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The Animal Protection Act of 2000 was passed by the Georgia
General Assembly in March 2000, and signed into law by
Governor Roy Barnes on April 27, 2000, with an effective date
was May 1, 2000. It amended O.C.G.A. §16-12-4 to
include a new felony crime of aggravated cruelty to animals,
and thereby increased the punishment applicable
to certain acts of animal cruelty from a misdemeanor to a
felony. It did not expand or lessen the reach of Georgia's
then-existing animal cruelty statute. The Animal
Protection Act of 2000 also created a new crime of intentional
abandonment of a domestic animal, and provided civil immunity
for people who make good faith reports of animal cruelty to
law enforcement.
Kimberly Schwartz, an Assistant District Attorney for the Macon
Judicial Circuit and HAGA Board member, states:
"This bill was designed to put some teeth into Georgia's animal
cruelty laws, so that these offenders can be treated with a level of
seriousness which is warranted by the nature of their crimes. It is not
designed to have any effect on any reasonable activities involving
animals."
Some people have expressed concern about a section of the new statute that
supposedly sets out "exceptions" or "exemptions."
However, this section really doesn't set out exceptions or exemptions at all.
Instead, it provides that the statute will not conflict with (or
overrule) another Georgia law that permits certain activity. The list of
"exceptions" only illustrates various areas of law where these
conflicts might occur (i.e., agriculture, marketing, etc.).
The paragraph illustrating areas where this bill will not conflict
with (or overrule) another law that permits certain activity reads:
"The provisions of this Code section shall not be construed as
prohibiting conduct which is otherwise permitted under the laws of
this state or of the United States, including, but not limited to,
agricultural, animal husbandry, butchering, food processing,
marketing, scientific, research, medical, zoological, exhibition,
competitive, hunting, trapping, fishing, wildlife management, or pest
control practices or the authorized practice of veterinary medicine
nor to limit in any way the authority or duty of the Department of
Agriculture, Department of Natural Resources, any county board of
health, any law enforcement officer, dog, animal, or rabies control
officer, humane society, veterinarian, or private landowner protecting
his or her property."
In other words, if another
Georgia law expressly permits some form of activity,
this Animal Protection Act of 2000 did not "criminalize" that
activity, but every act of
animal cruelty that was illegal before the passage of the Act remained
illegal, and the penalties for some were stiffened greatly - from
misdemeanor to felony.
In
addition to the felony provision, this legislation provided a statewide definition of an "animal
control officer" and allowed for the rescue and impoundment of
animals which have been subjected to animal cruelty or animal fighting
by local governments, as
well as the Georgia Department of Agriculture.
For
further explanation of various animal cruelty and fighting offenses in
Georgia, see "How to Identify and Report Animal Cruelty in
Georgia" below.
To
read the full text of the Animal Protection Act of 2000, click here.
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Incidents
of animal fighting or animal cruelty may go unreported
because of a lack of understanding of what constitutes
animal cruelty and the agency that
should be notified when it is witnessed. This paper explains
the legal parameters surrounding animal cruelty charges
and the various governmental agencies involved by animal
species or activity. These guidelines should help direct you
to the proper authority and allow more
prompt and effective investigation of incidents. Use of
these guidelines will enable the current enforcement
manpower to concentrate on investigating, prosecuting and
monitoring reported cases.
What
Is the Legal Definition of Animal Cruelty in Georgia?
-
Cruelty
to Animals (misdemeanor charge): A person commits the offense
of cruelty to animals when he/she causes death or unjustifiable
physical pain or suffering to any animal by an act, an
omission, or willful neglect. O.C.G.A. §16-12-4
- Willful neglect means the
intentional withholding of food and
water required by an animal to prevent starvation or
dehydration. O.C.G.A. §16-12-4
- Adequate
food and water means food and water that is sufficient
in an amount and appropriate for the particular type of
animal to prevent starvation, dehydration, or a
significant risk to the animal's health from a lack of
food or water. O.C.G.A. §§4-11-2, 4-13-2
- Humane
care of animals means, but is not limited to, the provision
of adequate heat, ventilation, sanitary shelter, and wholesome
and adequate food and water, consistent with the normal
requirements and feeding habits of the animal's size, species, and breed.
O.C.G.A. §§4-11-2, 4-13-2
- Aggravated
Cruelty to Animals (felony charge): A person commits the offense of
aggravated cruelty to animals when he or she knowingly and
maliciously causes death or physical harm to
an animal by rendering a part of such animal's body useless
or by seriously disfiguringsuch
animal…[paraphrased] except for conduct otherwise
permitted under state or federal law. O.C.G.A.
§16-12-4
- Dog
Fighting: A person commits the offense of dog fighting when
he/she causes or allows a dog to fight another dog for sport
or gaming purposes or maintains or
operates any event at which dogs are allowed or encouraged
to fight one another. O.C.G.A. §16-12-37
- Cock
Fighting (not legally defined): A person commits the offense
of chicken fighting when he/she causes or allows a chicken
tofight another chicken for sport or
gaming purposes or maintains or operates any event at which
chickens are allowed or encouraged to fight
one another.
What
Documentation Must I Collect Before Reporting an Alleged
Animal Cruelty Incident?
-
Witness:
The name, address and telephone number of the person who
witnessed the alleged incident. Such information maybe kept
confidential, depending on the particular agency; however,
it is helpful for investigators to have a point of contact
inthe event of misdirection or miscommunication. Remember,
the burden of proof falls upon the accuser.
-
Who:
An accurate identity of the alleged perpetrator, if known,
including name, address and telephone number, if possible;
other helpful identifying information may
include physical description, place of employment,
description of vehicles (including tag
numbers) and known associates or co-participants in the
alleged criminal activity.
-
What
and How: An accurate and exact description of the incident
witnessed. The investigator must receive sufficient details
and be able to verify substantial portions of
the information as true before being used to establish
probable cause. Document complete
descriptions of the animals and associated conditions and
include:
-
Pertinent
conversations with the alleged perpetrator;
-
Eyewitness
accounts to reconstruct the exact happenings of what
and how the incident occurred (written notes and
PHOTOGRAPHS are very valuable - a picture is worth a
thousand words);
-
Written
documents or reports that verify conditions (i.e.,
veterinary examination findings);
-
When:
The date(s) and time(s) of the incident(s)
-
Where:
The specific location where the incident was witnessed
(physical address and city, community, or county), including
directions.
Who
Do I Call to Report an Alleged Animal Cruelty Incident?
For Companion Animals (e.g., dogs, cats, exotic birds, pet
rabbits, pot–bellied pigs)
- Report
those persons holding an Animal Protection License issued by
the Georgia Department of Agriculture (or those
that should be licensed) to the Animal Protection Section at
1-800-282-5852, ext. 4914 or 404-656-4914, Monday-Friday,
8:00 a.m.-4:30 p.m. Animal shelters, rescue groups and
humane societies that house animals, pet breeders,
pet dealers, pet shops, pet groomers, kennels, aviaries all
require an Animal Protection License which must be
prominently displayed at each licensed place of business.
- Report
all other persons to the local law enforcement agency and
the animal control office, if one exists in the area.
Report to the municipal or county police
department or county sheriff’s department using the
non-emergency number, unless the
alleged perpetrator is actively involved in an act that
threatens an animal’s life. If you suspect that
other crimes (e.g., illegal drug activity or gambling) are
involved, be sure to report this as a part of the call.
For Equine (e.g., horses, mules, donkeys,
zebras)
- Report to the Georgia Department of Agriculture Equine Health
Section at 1-800-282-5852, ext. 3713 or 404-656-3713,
Monday-Friday, 8:00 a.m.-4:30 p.m. or to the local law
enforcement agency and the animal control office,
if one exists in the area.
For Other Livestock (e.g., cattle, swine, goats, sheep, poultry,
llamas)
- Report to your local municipal or county police department
or county sheriff’s department.
For Captive Wildlife or
Exotic Animals (e.g., whitetail deer,
raptors, large cats)
- Report to the Georgia Department of Natural Resources
Wildlife Resources Division at 770-761-3044,Monday-Friday,
8:00 a.m.-4:30 p.m.
For Circus or Zoo
Animals (e.g., elephants, primates, circus dogs)
- Report
to the U. S. Department of Agriculture, Animal and Plant
Health Inspection Service, Animal Care, Regional Office,
Raleigh, N.C. at 919-716-5532, Monday-Friday, 8:00 a.m.-4:30
p.m.
How
Do I Find More Information about These Agencies?
-
Georgia
Department of Agriculture, Animal Protection Section
licenses operators of animal shelters, rescue groups and
humane societies that house animals,
pet breeders, pet dealers, pet shops, pet groomers, boarding
and training kennels, and aviaries and enforces
the Georgia Animal Protection Act, O.C.G.A. §4-11-1.
For more information, visit the Georgia
Department of Agriculture website.
- Georgia
Department of Agriculture, Equine Health Section licenses
operators of stables and enforces specific sections of the
Georgia Animal Protection Act, O.C.G.A. §4-11-1, pertinent to equine. They also have jurisdiction
over the care and treatment of equine
under the authority of the Georgia Humane Care for Equine
Act, O.C.G.A. §4-13-1. For more information, visit
the Georgia
Department of Agriculture website.
- Local
law enforcement (municipal or county police department or
county sheriff’s department) enforces the criminal
provisions of Cruelty to Animals, O.C.G.A. §16-12-4.
- An animal control officer is an individual
authorized by local law or by the governing authority
of a county or municipality to carry out the duties imposed
by local ordinance and certain articles contained within the
Georgia Animal Protection Act, O.C.G.A. §4-11-2.
-
Georgia
Department of Natural Resources, Wildlife Resources Division
licenses individuals and companies engaged in the exhibition
of wildlife and exotic animals (not normally domesticated)
and enforces the Standards for Humane Handling and Care,
O.C.G.A. §27-5-6. For more information, visit the
Department
of Natural Resources website.
- U.S.
Department of Agriculture, Animal and Plant Health
Inspection Service, Animal Care requires that minimum
standards of care and treatment be
provided for most warm-blooded animals bred for commercial
sale, used in research, transported commercially, or
exhibited to the public. They license animal dealers (pet
wholesalers, animal brokers, laboratory animal breeders and
dealers, exotic and wild animal
dealers), animal transporters (commercial airlines), animal
exhibitors (circuses, zoos, promotional animal exhibits),and research facilities. They enforce the
federal Animal Welfare Act and the Code of Federal
Regulations, Title 9, Chapter 1,Subchapter
A. For more information, visit the USDA
website.
This
section is a work in progress, with the aim of helping to eliminate frivolous
calls as well as providing reporting guidelines so the
public can assist authorities in making better cases. We anticipate
adding "Frequently Asked
Questions," " What Is NOT Cruelty," and
"What to Do If Authorities Do Not Respond." Thanks
to the Georgia Department of
Agriculture, Georgia Animal Control Association, Georgia
Veterinary Medical Association, and the Georgia Coalition of Dog Clubs, Inc. for their
assistance.
Please
send any suggestions to the webmaster.
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