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O.C.G.A. § 4-13-3 — Prohibited acts | Georgia Code
O.C.G.A. § 4-13-3 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 4 ANIMALS

Section 13. Humane Care for Equines, 4-13-1 through 4-13-10.

ARTICLE 2 GEORGIA FARM ANIMAL, CROP, AND RESEARCH FACILITIES PROTECTION ACT

4-13-3. Prohibited acts.

It shall be unlawful for the owner of any equine:

  1. To commit a violation of Code Section 16-12-4, relating to cruelty to animals, which involves an equine owned by, possessed by, or in the custody or control of such person;
  2. To fail to provide adequate food and water to such equine;
  3. To fail to provide humane care for such equine;
  4. To unnecessarily overload, overdrive, torment, or beat any equine or to cause the death of any equine in a cruel or inhumane manner; or
  5. To interfere with or hinder the Commissioner or his designated agent or any sheriff, deputy sheriff, or other law enforcement officer in carrying out his duties under this chapter.

(Code 1981, §4-13-3, enacted by Ga. L. 1992, p. 2398, § 2.)

JUDICIAL DECISIONS

Due process issues.

- Requiring hearings before impounding horses under the Georgia Humane Care for Equines Act, O.C.G.A. § 4-13-1 et seq., could cause further harm to animals being deprived of adequate food and water, thus, there was no due process violation and defendant agency officials had qualified immunity on plaintiff animal owner's claim; the safeguards of O.C.G.A. §§ 4-13-3 and4-13-4(a) and (b), in connection with any seizure, and the procedure for requesting a hearing under O.C.G.A. § 2-2-9.1(d) after any seizure were adequate. Reams v. Irvin, 561 F.3d 1258 (11th Cir. 2009).

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This Georgia Code resource is curated by Georgia Bar member Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.