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HomeMy Public PortalAbout2007-14 ORDINANCE NO. 22-2006 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES CHAPTER 10 REGARDING ANIMAL CONTROL FOR THE CITY OF TYBEE ISLAND, GEORGIA WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and warfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to adopt ordinances under it police and home rule powers, and WHEREAS, the governing authority desires to amend the Code of Ordinances for the City of Tybee Island, Georgia, regarding animal control NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that Chapter 10 of the Code of Ordinances of the City of Tybee Island is hereby amended so as to delete the entire chapter and to hereafter read as follows: Section 10.1 Definitions The following definitions shall apply in the interpretations and enforcement of this chapter: (1) Animals shall mean horses, ponies, mules, cattle, sheep, goats, swine, dogs, cats, domestic rabbits, guinea pigs, hamsters and similar animals. (2) Dog Park is an authorized public fenced facility where dogs are allowed to be unleashed (3) Enclosures shall mean any uncovered enclosed parcel of land where animals or fowl are kept. (4) Fowl shall mean chickens, turkeys, geese, ducks, pigeons and similar fowl. (5) Health officer shall mean the Commissioner of health of Chatham County, or his authorized representative. (6) Housing shall mean any building, shed, cage, pen or similar structure used for the housing of animals and fowl. (7) Nuisance shall mean whatever is dangerous or detrimental to human life, welfare or health and whatever renders or tends to render soil, air, water or food impure or unwholesome. (8) Person means any person, firm, partnership, corporation, association or agency. (9) Pet means a domesticated animal kept for pleasure rather than utility. G: Common /EMH / Tybee/ Ordinances /2006 /animalcontro107.13.07 (10) Poison is a substance that through its chemical action usually kills, injures, or impairs an organism. (Code 1970, Sec. 4 -1, as amended by Ord. No. 79 -1, 2/14/79) (ORD. 1997 -30; 5/1/97) Section 10.2 Restriction on dogs running at large. It shall be unlawful for any dog to be on public streets, lanes, highways, roads, parks, beaches, or other public property of the city or loose on vacant lots or unenclosed lots so that the dog may freely have access to such property, unless that dog is held firmly on a leash held by a person or is firmly under the control of the person or is confined within an authorized dog park of the city. It shall be the duty of any owner or possessor or any person who harbors or keeps any dog to confine securely the same within the limits of the owner's premises and not to permit that dog to run or have access to run the public streets, lanes, highways, roads, parks, beaches, or other public property or other peoples property except as set forth above. (ORD.# 1990 -10). (ORD. 1997 -35; 5/1/97) All pets, whether or not on a leash shall be prohibited on the beach under Sec. 12- 1(a)(4). The owner or person in charge of any such dog shall be fined or imprisoned or both as otherwise provided in this article or as provided in Sec. 12- 1(a)(4) as appropriate. Section 10.3 Keeping of Animals: Sanitation Any housing or enclosure used for the keeping of animals shall be well drained, free from accumulations of animal excrement and objectionable odors, and otherwise clean and sanitary. Animal excrement shall be disposed of in an appropriate manner and in an appropriate container so as not to be detrimental to health or comfort. All animals which are housed or enclosed shall be provided with a source of potable water. (Code 1970, Sec. 4 -3) (1997 -41; 8/14/97) Section 10.4 Distance of animal enclosures from buildings. Any housing or enclosure used for the keeping of animals and fowl shall be kept at least 25 feet from any occupied building, except the dwelling unit of the owner, G: Common /EMH /Tybee/ Ordinances /2006 /animalcontro107.13.07 unless the permission of the occupant of the adjacent building and the health officer is given for a lesser distance. (1) Other Animals not specifically mentioned in this section shall be kept at minimum distances deemed reasonable and necessary by the health officer. (2) Commercial establishments. In case of bona fide licensed pet shops, veterinary hospitals, and similar commercial establishments, city staff may modify these requirements where undue hardship would result from their strict enforcement. (Code 1970. Sec. 4 -4) Section 10.5 Nuisances. (a) The owner or person that is the custodian of animals shall be responsible for correcting and abating any nuisance that may arise from the keeping of said animals. (b) No person shall allow any animal which howls, barks or emits audible sounds that are unreasonably loud or disturbing and which are of such character, intensity and duration to disturb the peace and quiet of the neighborhood. For the purposes of this article, "barking dog" shall mean a dog that barks, bays, cries, howls continuously for one -half hour or more at any time of day or night regardless of whether the dog is physically situated on or upon private property; provided, however, that a dog shall not be deemed a "barking dog" for purposes of this regulation, if, at the time the dog is barking or making any other noise, a person is trespassing or threatening to trespass upon private property in or upon which the dog is situated or for any other illegitimate cause which teased or provoked the dog. A dog will not be deemed a barking dog if the barking is in response to unusual circumstances in the vicinity. (c) The owner or custodian of a barking dog as defined herein shall be subject to fine or fines as otherwise provided herein. Section 10.6 Horses It shall be unlawful for any person to have or keep any horse or pony or to ride or drive any horse or pony at any place within the City except in connection with a special event approved by the Mayor and Council. Section 10.7 Reserved for future use G: Common /EMH/Tybee /Ordinances /2006 /animalcontrol07.13.07 Section 10.8 Wildlife. All complaints and matters concerning animals not of a domestic nature and complaints involving game animals or protected species and/or hunting shall be forwarded to appropriate state and federal authorities for the proper disposition compliance, apprehension and controlling enforcement as may be necessary and provided by state law or federal regulations, including but not limited to the Migratory Bird Treaty or Act. Section 10.9 Birds and wildlife protected; abatement of condition creating nuisance. (1) It shall be unlawful to trap, hunt, or shoot, or attempt to trap, or shoot, or molest in any manner any bird or wildlife that would result in injury or destruction of said bird or wildlife, or to rob birds' nest or wildlife' habitats; provided, however, if birds or wildlife are found to be congregating in such numbers in a particular locality that they constitute a nuisance or menace to health or property in the opinion of the proper authorities of the city, such authorities shall meet with representatives of the federal or state government, if appropriate, the Audubon Society, bird club, or such similar club, or Humane Society, or as many of such clubs as are found to exist in the city and/or county, after having given at least two weeks actual notice of the time and place of said meeting to the representatives of said clubs and to the public. (2) If, as a result of said meeting, no satisfactory alternative is found to abate such nuisance, said birds or wildlife may be relocated in such numbers and in such manner as is deemed advisable by the authorities under the supervision of the city manager. (ORD# 1990 -13) Section 10.10 Cruelty to Animals. (1) A person commits an act of animal cruelty when such person causes the death or unjustified physical pain and suffering of an animal or maliciously causes the death, physical harm to the animal rendering parts of the animal useless or seriously disfigured or with knowledge or intent commits any of the acts set forth in Section 10.13. This provision shall not apply to any authorized person euthanizing an animal due to a disease or action taken to avoid pain and suffering. Any person convicted of a violation of this subsection shall be fine or imprisoned or both not less than $1,000.00 and/or six (6) months or as provided by state law. (2) Paragraph (1) above does not apply to the killing of animals raised for the purpose of providing food, nor does it apply to any person who hunts wild animals in compliance with the fish and game laws of this state. (ORD. # 1990- 12) G: Common/EMH/Tybee /Ordinances /2006 /animalcontro107.13.07 Section 10.15 Animal Transported by Vehicle No animals shall be transported on a public road in an open vehicle including an open top vehicle or open truck bed unless secured with a seatbelt harness or housed in a secured container designed for that purpose and having a provision for adequate ventilation, food and water. Said container shall have an open grille on one end, a solid top and bottom and a minimum of 15% total accumulated side areas incorporated into an open grille for air circulation provisions. The Animal Control officers shall be entitled to impound and cite the owner or custodian of any animal being transported in violation of the term of this article. Section 10.16 Animal Confinement and Left Unattended in Parked Car. To prevent animals from suffering physical distress from dangerous temperatures, it shall be unlawful to leave an animal unattended in a parked vehicle under such conditions as to reasonably demonstrate a risk of harm to the animal. Tybee Island Animal Control, City law enforcement officers, or any other law enforcement shall take such action as is necessary including entry of the vehicle by any means to remove an animal from such jeopardy and may impound said animal and secure medical treatment for said animal as needed at the owner's expense. Tybee Island Animal Control officers may take possession of any deceased animal found in any parked vehicle for purposes of determining the cause of death in question pursuant to animal neglect or cruelty of this code. Section 10.17 Vicious animals. (1) Dangerous /Potentially Dangerous Dogs. The following definitions shall apply in the interpretation and enforcement of this section, and the following words shall have the following meanings: Dangerous dog - Means any dog that, according to the records of an appropriate authority: (a) Inflicts a severe injury on a human being without provocation on public or private property; or (b) Aggressively bites, attacks, or endangers the safety of humans or animals without provocation after the dog has been classified as a potentially dangerous dog and after the owner has been notified of such classification. Owner - Means any person or any legal entity, including, but not limited to, a corporation, partnership, firm, or trust owning, possessing, harboring, keeping, or having custody or control of a dangerous dog or potentially dangerous dog within this state. Potentially dangerous dog - Means any dog, according to the records of an appropriate authority, that: (a) Without provocation, bites a human being on public or private property; or G: C ommon/EMH /Tybee /Ordinances /2006 /animalcontro107.13.07 (b) Without provocation, repeatedly chases any human being upon the street, sidewalk or any public or private property. Proper enclosure - Means an enclosure for keeping a dangerous dog or potentially dangerous dog while on the owner's property securely confined indoors or in a securely enclosed and locked pen, fence, or structure suitable to prevent the entry of young children and designed to prevent the dog from escaping. Any such structure shall have secure sides and a secure top, and, if the dog is enclosed within a fence, all sides of the fence shall be of sufficient height and the bottom of the fence shall be constructed or secured in such a manner as to prevent the dog's escape either from over or from under the fence. Any such enclosure shall also provide protection from the elements for the dog. Records of an appropriate authority - Means records of any state, county, or municipal law enforcement agency; records of any county or municipal animal control agency; records of any county board of health; records of any federal, state, or local court; or records of a dog control officer provided for in this article. Severe injury - Means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery or a physical injury that results in death. Substantial chain or leash - Means a device used to restrain a dog that cannot be broken by the dog under its own power. (2) Exemptions; Investigation of Reports. (a) A dog that inflicts an injury upon a person when the dog is being used by a law enforcement officer to carry out the law enforcement officer's official duties shall not be a dangerous dog or potentially dangerous dog within the meaning of this article. A dog shall not be a dangerous dog or a potentially dangerous dog within the meaning of this article if the injury inflicted by the dog was sustained by a person who, at the time, was committing a willful trespass or other tort, or was tormenting, abusing, or assaulting the dog, or had in the past been observed or reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime. (b) Upon receiving a report of a dangerous dog or potentially dangerous dog within the City limits from a law enforcement agency, animal control agency, rabies control officer, or county board of health, an Animal Control officer shall make such investigations and inquiries with regard to such report as may be necessary to carry out the provisions of this article. (3) Notice Generally. When an Animal Control officer classifies a dog as a dangerous dog or reclassifies a potentially dangerous dog as a dangerous dog, the Animal Control officer shall notify the dog's owner in writing by certified mail to the owner's last known address of such classification or reclassification. Such notice shall be complete upon its mailing. In the alternative, at the sole discretion of the Animal Control officer, a personal service may be made. G : Common /EMH /Tybee /Ordinances /2006 /animalcontro107.13.07 (4) Scope of Procedures. As applied to the owners of potentially dangerous dogs, the procedures provided for in this article shall be carried out as a necessary condition for the enforcement of the provisions of this article against such owners. As applied to the owners of dangerous dogs, the procedures provided for in this article shall not be an essential element of any crime provided for in this article. (5) Notice to Owner of Classification. When a dangerous dog or potentially dangerous dog is classified as such, the Animal Control officer shall notify the dog's owner of such classification. (6) Requirements of Notice to Owner. The notice to the owner shall meet the following requirements: (a) The notice shall be in writing and mailed by certified mail to the owner's last known address or hand delivered; (b) The notice shall include a summary of the Animal Control officer's findings that formed the basis for the dog's classification as a dangerous or potentially dangerous dog; (c) The notice shall be dated and shall state that the owner, within fifteen (15) days after the date shown on the notice, has a right to request a hearing on the Animal Control officer's determination that the dog is a dangerous dog or potentially dangerous dog; (d) The notice shall state that the hearing, if requested, shall be before the Health Department; (e) The notice shall state that if a hearing is not requested, the Animal Control officer's determination that the dog is a dangerous dog or a potentially dangerous dog shall become effective for all purposes under this article on a date specified in the notice, which shall be after the last day on which the owner has a right to request a hearing; and (f) The notice shall include a form to request a hearing before the Health Department and shall provide specific instructions on mailing or delivering such request to the agency. (7) Hearing. When the Health Department receives a request for a hearing as provided in this article, it shall schedule such hearing within thirty (30) days after receiving the request. The Health Department shall notify the dog owner in writing by certified mail of the date, time, and place of the hearing, and such notice shall be sent by certified mail or personal service to the dog owner at least ten days prior to the date of the hearing. At the hearing, the owner of the dog shall be given the opportunity to testify and present evidence, and in addition thereto the Health Department shall receive such other evidence and hear such other testimony as the health department may find reasonably necessary to make a determination either to sustain, modify, or overrule the Animal Control officer's classification of the dog. G: Common /EMH /Tybee/ Ordinances /2006 /animalcontro107.13.07 (8) Notice of Determination After Hearing. Within ten (10) days after the date of the hearing, the Health Department shall notify the dog owner in writing by certified mail of its determination on the matter. If such determination is that the dog is a dangerous dog or a potentially dangerous dog, the effective date will be 15 days from the date of the hearing. (9) Certificate of Registration. It is unlawful for an owner to have or possess within this state a dangerous dog or potentially dangerous dog without a certificate of registration issued in accordance with the following provisions: (a) The owner shall provide a proper enclosure to confine the dangerous or potentially dangerous dog. (b) Any dog classified as dangerous or potentially dangerous shall be required to be micro chipped for permanent identification by a licensed veterinarian at the owner's expense. (c) Any animal found to be a potentially dangerous dog or dangerous dog shall be spayed or neutered within fifteen (15) days of the Health Department's determination that said dog is a dangerous dog or a potentially dangerous dog. (d) The owner shall be required to post the premises where the animal is located with a clearly visible sign, issued by the animal control agency, containing a symbol designed to warn all citizens, including children, that there is a dangerous or potentially dangerous dog on the property; the number of signs will be determined by the Animal Control officer. (e) It shall be unlawful to display the above dangerous dog sign at locations or on premises where no such dangerous or potentially dangerous dog exists or is located. (f) The registration fee shall be $150.00 for a potentially dangerous dog annually and $250.00 for a dangerous dog annually. It shall be a requirement that one warning sign shall be included in this fee and additional signs as may be required shall cost an extra $35.00 per sign. (g) In addition to the requirements above, the owner of a dangerous dog shall present to the Animal Control officer evidence that the dog has been spayed or neutered, and evidence of: (1) A policy of insurance in the amount of at least $25,000.00 or more issued by a surety company authorized to transact business in this state insuring the owner of the dangerous dog against liability for any personal injuries inflicted by the dangerous dog; or (2) A surety bond in the amount of $25,000.00 or more issued by a surety company authorized to transact business in this state payable to any person or persons injured by the dangerous dog. (h) The owner of a dangerous or potentially dangerous dog shall notify the Animal Control officer as soon as possible, but in any case less than twenty -four (24) hours if the dog is on the loose, is unconfined, has attacked a human, has died, or has been sold or donated. If the dog has been sold or donated, the owner shall also provide the animal control officer with the name, address, and telephone number of the new owner of the dog. G: Common/EMH/Tybee /Ordinances /2006 /animalcontro107.13.07 (i) The owner of a dangerous dog or potentially dangerous dog shall notify the Animal Control officer if the owner is moving from the dog control officer's jurisdiction. The owner of a dangerous dog or potentially dangerous dog who is a new resident of the State of Georgia shall register the dog as required in this Code section within thirty (30) days after becoming a resident. The owner of a dangerous dog or potentially dangerous dog who moves from one jurisdiction to another within the State of Georgia shall register the dangerous dog or potentially dangerous dog in the new jurisdiction within ten (10) days after becoming a resident. (j) Issuance of a certificate of registration or the renewal of certificate of registration by Savannah - Chatham Metropolitan Police Department Animal Control Unit shall not warrant or guarantee that the requirements specified are maintained by the owner of a dangerous dog or potentially dangerous dog on a continuous basis following the date of the issuance of the initial certificate of registration or following the date of any annual renewal of such certificate. (k) An Animal Control officer shall be authorized to make whatever inquiry is deemed necessary to ensure compliance with the provisions of this section. Law enforcement agencies of local governments and the sheriffs of counties shall cooperate with Animal Control officers in enforcing the provisions of this section. (10) Restraint of Dangerous Dog. It shall be unlawful for an owner of a dangerous dog to permit the dog to be outside a proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and is under the physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person. (11) Restraint of Potentially Dangerous Dog. It shall be unlawful for the owner of a potentially dangerous dog to permit the dog to be outside a proper enclosure unless the dog is restrained by a substantial chain or leash and is under the restraint of a responsible person. (12) Confiscation of Dangerous Dog. A dangerous dog shall be immediately confiscated by the Animal Control officer or by a law enforcement officer or by another person authorized by the Animal Control officer if the: (a) Owner of the dog does not secure the liability insurance or bond required in this article; (b) Dog is not validly registered as required; (c) Dog is not maintained in a proper enclosure; or (d) Dog is outside a proper enclosure without specified restraints. (e) Should the owner fail to provide the documents outlined in § 4- 4- 14(10) of this ordinance or the provisions of this subsection, the dangerous dog shall be impounded. The dangerous dog shall be held for ten (10) days during which time the owner may demonstrate compliance with § 4- 4- 14(10) and subsections (a) through (d) above. Should the owner fail to comply with any provision of the G : C ommon/EMH /Tybee/ Ordinances /2006 /animalcontro107.13.07 aforementioned section and subsections, then the dog shall be subject to euthanasia. (13) Confiscation of Potentially Dangerous Dog. A potentially dangerous dog shall be confiscated in the same manner as a dangerous dog if the dog is: (a) Not validly registered as required; (b) Not maintained in a proper enclosure; or (c) Outside a proper enclosure without specified restraints. (14) Return After Confiscation. Any dog that has been confiscated under the provisions of this article shall be returned to its owner upon the owner's compliance with the provisions of this article and upon the payment of reasonable confiscation costs. In the event the owner has not complied with the provisions of this article within ten (10) days of the date the dog was confiscated, said dog shall be put to death in accordance with an approved AVMA method of euthanasia administered by a certified technician. (15) Liability. The owner of a dangerous dog or potentially dangerous dog shall be solely liable for any injury to or death of a person caused by such dog. Under no circumstances shall a local government or any employee or official of a local government which enforces or fails to enforce the provisions of this article be held liable for any damages to any person who suffers an injury inflicted by a dog that has been identified as being a dangerous dog or potentially dangerous dog or by a dog that has been reported to the proper authorities as being a dangerous or potentially dangerous dog or by a dog that a local government has failed to identify as a dangerous dog or potentially dangerous dog or by a dog which has been identified as being a dangerous dog or potentially dangerous dog but has not been kept or restrained in the prescribed manner or by a dangerous dog or potentially dangerous dog whose owner has not maintained insurance coverage or surety bond as required. Section 10.18 Registration of dogs and cats Each owner or possessor and any person who harbors or keeps any dog or cat four months or older within the limits of the city shall cause that dog or cat to be registered with the Savannah - Chatham Metropolitan Police Department Animal Control Unit. (ORD.# 1990 -9) G: Common /EMH /Tybee /Ordinances /2006 /animalcontrol07.13.07 Section 10.19 Rabies inoculations; required for dogs and cats. All dogs and cats four months or older within the city shall be required to be adequately inoculated against rabies in accordance with the laws of the State applicable thereto. (ORD.# 1990 -9) Section 10.20 Notification regarding tag requirement. Where any dog or cat four months or older is found within the city without wearing a license tag, as hereby required, it shall be the duty of the Animal Control Officer to verbally notify the person in charge of the premises whereon the dog is found to come forward and produce a tag. Microchips embedded with license information will satisfy this requirement.(ORD.# 1990 -9) Section 10.21 Same; duty Animal Control Officer. Upon the failure of a person to comply with the notice given him as provided under this article, within 24 hours after receiving same, or should the person in charge of the premises upon which an unlicensed dog or cat is found disclaim ownership of that dog or cat by himself or any member of his household when notified, it shall thereupon become the duty of the Animal Control Officer to go upon the premises and take charge of and impound the dog or cat. (ORD.# 1990 -9) Section 10.22 Impoundment of dogs. Any dog found upon the right of way of public streets, lanes, highways, roads, parks, beaches, other public property within the city in violation of this article, shall be caught by a Police Officer, or the Animal Control Officer, or their assistants, and impounded. A Police Officer, Animal Control Officer, or their assistants, shall have the specific right to enter upon any unenclosed private property when in hot pursuit of any dog in violation of this article to secure, capture and impound that dog.(ORD.# 1990- 9)(ORD. 1997 -33; 5/1/97) Section 10.23 Pets kept Five days. Any pet impounded under the provisions of this article shall be kept for five days in some convenient place, to be known as the animal shelter at the City Police Station, or animal pound, located in Chatham County. (ORD.# 1990 -9) All impounded animals will be scanned for microchip I.D. G: C ommon/EMH/Tybee/Ordinances/20 0 6/animal c ontro107.13.07 Within five (5) days after a pet is impounded, the owner or possessor shall come forward and pay the annual license fee, if he has not paid the same, and an impoundment fee. Impoundment shall be paid before an impounded animal shall be released to the owner or possessor. (a) The impoundment fee shall be $35.00. (b) The boarding fee shall be $10.00 per day. In the event the Judge of the Municipal Court shall find in his discretion that the City has incurred expenses for temporarily sheltering any abused animal, said fine may be increased up to twenty ($20.00) each day per animal for temporarily sheltering the animal with said funds to be used for reimbursement of said expenses incurred. (ORD.# 1990 -9) Section 10.24 Disposition. If a pet is not claimed by its owner within five (5) days, then the city through the county or as otherwise authorized shall be authorized to dispose of the pet in as humane and painless a manner as possible. (ORD.# 1990 -9) All animals will be scanned for microchips prior to being euthanized. Section 10.25 Delegation of shelter for impounded pets. The shelter and impounding of any pet found within the city in violation of this article, may be delegated to and performed by any organization selected by a Police Officer or the Animal Control Officer known to be an official humane shelter. (ORD. 1997 -34; 5/1/97) Section 10.26 — reserved for future use. Section 10.27 Sanitary requirements for a dog's waste; owner's responsibility; disposition. It shall be unlawful for a dog owner to walk a dog, in accordance with applicable sections of this chapter, without a device with which to remove the dog's waste and a container within which to place the dog's waste. It shall be the responsibility of the dog's owner to ensure that the waste is properly and sanitarily disposed of either in a city receptacle or the dog's owner's trash can. (ORD. 1994 -5; 3/10/94)(Ord. No. 1994 -04, Enacted, 03/10/94) G: Common/EMH/Tybee/Ordinance s/2006/animal c ontro107.13 .07 Section 10.28 Dead Animals. (a) No person shall intentionally abandon a dead animal on any private property belonging to another unless the person so doing shall have first obtained permission from the owner of the property on which the animal is left. (b) No person shall abandon a dead animal on any public property or rights of way, unless the place in which the animal is left, is a public dump or other facility designed for receiving such and designated by Tybee Island as public facility for receiving trash or refuse. (c) Tybee Island Public Works Department is authorized to remove dead animals from public property including public schools, parks and roadways. (d) It shall be unlawful for any person to throw or put onto the streets, lanes, squares or other common public property of Tybee Island any dead animal. Section 10.29 Rabies Cases to be Reported. (1) All animals, such as dogs, cats, horses, cattle, mules, goats, foxes, swine, raccoons, and other animals of like species, showing symptoms of or having rabies within unincorporated Chatham County shall be immediately reported to the Chatham County Health Department, the Animal Control center, or Chatham County Humane Shelter by the owner or the person having custody or any citizen having knowledge of these facts. It shall be the duty of every person having this knowledge to make immediately his/her report. (2) Dogs, cats or any animal being held under quarantine by the owner or by a veterinary hospital, boarding or breeding kennel, or any other person at any other place shall immediately upon discovery of the existence of rabies or its symptoms be reported to the Chatham County Health Department, Animal Control or Chatham County Humane shelter with a history of the case and information regarding the name and address of the owner. It shall be the duty of every person having knowledge of the facts to see that the report required by this subparagraph is made. Section 10.30 Quarantine. (1) For any dog, cat or animal that bites or inflicts injury upon a human, said dog, cat or animal shall be quarantined for ten (10) days as such place as designated by the Chatham County Health Department or Savannah- Chatham Metropolitan Police Department Animal Control Unit for purposes of observing the health condition and temperament of said dog, cat or animal. The Health Department may increase or diminish the period as, in its sole discretion, the public safety and health may require. (2) Where rabies has been found to exist in any warm - blooded animal or where its existence is suspected, the health department may designate an area within which G: Common/EMH /Tybee /Ordinances /2006 /animalcontro107.13.07 quarantine shall be maintained as provided by the terms of this chapter. Every such animal shall thereupon be immediately confined to the premises designated by the Health Department, whether or not the animal has been vaccinated against rabies. (3) No animal shall be removed from a quarantined area and no animal shall be brought into a quarantined area without written permission of the Health Department. The application for such permission shall be in writing, filed with the Health Department detailing the reason for movement and the location at which the animal will be confined after movement. (4) When an animal has been suspected of having rabies or has rabies symptoms, the area or premises where such animals are kept shall be posted by the Health Department with signs to read as follows: "Rabies Suspected" or "Rabies, Keep Away From Animals." Such signs shall be conspicuously displayed on the premises, printed with type that is easily legible, and shall remain on the premises for the duration of the quarantine. (5) Persons living within a quarantine area having in their possession an animal subject to rabies or to the terms of this chapter shall be given written notice of the quarantine, the animals subject thereto and an order to confine their animals so subject to the premises of the owner, together with any other information the Health Department deems advisable. Such notice shall be signed by a duly authorized agent of the health department. (6) The violation by any person of any quarantine order issued by the health officer shall be a violation of this chapter, and the person so violating shall be subject to all the penalties prescribed by law for a violation. (7) The heads of all domestic animals and of all wild animals suspected of having rabies before their death or having rabies at time of death shall be submitted to the State laboratory for examination. Either human or animal exposure to these animals shall constitute sufficient reason for laboratory examination. Section 10.31 Penalties for violations of article. Any person violating any of the provisions of this article upon a first conviction in a Municipal Court, be fined not less than $20.00 nor more than $1,000.00 and/or imprisoned for a term not exceeding 90 days, either or both, plus court costs, and for a second offense within five (5) years of a previous conviction, such person shall be fined not less than $100.00 nor more than $1,000.00, and/or imprisoned for a term not exceeding 120 days, plus court costs, either or both, in the discretion of the Judge of the Municipal Court. (Ord. 1999 -04; 2/25/99) In the event the Judge of the Municipal Court shall find in his discretion that the City has incurred expenses for temporarily sheltering any abused animal, said fine may be increased up to twenty ($20.00) each day per animal for temporarily sheltering the animal with said funds to be used for reimbursement of said expenses incurred. (ORD.# 1990 -9) G: Common/EMH/Tybee/ Ordinances /2006 /animalcontro107.13.07 This Ordinance shall become effective on day of 2007. 4 ADOPTED THIS(Y DAY OF (,t_J 2007. fR ATTEST: C2iJ CLERK OF COUNCIL 1 FIRST READING: /91//j> SECOND READING: l / /a.Iori ENACTED: Tha Jol G: Common /EMH/Tybee /Ordinances /2006 /animal contro107.13.07