TITLE 4 ANIMALS

Section 11. Animal Protection, 4-11-1 through 4-11-35.

ARTICLE 1 GENERAL PROVISIONS

4-11-9.3. Caring for an impounded animal.

1. It shall be the duty of any person impounding an animal under Code Section 4-11-9.2, 16-12-4, or 16-12-37 to make reasonable and proper arrangements to provide the impounded animal with humane care and adequate and necessary veterinary services. Such arrangements may include, but shall not be limited to, providing shelter and care for the animal at any state, federal, county, municipal, or governmental facility or shelter; contracting with a private individual, partnership, corporation, association, or other entity to provide humane care and adequate and necessary veterinary services for a reasonable fee; or allowing a private individual, partnership, corporation, association, or other entity to provide humane care and adequate and necessary veterinary services as a volunteer and at no cost.
2. Any person impounding an animal under this article or Code Section 16-12-4 or 16-12-37 or providing care for an impounded animal shall have a lien on such animal for the reasonable costs of caring for such animal. Such lien may be foreclosed in any court of competent jurisdiction to hear civil cases. Liens shall be foreclosed in magistrate courts only when the amount of the lien does not exceed the jurisdictional limits established by law for such courts.
3. Any person impounding an animal under this article shall be authorized to return such animal to its owner, upon payment by the owner of all costs of impoundment and care and upon the entry of a consent order, unless such owner has been convicted of, pled guilty to, or pled nolo contendere to animal cruelty or dog fighting under any local, state, or federal law, regulation, or ordinance, or in a prior administrative or legal action in this state or any other state, was found to have failed to provide humane care to an animal, committed cruelty to animals, or committed an act prohibited under Code Section 16-12-37 in violation of the laws of this state or of the United States or any of the several states. Such consent order shall provide conditions relating to the care and treatment of such animal, including, but not limited to, the following, that:
   1. Such animal shall be given humane care and adequate and necessary veterinary services;
   2. Such animal shall not be subjected to cruelty; and
   3. The owner shall comply with this article.
4. 1. The provisions of subsection (c) of this Code section shall not apply to an animal that was an object or instrumentality of a crime. Any agency impounding an animal as a result of a violation of Code Section 4-11-9.2, 16-12-4, or 16-12-37 shall not return such animal to its owner.
   2. Any agency having custody of an animal that was seized as an object or instrumentality of a crime may, with the consent of the prosecuting attorney, apply to the court having jurisdiction over the offense for an order authorizing such agency to dispose of the animal prior to trial of the criminal case as provided by law.

(Code 1981, §4-11-9.3, enacted by Ga. L. 2000, p. 754, § 5; Ga. L. 2008, p. 114, § 2-2/HB 301; Ga. L. 2016, p. 178, § 3/SB 356.)

The 2016 amendment, effective April 26, 2016, near the beginning of subsection (a), inserted ", 16-12-4, or 16-12-37"; in subsection (b), inserted "or Code Section 16-12-4 or 16-12-37" near the beginning of the first sentence and substituted "of competent jurisdiction to hear civil cases" for "that is competent to hear civil cases, including, but not limited to, magistrate courts" in the second sentence; near the middle of subsection (c), substituted "has been convicted of, pled guilty to, or pled nolo contendere to animal cruelty or dog fighting under any local, state, or federal law, regulation, or ordinance, or" for "unless such owner," for a comma; and rewrote subsection (d).