.1. Limitation on slaughter oflive 4-4-180. Release.
poultry. 4-4-181. Penalty.
ARTICLE
1
CONTROL OF INFECTIOUS OR CONTAGIOUS DISEASES IN
LIVESTOCK
Part 1
General Provisions
4-4-1.1. "Livestock" defined.
As used in this chapter, the term:
(1) "Livestock" means cattle, swine, equines, poultry, sheep, goats,
nontraditional livestock, and ruminants.
(2) "Nontraditional livestock" means the species of Artiodactyla
(even-toed ungulates) listed as bison, water buffalo, farmed deer,
llamas, and alpacas that are held and possessed legally and in a
manner which is not in conflict with the provisions of Chapter 5 of
Title 27 dealing with wild animals. (Code 1981, § 4-4-1.1, enacted by
Ga. L. 1986, p. 425, § 1; Ga. L. 1995, p. 244, § 5; Ga. L. 1997, p. 1395,
§ 1; Ga. L. 2008, p. 458, § 4/SB 364.)
The 1997 amendment, effective July (1), substituted "Livestock"for "livestock"
1, 1997,designatedtheparagraphs;added and inserted ", nontraditional livestock";
a colon following "term" in the and added paragraph (2).
undesignated paragraph; in paragraph The 2008 amendment, effective May
2012 Supp.