In the prior blog Georgia Dog Bite Statute - What Does It Take To Have A Dog Bite Claim? it was discussed how dog bite claims can be based on violations of local ordinances. It is important to know that dog bite statute in Georgia imposes strict liability on the dog owner if the dog injures another person while unleashed when it is in violation of a local ordinance.
I have provided sample local ordinances from around Georgia that would trigger the Georgia dog bite statute liability below:
Cherokee County Code:
Sec. 10-55. Animal control generally. At large.
(a) It shall be unlawful for the owner of any animal, or anyone having an animal in his possession and custody, to allow it to run at large unattended on or about the streets and highways of the unincorporated and incorporated limits of the county, or on the property of another person or of the person in possession of such property, except for dogs being used in hunting in accordance with state game and fish department laws, rules and regulations.
Sec. 10-55. Animal control generally. Restraint and control.
(f) Every animal shall be restrained and controlled so as to prevent it from molesting passersby, chasing vehicles, or attacking persons or other animals.
Sec. 10-68. Dogs to wear collar, identification tag and vaccination tag; exceptions.
(a) It shall be unlawful for any owner of a dog to allow such dog to run at large without a collar, which shall have attached a valid vaccination tag as required by the laws of the state and an identification tag showing the name and address of the owner of the dog.
Woodstock Municipal Code:
Sec. 14-41. Running at large prohibited; leash required.
Any person owning or having custody of a dog within the city shall be required to confine such dog on the premises of the owner, or on the premises of some responsible person authorized by the owner. Dogs shall not be permitted to run at large on any streets, alleys or any other place in the city other than the premises of the guardian or owner of the dog while in the presence of the guardian, owner or other competent person authorized by the owner, except on a leash not more than six feet long and in the care of a competent person.
(Code 1989, § 11-3-21)
Charter references: Specific power, § 1.13(34).
Sec. 14-42. Duty to keep animal under restraint while on property.
It shall be the duty of every owner of any animal, or anyone having any animal in his possession or custody, to ensure that it is enclosed by way of a fence or other enclosure or is restrained by a chain or leash or in some other physical manner so that it cannot wander off of the real property limits of the owner, possessor or custodian. It is the intent of this section that all animals be prevented from leaving, while unattended, the real property limits of their owners, possessors or custodians thereof. Failure to comply with this section shall be unlawful and shall be punishable as provided in section 14-43.
(Code 1989, § 11-3-22)
Code of Ordinances, City of Atlanta, Georgia, Sec. 18-61. Applicability to portion of city within DeKalb County.
(a) Generally. The following shall apply to that portion of the city within DeKalb County:(1) Duty of owner to keep dog under control. It shall be unlawful for the owner of any dog or for any person having a dog in such person's possession and control to permit the dog to be out of control and unattended off the premises of the owner in that part of the city within DeKalb County or upon the property of another person without permission of the owner or person in possession thereof. (2) Definition of dog under control. A dog is under control if the dog is controlled by a leash, is at heal or is beside a competent person and obedient to that person's commands or is within a vehicle being driven or parked on the streets or is within the property limits of the dog's owner.
Fulton County Code of Ordinances, Sec. 34-205. Running at large.
(a) Generally. Within the unincorporated area of Fulton County or within any municipality in Fulton County which has or may enter into an agreement with Fulton County for animal control services, the running at large of dogs, domestic animals, livestock, owned wildlife, exotic animals, dangerous, or potentially dangerous dogs is prohibited, with the exception of cats. Owners of wildlife or exotic animals must have the necessary state and/or federal permits on their person when transporting their animals.
(b) (1) Dogs. It shall be unlawful for the owner, custodian or harborer of any dog to allow or permit such dog to leave the premises of the owner or other person having custody of the dog unless such dog is securely under leash; said leash being not more than six-feet long, and under the control of a competent person. Dogs must be confined to the premises of the owner or other person having custody of the dog and shall be restrained by means of a fence or wall or other enclosure, or restrained individually by a leash or chain. Excluded are those dogs participating in or training for obedience trials, field trials, dog shows, tracking work, or law enforcement. Also, the requirements of this subsection shall not apply in any area zoned for agriculture where the owner or person having custody of the dog is at the time in question using the dog for hunting purposes, and has on his/her person a valid hunting license and proof of vaccination. (2) An electronic confinement system shall be considered an acceptable enclosure when the equipment is properly maintained and in continuous working order, and the animal to be contained within wears the appropriate electronic collar when within the system perimeters. (3) In cases where an animal has been deemed dangerous by the court, or has been trained to be a guard dog, an electronic animal confinement system may not be used as either the primary or secondary enclosure. (4) Individuals who contain an animal by means of an electronic animal confinement system and are found to be in violation of this section or have been deemed as restraining a dangerous animal shall thereafter restrain the animal by means of a fence, wall or other enclosure, or such animal shall be restrained individually by a leash or chain.
(c) Restraint of domestic animals, livestock, owned wildlife and exotic animals. It shall be unlawful for the owner, custodian, or harborer of any domestic animal, livestock, wildlife, or exotic animal, to allow or permit such animal to leave the premises of the owner or other person having custody of such unless securely under leash, in a carrying case, or restrained by some other means and under the control of a competent person, with the exception of cats.
(d) Confinement of domestic animals, livestock, owned wildlife, exotic animals, and dangerous or potentially dangerous dogs. Domestic animals, livestock, owned wildlife, exotic animals, and dangerous or potentially dangerous dogs shall be securely confined to the premises of the owner or other person having custody of such by means set forth under the provisions of this article, or approved by the health department or its designee and/or as required by state or federal regulations, with the exception of cats.
I recommend you use one of the following links to read more about dog bite cases or to obtain a free consultation from a dog bite attorney:
(1) Georgia Dog Bite Statute - What Does It Take To Have A Dog Bite Claim?
(2) Dog Bite Claims Summary
(3) Free Dog Bite Claim Attorney Consultation
If you or someone you know is the victim of a dog bite that has caused serious injury or death, then you should contact a dog bite attorney for a free consultation as soon as possible. The advice is free, but the information could be priceless.
Continue reading "Georgia Dog Bite Cases: What Are Examples of Local Ordinances That Trigger Georgia Dog Bite Statute Liability" »
In March of 2010 an eight year old girl, Erin Ingram, was viciously attacked by two pitbulls in Dekalb County. The dog attack caused such severe injury to Erin left arm that her arm had to be amputated. The attack occurred while Erin was in front of her Lithonia home. Dog bite personal injury lawyer Richard Griffin explains that a dog owner is liable if the dog has bitten someone before or if the dog owner does not have the dog properly fenced or leashed. 
Attorney Richard Griffin of The 
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