Dog Owners Have Duty to Control Dog

Many arguments between dog owners and others start with the picking up of the dog feces. Where do they end? Well sometimes they end with a dog attack and serious injuries. In the City of Atlanta, dog owner have many duties when it comes to their dogs. One such duty is to clean up after them. The City code is as follows:

Sec. 18-9. – Removal of canine fecal matter.

(a) It shall be unlawful for any person owning, possessing, harboring or having care, charge, control or custody of any dog not to remove any feces left by that dog on any sidewalk, gutter, street, lot or other public area. Dog waste shall be immediately removed by placing said matter in a closed or sealed container and thereafter disposing of it in a trash receptacle, sanitary disposal unit or other closed or sealed refuse container.

(b) Each and every violation of this code section shall be punishable to the extent provided by code section 1-8.

(Ord. No. 1996-57, § 1, 8-12-96)

According to the law”

Sec. 1-8. – General penalty; continuing violations

(a) In this section, the term “violation of this Code” means:

(1) Doing an act that is prohibited or made or declared unlawful, an offense or a misdemeanor by ordinance or by rule or regulation authorized by ordinance;

(2) Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance; or

(3) Failure to perform an act if the failure is declared a misdemeanor or an offense or unlawful by ordinance or by rule or regulation authorized by ordinance.

(b) In this section, the term “violation of this Code” does not include the failure of a city officer or city employee to perform an official duty, unless it is provided that failure to perform the duty is to be punished as provided in this section or it is clear from the context that it is the intent to impose the penalty provided for in this section upon the officer or employee.

(c) Except as otherwise provided:

(1) A person convicted of a violation of this Code shall be punished by a fine not exceeding $1,000.00, imprisonment for a term not exceeding six months, work on the public streets or on public works of the city for not more than six months, supervised home confinement for a term not to exceed six months, or any combination thereof. With respect to violations of this Code that are continuous with respect to time, each day the violation continues is a separate offense.

(2) Notwithstanding the provisions in subsection (1), in lieu of suspension, revocation or the failure to renew, the mayor may impose a fine upon any licensee holding a license to sell alcoholic beverages for on-premise consumption, such fine not to exceed $2,500.00 for each violation of the alcoholic beverages licensing ordinances.

(d) The imposition of a penalty does not prevent revocation or suspension of a license, permit or franchise or other administrative sanctions.

(e) Violations of this Code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief and by such other means as are provided by law. The imposition of a penalty does not prevent equitable relief.

(Code 1977, § 18-1008; Ord. No. 2006-45, § 1, 7-25-06; Ord. No. 2009-19(09-O-0798), § 1, 5-26-09)

Authority of municipal judge to order persons convicted of offenses to perform work on public property, § 62-41; municipal court sentences for persons convicted of multiple offenses, § 62-42.

Limitations on penalties, O.C.G.A. § 36-35-6(a)(2).

Sec. 1-9. – Time limits on prosecutions.

All prosecutions for violations of this Code or other city ordinances shall be commenced within two years after the violation. Any offense against this Code or those ordinances for which no prosecution begins within two years after its commission shall be barred, unless the accused shall have been beyond the limits of the city, in which case the time of absence from the city shall not be embraced or computed as within the two years.

(Code 1977, § 3-1078)

The above code sections make clear that, in addition to making sure that their dogs are kept under control pursuant to the numerous leash laws in place in and around the City of Atlanta, dog owners must pick up after their dogs or face stiff fines and penalties.

For more than 20 years, Attorney Robert J. Fleming has been handling wrongful death cases, dog attack cases, personal injury cases, dental malpractice and medical malpractice lawsuits for individuals and families who have been injured or died as a result of the negligence of others in and around the Atlanta, Georgia area, including Alpharetta, Austell, Brookhaven, Chamblee, College Park, Duluth, Decatur, Doraville, Hapeville, Johns Creek, Jonesboro, Lawrenceville, Norcross, Peachtree City, Riverdale, Roswell, Sandy Springs, Stone Mountain, and Smyrna. If you have been seriously injured and would like quality legal representation or if you would just like to consult about your potential case, contact Robert J. Fleming directly on (404) 525-5150 or contact us online.