Athens City Code

1. (1) It is unlawful for any person owning or being in charge of any dogs, cats, swine, sheep, horses, mules, or goats, or any chickens, ducks, geese, turkeys, or other domestic fowl, cattle or livestock to knowingly or negligently permit any of them to run at large in any street, alley, or unenclosed lot within the corporate limits. An animal shall be deemed to be running at large unless confined to the owner's premises or accompanied by a person in control of such animal either by leash or by voice commands which such animal will obey.
2. (2) Any person, including the animal's owner, knowingly or negligently permitting an animal to run at large may be prosecuted under this section even if the animal is picked up and disposed of under other provisions of this chapter, whether or not the disposition includes returning the animal to its owner.

(Code 1972, § 3-101; Code 1995, § 10-101)

No person shall keep any animal or fowl enumerated in ACC 10-1, excluding dogs and cats, on any lot or parcel of ground on which a residence or business is located unless the lot or parcel of ground shall contain two acres or more, or within 300 feet of any residence, place of business or public street, nor within a pen or other enclosure which provides less than 900 square feet of space for each animal or fowl without a permit from the animal control officer. The animal control officer shall issue a permit only when, in his sound judgment, the keeping of such an animal in a yard or building under the circumstances as set forth in the application for the permit will not injuriously affect the public health.

(Code 1972, § 3-102; Code 1995, § 10-102)

When animals or fowl are kept within the corporate limits, the building, structure, corral, pen or enclosure in which they are kept shall at all times be maintained in a clean and sanitary condition. Excrement should be removed regularly from the living space of a penned or chained animal adequate to ensure the sanitation of quarters and the health of the animal.

(Code 1972, § 3-103; Code 1995, § 10-103)

No owner shall fail to provide his animals with sufficient wholesome and nutritious food, water in sufficient quantities, proper air and ventilation, shelter, space and protection from the weather, veterinary care when needed to prevent suffering, and humane care and treatment. No animal shall be confined by a chain or pen not adequate to the size of the animal to allow freedom of movement and comfort to the animal.

(Code 1972, § 3-104; Code 1995, § 10-104)

No owner shall fail to exercise proper care and control of his animals to prevent them from becoming a public nuisance because of noise, odor, danger of contagious disease, or other reason. The term "public nuisance animal" shall mean and include, but is not limited to, any animal that:

1. (1) Is repeatedly found at large;
2. (2) Damages the property of anyone other than its owner;
3. (3) Molests or intimidates pedestrians or passersby;
4. (4) Chases vehicles;
5. (5) Excessively makes disturbing noises;
6. (6) Causes fouling of the air by odor and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
7. (7) Causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored;
8. (8) Attacks other domestic animals.

(Code 1972, § 3-105; Code 1995, § 10-105)

The owner shall confine within a building or secure enclosure any fierce, dangerous, or vicious animal and not take such animal out of the building or secure enclosure unless such animal is securely muzzled. The owner shall also post in a conspicuous place at each entrance to such building or enclosure a clearly legible and visible sign warning all persons preparing to enter the building or enclosure of the dangerous or vicious animal confined therein.

(Code 1972, § 3-115; Code 1995, § 10-115)

Every owner of a female animal which has not been sterilized is required to confine the animal for a period of 21 days during the period in which she is in heat. Upon request of the owner, the female in heat may be boarded at the animal shelter for a fee as specified in the approved fee schedule. The city assumes no responsibility or liability for such female animal while she is boarded.

(Code 1972, § 3-206; Code 1995, § 10-205; Ord. No. 795, 7-19-1994)

No person shall own, possess, or have custody of on his premises any wild or vicious animal for display, training, or exhibition purposes, whether gratuitously or for a fee. This section shall not be construed to apply to AZA accredited facilities. No person shall keep or permit to be kept any wild animal as a pet.

(Code 1972, § 3-118; Code 1995, § 10-118)

The owner of every animal shall be responsible for the removal or any excreta deposited by his animal on public walks, recreation areas, or private property.

(Code 1972, § 3-119; Code 1995, § 10-119)

1. (1) All animals within the city are declared to be the personal property and subjects of larceny, and it is unlawful for any person, except an officer or authorized agent of the city in the legal performance of his duty, deliberately or by any means, to kill, injure, or detain or to attempt deliberately to kill, injure or detain any animal.
2. (2) In case of accidental destruction or injury to an animal, the person causing such destruction or injury shall immediately report the same to the owner or to the appropriate city official, giving his name and address.
3. (3) It is unlawful for any person to place any poison of any description in any place, on his premises or elsewhere, where it may be easily found or taken by any animal.
4. (4) Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop at once and render such assistance as may be possible and shall immediately report such injury or death to the animal's owner. In the event the owner cannot be ascertained and located, such operator shall at once report the accident to the appropriate law enforcement agency.

(Code 1972, § 3-117; Code 1995, § 10-117)

1. (1) A person commits a civil offense who intentionally or knowingly:
   1. (a) Tortures, maims or grossly overworks an animal;
   2. (b) Fails unreasonably to provide necessary food, water, care or shelter for an animal in the person's custody;
   3. (c) Abandons unreasonably an animal in the person's custody;
   4. (d) Transports or confines an animal in a cruel manner; or
   5. (e) Inflicts burns, cuts, lacerations, or other injuries or pain, by any method, including blistering compounds, to the legs or hooves of horses in order to make them sore for any purpose, including, but not limited to, competition in horse shows and similar events.
2. (2) A person commits a civil offense who knowingly ties, tethers, or restrains a dog in a manner that results in the dog suffering bodily injury in the form of a cut, abrasion, bruise, burn or disfigurement, and physical pain or temporary illness or impairment of the function of a bodily member, organ, or mental faculty.
3. (3) If the animal control officer has information that an animal or fowl is being so treated, then he may obtain a warrant and enter upon any premises where the animal or fowl is being kept and demand to examine such animal or fowl, to examine the license for such animal or fowl, and/or to take possession of such animal or fowl when such action is required to ensure its humane treatment. The animal control officer may dispose of such animal or fowl as provided in this chapter. If the animal requires a veterinarian's care, the owner of the animal shall be responsible for all medical expenses.

(Code 1972, § 3-106; Code 1995, § 10-106; Ord. No. 986, 3-16-2010)

Any person who owns, keeps, or harbors any animal which, while upon the premises of another, or upon public property, causes damage or injury to any person, domestic animal, or property shall be held liable in damages to such person, domestic animal or property. The lack of knowledge of the vicious or destructive nature of such animal shall have no bearing upon the question of liability of the person owning, keeping, or harboring such animal.

(Code 1972, § 3-116; Code 1995, § 10-116)