| PET CLASSIFIED'S |
GEORGIA'S ANIMAL ABUSE LAWS!! 16-12-4 |
| A PUPPY DROPPED OFF TO STARVE TO DEATH |
| A CAT DROWNED IN MOTOR OIL AND HIS HEAD CUT OFF |
| A SUBSTANTIAL PART OF HUMANE ASSOCIATION OF GEORGIA, INC MISSION IS THE PREVENTION OF ANIMAL CRUELTY AND ANIMAL FIGHTING WITHIN THE STATE OF GEORGIA'S. TO THIS END, HAGA SPONSORED AN INITIATIVE BEGINNING IN 1997 TO TOUGHEN GEORGIA LAWS FOR THE PUNISHMENT OF ACTS OF ANIMAL CRUELTY. THIS INITIATIVE RESULTED IN THE PASSAGE OF THE ANIMAL PROTECTION ACT OF 2000 BY THE GIORGIA GENERAL ASSEMBLY. AS A PART OF ITS ONGOING EFFORTS IN THIS AREA, HAGA HAS PUBLISHED AND EDUCATIONAL FACT SHEET "HOW TO IDENTIFY AND REPORT ANIMAL CRUELTY IN GEORGIA", THE ANIMAL PROTECTION ACT OF 2000 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 DOMESTIC ANIMAL,M 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 AFFECT 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 STATURE WILL NOT CONFLICT WITH (OR OVERRULE) ANOTHER GEORGIA LAW THAT PERMITS CERTAIN ACTIVITY. THE LIST OF "EXEMPTIONS." 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 SATES, 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 HOW TO IDENTIFY AND REPORT ANIMAL CRUELTY IN GEORGIA 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 ANY PERSON WHO IS CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF THIS SUBSECTION SHALL BE PUNISHED BY IMPRISONMENT NOT TO EXCEED 12 MONTHS, A FINE NOT TO EXCEED $5,000.00 OR BOTH; ANY PERSON WHO IS CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF THIS SUBSECTION WHICH RESULTS IN THE DEATH OF AN ANIMAL SHALL BE GUILTY OF A MISDEMEANOR OF A HIGH AND AGGRAVATED NATURE SHALL BE PUNISHED BY IMPRISONMENT FOR NOT LESS THAN THREE MONTHS NOR MORE THAN 12 MONTHS, A FINE NOT TO EXCEED $10,000.00, OR BOTH, WHICH PUNISHMENT SHALL NOT BE SUSPENDED, PROBATED, OR WITHHELD. AGGRAVATED CRUELTY TO ANIMALS (FELONY CHARGE): A PERSON COMMITS THE OFFENSE OF AGGRAVATED CRUELTY TO ANIMALS WHEN HE OR SHE KNOWINGLY AND MALICIOUSLY CAUSED DEATH OR PHYSICAL HARM TO AN ANIMAL BY RENDERING A PART OF SUCH ANIMAL'S BODY USELESS OR BY SERIOUSLY DISFIGURING SUCH ANIMAL. A PERSON CONVICTED OF THE OFFENSE OF AGGRAVATED CRUELTY TO ANIMALS SHALL BE PUNISHED BY IMPRISONMENT FOR NOT LESS THAN ONE NOR MORE THAN FIVE YEARS, A FINE NOT TO EXCEED $15,000.00 , OR BOTH, PROVIDED THAT ANY PERSON WHO IS CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF THIS SUBSECTION SHALL BE PUNISHED BY IMPRISONMENT FOR NOT LESS THAN ONE NOR MORE THAN FIVE YEARS, A FINE NOT TO EXCEED THE AMOUNT PROVIDED BY CODE SECTION 17-10-8, OR BOTH. BEFORE SENTENCING A DEFENDANT FOR ANY CONVICTION UNDER THIS CODE SECTION, THE SENTENCING JUDGE MAY REQUIRE PSYCHOLOGICAL EVALUATION OF THE OFFENDER AND SHALL CONSIDER THE ENTIRE CRIMINAL RECORD OF THE OFFENDER. 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 DEPARTMENT OF AGRICULTURE, DEPARTMENT OF NATURAL RESOURCES, AND 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. NOTHING IN THIS CODE SECTION SHALL BE CONSTRUED AS PROHIBITING A PERSON FROM: DEFENDING HIS OR HER PERSON OR PROPERTY, OR THE PERSON OR PROPERTY OF ANOTHER, FROM INJURY OR DAMAGE BEING CAUSED BY AND ANIMAL; OR INJURING OR KILLING AN ANIMAL REASONABLY BELIEVED TO CONSTITUTE A THREAT FOR INJURY OR DAMAGE TO ANY PROPERTY, LIVESTOCK, OR POULTRY. THE METHOD USED TO INJURE OR KILL SUCH ANIMAL SHALL BE DESIGNED TO BE AS HUMANE AS IS POSSIBLE UNDER THE CIRCUMSTANCES. A PERSON WHO HUMANELY INJURES OR KILLS AN ANIMAL UNDER THE CIRCUMSTANCES INDICATED IN THIS SUBSECTION SHALL INCUR NO CIVIL OR CRIMINAL LIABILITY FOR SUCH INJURY OR DEATH. * 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 WHO COMMITS THE OFFENSE OF CHICKEN FIGHTING WHEN HE OR SHE CAUSES OR ALLOWS A CHICKEN TO FIGHT ANOTHER CHICKEN FOR SPORT OR GAMING PURPOSES OR MAINTAINS OR OPERATES ANY EVENT AT WHICH CHICKENS ARE ALLOWED OR ENCOURAGED TO FIGHT ONE ANOTHER. 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, 8A.M. -4:30 P.M. ANIMALS 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 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.E., 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 8A.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 (I.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 (I.G. WHITETAIL DEER, RAPTURES, LARGE CATS) REPORT TO THE GEORGIA DEPARTMENT OF NATURAL RESOURCES WILDLIFE RESOURCES DIVISION AT 770-761-3044, MONDAY - FRIDAY, 8A.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, 8A.M. - 4:30 P.M. |
| THIS IS TERRIBLE!! HOW CAN PEOPLE LET THIS HAPPEN |
