Version 1 · Effective April 2, 2025
MILLER COUNTY, GEORGIA
ANIMAL CONTROL ORDINANCE NO. 2024-05
AN ORDINANCE of Miller County, Georgia, to provide for the safety, good order, humane treatment, control, and maintenance of animals within the unincorporated areas of Miller County, Georgia; to regulate animals running at large; to provide for the control of nuisance, dangerous, and vicious animals; to regulate livestock and poultry; to provide for rabies control; to prohibit animal cruelty, abandonment, and animal fighting; to establish enforcement procedures and penalties; to provide for an Animal Control Board; to repeal conflicting ordinances; and for other lawful purposes.
WHEREAS,
the Board of Commissioners of Miller County, Georgia, is the governing authority of Miller County; and
WHEREAS,
the Board of Commissioners has determined that reasonable regulation of animals is necessary to protect the health, safety, welfare, and property of the citizens of Miller County and to promote the humane treatment of animals; and
WHEREAS,
the Board desires to establish uniform regulations applicable within the unincorporated areas of Miller County regarding animal ownership, control, care, confinement, nuisance conditions, dangerous animals, rabies, and enforcement;
NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of Miller County, Georgia, as follows:
Section 1. Purpose.
The purposes of this Ordinance are to provide for the safety, good order, general welfare, humane treatment, and maintenance of animals; to limit the number and types of animals which may be kept and maintained where appropriate; to prohibit certain animals; to provide for the control of animals; to provide for the control of rabies and zoonoses; to prohibit fighting dogs, cocks, and other animals; to provide for an Animal Control Board; to provide for seizure, confinement, reclamation, forfeiture, abandonment, surrender, adoption, and lawful disposition of animals; and generally to provide for the public health, safety, and welfare of the citizens of Miller County.
Section 2. Jurisdiction.
The provisions of this Ordinance shall apply within the unincorporated areas of Miller County, Georgia.
Section 3. Administration and Interpretation.
The authority and responsibility for administration of this Ordinance shall rest with the Miller County Board of Commissioners.
The County Manager shall designate the Animal Control Department Head or other appropriate official charged with enforcing this Ordinance.
The Animal Control Department shall coordinate and cooperate with the Miller County Board of Health, Miller County Sheriff's Office, and such other agencies as the Board of Commissioners deems appropriate.
The Animal Control Department Head shall issue interpretations of this Ordinance upon written request when necessary.
Section 4. Enforcement and Penalties.
(a) Enforcement.
It shall be the duty of the Animal Control Officer, under the direction of the Animal Control Department Head, to enforce this Ordinance.
Authorized law enforcement officers and other county officials may assist in enforcement within the scope of their lawful authority.
(b) Violations.
Violations of this Ordinance shall be prosecuted in the court having jurisdiction over violations of Miller County ordinances.
Upon conviction for a first offense, the court may impose a fine of up to $1,000.00 per day for each day if the violation or condition exists.
Upon conviction for a second or subsequent offense occurring within a twelve-month period, the court may impose a fine of up to $1,000.00 per day for each day the violation or condition exists.
The County may additionally pursue any remedy authorized by law or equity to prevent, restrain, correct, remove, or abate a violation or recover damages.
Section 5. Definitions.
For purposes of this Ordinance:
Abused animal means any animal that is mistreated, beaten, tormented, teased, deprived of water, food, shelter, humane care, or necessary sanitary conditions; abandoned; or unlawfully trained or used for animal fighting.
Animal means a multicellular organism of the kingdom Animalia and includes domestic animals, livestock, poultry, pets, and other animals regulated by this Ordinance.
Animal Control Board means the board established under this Ordinance.
Animal Control Officer means a person designated by Miller County to enforce this Ordinance.
Animal shelter means any facility operated by or under contract with Miller County for the purpose of impounding or harboring seized, stray, diseased, nuisance, dangerous, neglected, deprived, abused, homeless, abandoned, or unwanted animals or birds, and includes other facilities lawfully authorized to provide such services.
At heel means that an animal is in the immediate vicinity of its owner and is clearly under the owner's voice control.
At large means an animal located upon a public street, right-of-way, park, or other public property, or off the premises of its owner or custodian, without being under restraint or immediate control.
Bite means contact by the teeth or jaws of an animal resulting in a nip, grip, wound, piercing, break, or abrasion of the skin.
Board of Health means the Miller County Board of Health.
Breeder-hobbyist means a person maintaining more than four animals as a hobby but producing no more than two litters of any species during any twelve-month period.
Breeder-professional means a person who breeds animals for sale and maintains any required business license or produces more than two litters of any species during a twelve-month period and otherwise satisfies applicable licensing requirements.
Cat means a domestic feline of any breed and age.
Court means the court having jurisdiction over violations of Miller County ordinances.
Custodian means any person having responsibility for or exercising custody, charge, care, or control over an animal.
Dangerous or vicious animal means an animal determined to be dangerous or vicious under applicable Georgia law or this Ordinance.
Dead animal means the carcass, parts of the carcass, effluent, or blood of a deceased animal.
Deprived animal means an animal that has not been provided adequate food, water, humane care, sanitary shelter, protection from inclement weather, ventilation, or other necessary care.
Diseased animal means an animal suffering from a disease or condition for which quarantine is required or which is contagious or dangerous to humans or other animals.
Dog means a domestic canine of any breed or age.
Domestic animal includes dogs, cats, livestock, poultry, domesticated rabbits, and other animals and birds raised or maintained in confinement as pets or for work, food, agricultural, or recreational purposes.
Equine means horses, mules, asses, donkeys, and other members of the Equidae family.
Euthanasia means humane death accomplished by a method designed to produce rapid loss of consciousness followed by death with minimal pain and suffering.
Exposed to rabies means a person or animal bitten by or otherwise exposed to a warm-blooded animal known or suspected to be infected with rabies.
Free-running line means a line attached or secured by a swivel or other device intended to prevent the line from wrapping around an object.
Guard dog means a dog trained to attack persons independently or upon command and reasonably expected to perform as a guardian of its owner or property.
Harboring means keeping an animal or allowing an animal to return daily for food and care for a period of ten days or more.
Humane manner means care of an animal that includes protection from injury, adequate protection from heat and cold, ventilation, sanitary shelter, wholesome food, potable water, and conditions appropriate to the animal's size, species, breed, and normal needs.
Kennel means an establishment maintained for breeding, selling, training, or boarding animals.
Nuisance animal means an animal meeting one or more of the nuisance conditions identified in Section 18 of this Ordinance.
Owner means any natural person or legal entity owning, possessing, harboring, keeping, or exercising custody or control over an animal within Miller County.
Poison means a substance which, through chemical action, kills, injures, or impairs an organism.
Potentially dangerous dog means a dog meeting the definition established by applicable Georgia law.
Poultry includes domestic fowl such as chickens, geese, ducks, turkeys, game birds, guinea fowl, pigeons, doves, peafowl, emus, ostriches, and similar birds.
Pound means premises designated by the Board of Commissioners for holding and caring for animals impounded pursuant to this Ordinance.
Proper enclosure means a securely enclosed and locked pen, fence, building, or other structure suitable to prevent entry by unauthorized persons and to prevent the animal from escaping. Such enclosure shall provide humane protection from the elements.
Rabies vaccination means inoculation of an animal with an approved rabies vaccine.
Severe injury shall have the meaning established by applicable Georgia law.
Stray means an animal running at large for which no person claims ownership.
Under restraint means secured by a leash or lead not exceeding six feet in length and held by a responsible, able-bodied person.
Vicious animal means a dangerous animal as regulated by this Ordinance and applicable Georgia law.
Section 6. Right of Officials to Enter Premises.
Whenever an Animal Control Officer, representative of the health department, authorized law enforcement officer, or other authorized County official has reasonable cause to believe that a violation exists upon property, the official may seek lawful entry for inspection or enforcement.
If the property is occupied, the official shall present appropriate credentials and request entry, explaining the reason for the inspection.
If the property is unoccupied, reasonable efforts shall be made to locate the owner or person responsible for the property and request entry.
If entry is refused, the County shall use the remedies provided by law to obtain lawful entry.
Nothing in this section shall limit lawful authority to pursue or impound an animal or issue a citation when otherwise authorized by law.
Section 7. Emergency Entry.
When an Animal Control Officer, health department representative, law enforcement officer, or other authorized County official has reasonable cause to believe that the keeping or maintaining of an animal creates an immediate danger to the animal or to public health or safety, the official may take emergency action to the extent authorized by law.
Section 8. Interference With Officials Prohibited.
No person shall knowingly resist, obstruct, hinder, or interfere with an Animal Control Officer or other authorized official in the lawful performance of duties under this Ordinance.
No person shall knowingly interfere with the lawful operation of an animal shelter or unlawfully remove an animal from such facility.
Section 9. Dead Animals on Public Rights-of-Way.
The owner of a dead animal located upon a public right-of-way shall remove and lawfully dispose of the carcass.
If the owner fails to do so, Miller County may remove and dispose of the carcass and may charge the reasonable cost of removal and disposal to the owner, if known and where permitted by law.
Section 10. Abandonment of Dead Animals on Public Property.
No person shall abandon a dead animal upon public property or a public right-of-way except at a facility lawfully designated for receiving such material.
Section 11. Dead Animals on Private Property.
When a dead animal is located upon private property, the owner of the animal or owner of the premises shall cause the animal to be removed and lawfully disposed of within a reasonable period.
Failure to do so when the carcass creates a nuisance or health hazard shall constitute a violation.
Section 12. Abandonment of Dead Animals on Private Property.
No person shall intentionally abandon a dead animal upon private property belonging to another without first obtaining permission from the property owner.
Section 13. Livestock on Public Rights-of-Way.
No person shall allow horses, cattle, sheep, goats, swine, or other livestock to run at large upon public rights-of-way.
Livestock lawfully being led or driven along or across a public right-of-way shall remain under the control of a responsible person.
Section 14. Abandonment of Animals.
No person shall release or leave an animal upon public or private property with the intention of abandoning the animal.
Section 15. Liability for Damage to Livestock or Poultry.
The owner or custodian of an animal that enters the property of another and causes injury, death, or damage to livestock or poultry may be civilly liable as provided by Georgia law.
Nothing in this section shall limit another civil or criminal remedy available under law.
Section 16. Animals in Heat.
No owner or custodian of an animal in heat shall knowingly permit the animal to roam or run free.
Such animal shall be confined in a building or securely enclosed in a manner reasonably designed to prevent unintended breeding.
Section 17. Limitation on Number of Animals.
(a) Residential subdivisions.
Within subdivisions consisting of six or more residential lots in the unincorporated areas of Miller County, no residential lot shall contain more than four animals, excluding offspring less than six months of age.
Animals maintained at such property shall be kept in accordance with this Ordinance.
Any required outdoor enclosure shall be located no closer than ten feet from the nearest property line.
A person seeking to keep more than four animals at such premises shall obtain any kennel license or other approval required by Miller County.
(b) Exceptions.
This section shall not apply to:
1. Licensed veterinarians;
2. Animal shelters;
3. Legitimate educational, health, or research institutions or agencies; or
4. Federal, state, or local governmental entities, agencies, or instrumentalities.
Section 18. Nuisance Animals.
It shall be unlawful for an owner or custodian to knowingly permit an animal to constitute a nuisance.
A nuisance includes an animal that:
1. Runs at large or unattended upon streets, highways, public property, or the property of another without permission;
2. Causes a disturbance lasting 15 minutes or longer, including excessive barking, whining, howling, honking, crowing, braying, crying, or other noise;
3. Chases vehicles, bicycles, pedestrians, joggers, or other persons;
4. Continuously barks at or attacks passersby;
5. Causes an unsanitary, dangerous, or offensive condition;
6. Creates noxious or offensive odors detectable beyond the owner's property;
7. Is trained, owned, maintained, or harbored for unlawful animal fighting;
8. Is in heat and allowed upon a road, street, public property, or other property without authorization;
9. Is repeatedly found at large; or
10. Is otherwise maintained contrary to applicable public-health and safety requirements.
The ordinary sounds, smells, and activities of lawful agricultural or ranch operations shall not constitute a nuisance solely because they are detectable outside the property, subject to applicable Georgia law.
Section 19. Prohibited Animals.
Except as otherwise lawfully authorized, no person shall own, keep, harbor, or maintain within the unincorporated areas of Miller County:
1. Poisonous or venomous biting or injecting species of amphibians or reptiles, including venomous snakes;
2. Animals classified by Georgia law as inherently dangerous to humans unless lawfully permitted;
3. Animals or species whose possession is prohibited by state or federal endangered-species laws;
4. Animals suffering from diseases contagious to humans or other animals that are not under appropriate treatment or quarantine;
5. Non domesticated carnivorous animals having a dangerous propensity toward persons, animals, or property;
6. Animals required to receive rabies vaccination that are not currently vaccinated; or
7. Animals for which proof of required rabies vaccination cannot be produced.
This section shall be administered consistently with applicable state licensing requirements governing animal dealers, livestock dealers, livestock markets, kennels, and professional breeders.
Section 20. Animal Control Board.
There is hereby established a Miller County Animal Control Board.
The purpose of the Board shall be to hear and determine matters assigned to it under applicable Georgia dangerous-dog law and such other matters as may lawfully be assigned by Miller County ordinance.
Section 21. Membership.
The Animal Control Board shall consist of three members and one alternate member.
The Miller County Board of Commissioners shall appoint the members.
To the extent practicable, membership shall consist of:
1. A veterinarian;
2. A Miller County employee; and
3. A citizen of Miller County.
The alternate shall likewise be a veterinarian, County employee, or County citizen.
Members shall serve three-year terms, unless otherwise established by the Board of Commissioners.
Section 22. Compensation.
Members of the Animal Control Board shall serve without compensation unless otherwise authorized by the Miller County Board of Commissioners.
Section 23. Disqualification and Conflicts of Interest.
No member shall participate in a hearing or decision involving an animal about which the member has personal knowledge outside his or her official capacity when such knowledge would prevent impartial consideration.
A member having a personal or financial interest or relationship concerning an animal, owner, matter, or issue pending before the Board shall disclose the conflict and shall not participate when disqualification is appropriate.
Section 24. Meetings.
Meetings of the Animal Control Board shall be held as necessary.
Meetings shall be open to the public and conducted in accordance with the Georgia Open Meetings Act where applicable.
Records shall be maintained in accordance with the Georgia Open Records Act.
Section 25. Duties and Responsibilities.
The Animal Control Board shall hear and determine matters authorized by applicable Georgia law and Miller County ordinance, including matters involving classification of dangerous or vicious dogs when assigned to the Board.
Section 26. Rules and Regulations.
The Animal Control Board may recommend rules, policies, procedures, and regulations necessary for conducting its business.
Such rules shall be subject to approval by the Miller County Board of Commissioners or its lawful designee.
Section 27. Chairman and Vice Chairman.
The Animal Control Board shall select a Chairman and Vice Chairman from among its members.
The Chairman shall preside at meetings and hearings.
The Vice Chairman shall perform the duties of Chairman in the Chairman's absence or disqualification.
Section 28. Secretary.
The Animal Control Department shall designate a person or official to serve as Secretary to the Animal Control Board.
The Secretary may, but need not, be a member of the Board.
Section 29. Duties of Secretary.
The Secretary or designee shall:
1. Prepare and conduct official correspondence;
2. Receive and file correspondence;
3. Receive and file hearing requests and applications;
4. Receive filings from Animal Control Officers and other public officials;
5. Review filings for compliance;
6. Coordinate scheduling of meetings and hearings;
7. Maintain a calendar and docket;
8. Prepare agendas and distribute appropriate materials;
9. Prepare and issue required notices;
10. Attend meetings and hearings;
11. Maintain evidence presented to the Board;
12. Prepare and maintain minutes;
13. Maintain records, files, and notices;
14. Maintain a record of matters and decisions;
15. Record the names and addresses of persons presenting evidence or testimony;
16. Arrange transcripts when lawfully directed and approved;
17. Notify appropriate persons of decisions; and
18. Perform other duties assigned by the Board and approved by the County Manager.
Section 30. Authority of Animal Control Board.
The Animal Control Board shall possess only the authority granted by Georgia law or Miller County ordinance.
The Board shall have no independent authority to expend County funds, direct County employees, or enter contracts on behalf of Miller County except as specifically authorized by law.
Section 31. Dangerous and Vicious Animals.
(a) Running at large prohibited.
No owner or custodian of an animal known or legally classified as dangerous or vicious shall allow the animal to run at large.
(b) Confinement.
A dangerous or vicious animal shall be securely and humanely confined within a house, building, locked pen, fence, kennel, or other proper enclosure designed to prevent escape and unauthorized entry.
(c) Outdoor enclosures.
When such an animal is maintained outdoors, the enclosure shall:
1. Be of adequate size;
2. Have secure sides;
3. Be securely anchored or constructed to prevent escape by digging;
4. Have a securely locked gate when unattended; and
5. Provide adequate protection from the elements.
(d) Public places.
A dangerous or vicious animal shall not be upon a street or other public place unless securely restrained by a leash not exceeding six feet and under the control of a competent person.
A muzzle shall be used when required by Georgia law or when lawfully required as a condition of the animal's classification.
(e) Outside enclosure.
Whenever outside its proper enclosure, the animal shall be attended by its owner or custodian and securely restrained.
(f) Warning sign.
A conspicuous warning sign, such as "Beware of Dog," shall be posted when a dangerous or vicious animal is maintained upon the premises and such posting is required by law or County determination.
(g) Violation.
Failure to properly confine or restrain a dangerous or vicious animal as required by this Ordinance shall be unlawful.
Section 32. Tethering of Animals.
(a)
It shall be unlawful to tether an animal using a chain, rope, cable, or similar restraint that is shorter than three times the length of the animal measured from the nose to the tip of the tail.
(b)
It shall be unlawful to tether an animal with a chain or other restraint whose weight causes unreasonable pain, injury, or stress.
(c)
It shall be unlawful to attach a weight to a tether for the purpose of making an animal pull the weight.
(d)
Any tethering arrangement shall allow the animal reasonable access to shelter and potable water and shall not create an unreasonable risk of strangulation, entanglement, or injury.
Section 33. Compliance With Georgia Law.
Nothing contained in this Ordinance shall be construed to authorize conduct prohibited by the laws of the State of Georgia.
Where Georgia law imposes a requirement that supersedes or preempts a provision of this Ordinance, Georgia law shall control.
Section 34. Severability.
If any section, subsection, sentence, clause, phrase, or provision of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, such determination shall not affect the validity of the remaining provisions.
Section 35. Repeal of Conflicting Ordinances.
All ordinances and parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of such conflict.
Section 36. Effective Date.
This Ordinance shall become effective upon its lawful adoption by the Miller County Board of Commissioners, unless a different effective date is stated herein.
ADOPTION
SO ORDAINED AND ADOPTED by the Miller County Board of Commissioners at a duly called and properly noticed public meeting held on the 10th day of February, 2025.
MILLER COUNTY BOARD OF COMMISSIONERS
________________________________________
Chairman
ATTEST:
________________________________________
County Clerk
COUNTY SEAL
Effective: April 2, 2025