O.C.G.A.

O.C.G.A. § 4-11-9.6 (2019)

Disposal of impounded animal

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) The government agency having custody of an animal impounded pursuant to this article which is not returned to the owner as provided in Code Sections 4-11-9.3 and 4-11-9.5 may dispose of the animal through sale by any commercially feasible means, at a public auction or by sealed bids, or, if in the opinion of a licensed accredited veterinarian or a veterinarian employed by a state or federal government and approved by the Commissioner such animal has a temperament or condition such that euthanasia is the only reasonable course of action, by humanely disposing of the animal. (b) Any proceeds from the sale of such animal shall be used first to pay the costs associated with the impoundment, including, but not limited to, removal of the animal from the premises, shelter and care of the animal, notice, hearing, and disposition of the animal. Any funds remaining shall: (1) If the owner is unknown or cannot be found, be paid into the state treasury if the animal was impounded by the Commissioner or his or her designated agent or into the treasury of the local government if the animal was impounded by the sheriff, a deputy sheriff, another law enforcement officer, or an animal control officer; or (2) If the owner is known, be paid to the owner.

Page: 141

GA RV 13 RV 4(T4-6) - EP

Date: 06/14/13 Time: 10:58:25

(c) The government agency responsible for conducting the sale shall keep a record of all sales, disbursements, and distributions made under this article.

History

(Code 1981, § 4-11-9.6, enacted by Ga. L. 2000, p. 754, § 5.)

Annotations

Editor’s notes. - Ga. L. 2000, p. 754, § 1, not codified by the General Assembly, provides that: ‘‘This Act shall be known

and may be cited as the ‘Animal Protection Act of 2000.’ ’’

RESEARCH REFERENCES Am. Jur. Proof of Facts. - Misrepresentation in Sale of Animal, 35 POF2d 607.