Robyn Stewart
In December, Lincoln County made local, regional, and state-wide news outlets with the arrest of over 40 people and seizure of over 200 chickens from a cockfighting ring bust. Many of these perpetrators are being charged with aggravated animal cruelty, among other things. In a rural agricultural county like ours, humane and ethical treatment of livestock and other animals needs to be a priority. This week, let’s look at some of the legislation that exists to protect domesticated animals in Georgia.
First, there are a lot of different terms associated with animal welfare laws in Georgia, and it’s important to understand what they mean. In Georgia, the definition of livestock includes: cattle, swine, equine, poultry, sheep, goats, bison, water buffalo, farmed deer, llamas, alpacas, and ruminants. The term domestic animal includes dogs, cats, rabbits, small birds, rodents, and small mammals, while fowl refers to chickens, quail, ducks, turkey, etc. Lincoln County, regulations state that in zones R1, R2, and R3, livestock and fowl may be kept, raised, and bred for home use and enjoyment, with the understanding that there is one animal unit allowed per 1/3 acre of property and that the animal must be adequately contained within the property. Domestic pets have no restrictions and may be kept and bred on private property. It is important to note that any buildings or structures used to house or restrain animals must be located no less than 50 feet from all property lines. The Lincoln County Extension Office or Zoning Office can help identify what zoning area you are in and what regulations may apply, if any.
To clarify some terminology used in the following legislation: willful neglect is defined as the intentional withholding of food and water required by an animal in adequate amounts to prevent starvation or dehydration. Adequate and humane care includes the provision of food and water in sufficient amounts and type appropriate for the animal, as well as adequate heat, ventilation, and sanitary shelter consistent with the animal’s normal requirements and habits. Georgia legislation states that animal cruelty is committed when one causes death or unjustifiable suffering to any animal via an act, omission, or willful neglect, or, when one fails to provide adequate humane care to an animal in their custody. Animal cruelty is a misdemeanor charge in Georgia. Its escalation to aggravated cruelty to animals, a felony charge, is defined as: when one maliciously causes the death of an animal, causes physical harm by depriving it of a member of its body or seriously disfiguring it, tortures an animal by inflicting severe and prolonged physical pain, administers poison to an animal, or maliciously fails to provide adequate and humane care causing the death or disfigurement of the animal. It is important to note that a person may be justified in injuring or killing an animal and incur no civil liability or criminal responsibility if the act is necessary to defend against an imminent threat of injury or damage to person, another animal, or property.
As a rural county, animal abandonment is often a concern. It is against the law for any person to knowingly and intentionally abandon any domestic animal on public or private property. Per the “Livestock at Large” clause, it is the duty of county law enforcement to impound any livestock found running or straying on private or public property. Once impounded, law enforcement will provide written notice to the owner, and if the animal is not collected within three days, it will be offered for sale. Dogs and cats that have been abandoned and brought to a local shelter, veterinarian, or other facility must be scanned for a microchip within 24 hours. If a microchip is found, the operator shall make all reasonable effort to contact the owner of the animal. If no owner is known or if the owner cannot be reached, the animal enters a county-determined hold period (as we have no brick and mortar shelters in Lincoln County we do not have a documented hold period) that typically ranges from 5-10 days. After the hold period, animals may be offered for sale or adoption if appropriate.
If you are concerned about the welfare of an animal, you should collect the following information and report it to the Lincoln County Sheriff’s Department. Witness’s name, address, and phone number, as well as written documentation (notes, photos) of the conditions or incident including when and where it occurred. Also provide identity of the alleged perpetrator including their name, address, phone number, and any possible or known associates in the crime. The more details and information you can provide, the better.
Details of legislation from: O.C.G.A. 16-12-4, O.C.G.A. 4-11-2, O.C.G.A. 4-13-2
