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2018 Georgia Code 4-13-4 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 4-13-4 Case Law from Google Scholar Amendments to OCGA 4-13-4

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

4-13-4. Inspection warrants; impoundment authorized; examination.

  1. At any time there is cause to believe that a violation of Code Section 4-13-3 has occurred, the Commissioner of Agriculture or his designated agent may apply to the appropriate court in the county in which the equine is located for an inspection warrant under the provisions of Code Section 2-2-11 or any sheriff, deputy sheriff, or other law enforcement officer may apply for a search warrant for the purpose of inspecting any equine found on such property to determine if a violation of Code Section 4-13-3 has occurred.
  2. The Commissioner or his designated agent or any sheriff, deputy sheriff, or other law enforcement officer is authorized to impound any equine which has not been furnished with adequate food and water, which has not received humane care, or which has been subjected to cruelty in violation of Code Section 4-13-3.Such determination as to the condition or treatment of the equine shall be made by a licensed veterinarian employed by the state or federal government following an examination conducted at the request of the Commissioner or his designated agent or any sheriff, deputy sheriff, or other law enforcement officer.

(Code 1981, §4-13-4, 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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