§ 10-53. Violations; penalties.

(a)

The owner of a dangerous dog who violates the applicable provisions of section 10-57 or section 10-59 or whose dangerous dog is subject to confiscation under section 10-60(a) shall be guilty of a misdemeanor of a high and aggravated nature. In addition to any confinement that might be imposed for a conviction under this subsection, for the second conviction a fine of not less than $500.00 shall be imposed and for a third or subsequent conviction a fine of not less than $750.00 shall be imposed.

(b)

The owner of a potentially dangerous dog who violates the applicable provisions of section 10-57 or section 10-59 or whose potentially dangerous dog is subject to confiscation under section 10-60(b) shall be guilty of a misdemeanor. In addition to any confinement that might be imposed for a conviction under this subsection, for a second conviction a fine of not less than $150.00 shall be imposed and for a third or subsequent conviction a fine of not less than $300.00 shall be imposed.

(c)

If an owner who has a previous conviction for a violation of this division knowingly and willfully fails to comply with the provisions of this division, such owner shall be guilty of a felony if the owner's dangerous dog attacks or bites a human being under circumstances constituting another violation of this division and shall be prosecuted under O.C.G.A. § 4-8-20 et seq.

(d)

An owner who knowingly and willfully fails to comply with the provisions of this division shall be guilty of a felony if the owner's dangerous dog aggressively attacks and causes severe injury or death of a human being under circumstances constituting a violation of this division and shall be prosecuted under O.C.G.A. § 4-8-20 et seq.

(e)

In addition to the penalties for violations under subsection (c) or (d) of this section, the dangerous dog involved shall be immediately confiscated by the dog control officer or by a law enforcement officer or another person authorized by the dog control officer and placed in quarantine for the proper length of time as determined by the county board of health, and, thereafter, the dangerous dog shall be destroyed in an expeditious and humane manner.

(f)

No owner of a dangerous dog shall be held criminally liable under this division for injuries inflicted by such owner's dog to any human being while on the owner's property.

(Ord. of 5-9-1995(3), § 8)

State law reference

Similar provisions, O.C.G.A. § 4-8-28.