Pine Lake City Zoning Code

It shall be the duty of the owner or person responsible for any dead animal in the city to remove or dispose of the same in a sanitary and inoffensive manner within 24 hours of learning of such dead animal. If not removed within said time, the city may remove the animal and charge the costs thereof against the owner or person responsible.

(Code 1986, § 9-3-1; Ord. No. 103, 2-4-1972)

State Law reference— Disposal of dead animals, O.C.G.A. § 45-5-5.

(a)

The entire area embraced within the corporate limits of the city is hereby designated as a bird sanctuary.

(b)

It shall be unlawful to trap, hunt, shoot or attempt to shoot or molest in any manner any bird or wildfowl or to rob bird's nest or waterfowl's nest.

(c)

If starlings or similar birds are found to be congregating in such numbers in a particular locality that they constitute a nuisance or menace to health or property in the opinion of the proper health authorities of the city then in such event said health authorities shall meet with representatives of the Audubon Society, Bird Club, Garden Club or Humane Society, or as many of said clubs as are found to exist in the city after having given at least three days' actual notice of the time and place of said meeting to the representatives of said clubs. If as a result of the meeting no satisfactory alternative is found to abate the nuisance, then the birds may be destroyed in such numbers and in such manner as is deemed advisable by said health authorities under the supervision of the chief of police and mayor of the city.

(Code 1986, § 9-3-2; Ord. No. 103, 2-4-1972)

(a)

It shall be unlawful for any person to shoot, trap, snare, destroy, molest or keep in confinement within the city limits any small wild game such as rabbits and squirrels, the only exception being predatory animals destroying property.

(b)

It shall be unlawful to feed the ducks and geese at the lake or park area. Infractions will be subject to penalties pursuant to section 1-9.

(Code 1986, § 9-3-3; Ord. No. 07-04, § 9-3-3, 7-12-2004)

It shall be unlawful for any person to keep or maintain any pen, coop or enclosure for animals or fowl, or to permit any animal or fowl to be kept, maintained or grazed, within 250 feet of any house or building where people reside or work. This section shall not apply to any house or building on the same premises where such animal or fowl is kept or maintained, nor shall it apply to dogs or cats as household pets, but it shall apply to dog kennels, where more than three dogs are kept.

(Code 1986, § 9-3-4; Ord. No. 103, 2-4-1972)

(a)

Any resident of the city may raise and maintain one flock of poultry, not to exceed in number a total of 30 birds, within the city limits, composed of any type of poultry, except guinea fowls, provided the flock is maintained on the premises of the resident and in accordance with the distance requirements of section 14-22. Guinea fowls are expressly prohibited since the characteristics and frequency of their call creates a constant and generally annoying disturbance throughout the entire neighborhood.

(b)

Any resident maintaining a flock of poultry, as set forth in subsection (a) of this section, shall provide suitable housing facilities, hereinafter referred to as the poultry house, and the flock shall not be released from the poultry house except and unless a "run" is provided and fenced and connected to the poultry house is such a manner as will not permit the fowls to have free range over the entire premises of the owner, but in such a manner as will restrict the entire flock to the confines of the poultry run and house at all times.

(c)

A clean and sanitary condition shall be strictly maintained at all times and the poultry house and run opened for inspection by duly authorized members of the police or county health personnel. Failure on the part of the owner to maintain clean and sanitary conditions in and around the poultry house and run, or failure to open such facilities promptly for inspections shall constitute a violation of this article.

(d)

Should one or more birds of the flock become injured or killed or cause damage or injury to the person or property of others while outside of the confines of the poultry house or run maintained by the owner for their confinement, the responsibility thereof shall rest solely and entirely with the owner of the flock since the owner is charged herein with the responsibility of keeping his or her flock of poultry within the confines of the poultry house or run at all times.

(Code 1986, § 9-3-5)

(a)

Any resident of the city may raise and maintain rabbits and guinea pigs, not to exceed in number a total of 30 animals within the city limits, provided they are maintained on the premises of the resident in accordance with the provisions of section 14-22.

(b)

Any resident maintaining rabbits or guinea pigs, as set forth in subsection (a) of this section, shall provide hutches or pens built up at least two feet from the ground, and the animals shall not be released from said hutches or pens at any time. At no time shall the animals be released from the hutches or pens or turned loose on the ground even though the hutches or pens are maintained within a fenced-in enclosure.

(c)

The same conditions as set forth in section 14-23(c) and (d) regarding sanitary conditions, and the owner's responsibilities, shall apply to the owners of rabbits and/or guinea pigs exactly the same as it does to the owners of poultry.

(Code 1986, § 9-3-6; Ord. No. 38, 6-12-1946)

(a)

Owners of residential property as defined by chapter 2 of part 11 of the county code, shall be allowed to raise, maintain and confine pigeons, which pigeons shall be raised, maintained and confined for noncommercial uses. The intentions of this section is to accommodate person owning residentially zoned property who desire to raise, maintain and confine pigeons for a hobby.

(b)

No person shall be permitted to raise, harbor, confine, contain or maintain pigeons on residentially zoned property in a number in excess of 200, except where permitted by the zoning ordinances of the city and the county, as they presently exist or as they are hereafter amended.

(c)

Persons who own residentially zoned property, which property contains not less than one and one-half acres in total area, and who desire to raise, maintain and confine pigeons in accordance with subsection (a) of this section may do so; provided, however, that:

(1)

The number of pigeons kept on the premises does not exceed 200; and

(2)

No pigeon loft or structure designed for the confinement of pigeons shall be constructed closer than 25 feet to any property line of any abutting landowner and shall not be constructed closer than 200 feet to any dwelling or structure of any abutting landowner which is designed, arranged and used for the living quarters for one or more persons.

(d)

Persons who own residentially zoned property, which property contains not less than one acre in total area, and who desire to raise, maintain and confine pigeons in accordance with subsection (a) of this section may do so; provided, however, that:

(1)

The number of pigeons kept on the premises does not exceed 150; and

(2)

No pigeon loft or structure designed for the confinement of pigeons shall be constructed closer than 25 feet to any property line of any abutting landowner and shall not be constructed closer than 150 feet to any dwelling or structure of any abutting landowner which is designed, arranged and used for the living quarters for one or more persons.

(e)

Persons who own residentially zoned property less than one acre in area and who desire to raise, maintain and confine pigeons in accordance with subsection (a) of this section may do so, provided they comply with the following provisions:

(1)

No more than 100 pigeons shall be kept on the premises and provided, however, that there shall not be kept on the premises more than 75 pigeons over 16 weeks in age;

(2)

Any pigeon loft so constructed shall be constructed in such a fashion that no part of it is closer than 20 feet to any abutting property line of any abutting landowner and shall not be constructed closer than 100 feet to any structure or dwelling unit of any abutting landowner which is designed, arranged and used as the living quarters for one or more persons.

(f)

Pigeons shall be confined to the loft at all times except when released for necessary exercise, training or racing flights, with no more than 50 percent to be released at any one point of time. Domestic pigeons shall not be allowed to linger on the property of others in such a way as to cause damage or otherwise prevent the full enjoyment and use of this property by the owners or tenants thereof.

(g)

Any pigeon loft so constructed shall have as a minimum one and one-half square feet of floor space per pigeon and shall not be larger than 240 square feet in total area; provided, however, that the maximum limitation shall not apply to those persons referred to in subsection (c) of this section, and in no event shall any loft so constructed contain less than the minimum square feet of floor space per pigeon as required herein. That phrase is commonly understood by individuals referred to in subsection (a) of this section, shall be constructed so that it faces the residence of the owner.

(h)

All pigeons governed by this section must be banded and shall be identified by a band.

(i)

Management and sanitation practices must be of such measure to prohibit odors, flies, rodents, etc., at all times regardless of weather or climatic conditions and meet local health codes. The health department of the county shall have the right and responsibility to inspect facilities at reasonable intervals.

(j)

Any owner as defined by subsection (a) of this section who does not presently meet the requirements of this section shall have one year within which to comply with this section or may apply for a waiver or variance upon presenting affidavits to the board from all adjacent property owners stating they have no objections to the pigeons and the location of their physical facilities.

(Code 1986, § 9-3-7; Ord. No. 107, 5-9-1983)

Any person housing, supporting or maintaining livestock, farm animals, poultry or fowl not expressly authorized in the foregoing sections shall be adjudged in violation of this article and, upon conviction thereof shall be punished as provided in section 1-9.

(Code 1986, § 9-3-8; Ord. No. 38, 6-12-1946)

This article shall be known and may be cited as the "Animal Control Ordinance of the City of Pine Lake, Georgia."

(Code 1986, § 9-3-21; Ord. No. 107, 5-9-1983)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned animal means any domesticated animal shall be considered abandoned, for the purposes of this article, which shall have been placed upon public property or within a public building unattended or uncared for, or upon or within the private property of another without the express permission of the owner, custodian or tenant of the private property and is unattended or uncared for. Any domesticated animal shall also be considered as abandoned, for the proposes of this article, which shall have been upon or within the property of the owner or custodian of this animal for a period of time in excess of 36 hours unattended and without proper food and water.

Abused animal means any animal which is mistreated, beaten, tormented or teased, or is deprived of water, food or shelter, or is kept under unsanitary conditions, or is abandoned, or is trained for fighting other animals.

Animal at large means an animal not under restraint.

Animal control center means the facility designated by the county board of commissioners for the detention of animals.

Animal control officer means any person designated by the county animal control director to perform the duties prescribed by this article or imposed by local ordinance, and any police officer of the city.

Animal under restraint means any animal humanely secured by a leash or lead or enclosed by way of fence or other enclosure or the animal is confined within a vehicle, parked or in motion.

Companion animal means a domesticated animal kept for pleasure rather than utility. Pets include, but are not limited to, birds, cats, dogs, hamsters, horses, mice, reptiles, domesticated wild animals, exotic animals and other animals associated with man's environment.

Dangerous animals means any animal which constitutes a physical threat to human beings or other domestic animals by virtue of a known propensity to endanger life by an unprovoked assault or bite so as to cause serious bodily harm. An animal trained, owned or harbored for the purpose primarily or in part, of animal fighting. Exceptions: An animal shall not be deemed dangerous if:

(1)

It bites, attacks or menaces:

a.

Anyone assaulting the owner;

b.

A trespasser on the property of the owner; or

c.

Any person or other animal who has tormented or abused it;

(2)

It is otherwise acting in defense of an attack from a person or other animal upon the owner or other person; or

(3)

It is protecting or defending its young or other animal.

Director means the county animal control director.

Domesticated animals means animals that are accustomed to live in or about the habitation of men including, but not limited to, cats, cows, dogs, fowl, horses, swine, domesticated wild animals and/or exotic animals. This definition only applies to those animals mentioned herein and is only applicable to this article, and in no way affects the meaning or application of a definition of the described animal, as may be found in any other city ordinances.

Guard dog means any dog which has been trained to attack persons independently or upon oral command and any dog which, while not so trained, is reasonably expected to perform as a guardian of its owner and/or upon and within which he or she is located.

Owner means any person owning, keeping, harboring or acting as custodian of a domesticated animal.

Public nuisance means any animal which:

(1)

Is found at large in violation of sections 14-60, 14-61 and 14-62.

(2)

Is unlicensed (unregistered) in violation of section 14-63.

(3)

Is trained, owned or harbored for the purpose, primarily or in part, of dog fighting.

(4)

Is dangerous, as defined, and is not restrained or confined, as provided for in sections 14-61 and 14-62.

(5)

Produces, because of quantity, manner or method in which the animals are domesticated or maintained, unsanitary conditions in the city.

(6)

Is inimical to the public health, welfare or safety according to the rules and regulations promulgated by the board of health, which rules and regulations are incorporated herein and made a part hereof as if fully set out in this article; is herby declared to be a public nuisance and any person that knowingly keeps, owns, harbors or acts as custodian of an animal constituting this nuisance shall be guilty of an unlawful act and shall be punishable as hereinafter provided.

(Code 1986, § 9-3-22; Ord. of 8-10-1987, §§ 1—5)

State Law reference— Definitions, O.C.G.A. § 4-11-2.

Any person violating the terms of this article or rules and regulations promulgated pursuant thereto shall be punished pursuant to section 1-9.

(Code 1986, § 9-3-35; Ord. No. 107, 5-9-1983; Ord. of 8-10-1987, § 12)

There is hereby recognized the county animal control center, which is under the supervision the director and is staffed with such personnel as may, from time to time, be authorized in the county budget and appropriations.

(Code 1986, § 9-3-23; Ord. No. 107, 5-9-1983)

It shall be unlawful for the owner of any animal, or anyone having an animal in his or her custody, to allow it to run at large unattended on or about the streets and highways of the incorporated limits of the city; or on the property of another person, without permission of the owner of that property, or of the person in possession of that property, except dogs being hunted in accordance with state game and fish department laws, rules and regulations. Failure to comply with this section shall be unlawful and shall be punishable as hereinafter provided.

(Code 1986, § 9-3-24; Ord. No. 107, 5-9-1983)

It shall be the duty of every owner of any animal, or anyone having any animal in his or her possession or custody, to exercise reasonable care and to take all necessary steps and precautions to protect other people, property, and animals from injuries or damage which might result from their animals regardless of whether such behavior is motivated by mischievousness, playfulness or ferocity.

(Code 1986, § 9-3-25; Ord. No. 107, 5-9-1983; Ord. of 8-10-1987, § 6)

It shall be the duty of the owner of any animal or anyone having an animal in his or her possession or custody, to ensure that the animal is kept under restraint and that reasonable care and precautions are taken to prevent the animal from leaving, while unattended, the real property limits of its owner, possessor or custodian, and that:

(1)

It is securely and humanely enclosed within a house, building, fence, pen or other enclosure out of which it cannot climb, dig, jump or otherwise escape on its own volition; and such enclosure must be securely locked at any time the animal is left unattended.

(2)

It is on a leash or under the control of a competent person, or is off leash and obedient to that person's command and that person is present with the animal any time it is not restrained as provided for in subsection (1) of this section while on owner's property.

(3)

It shall be the duty of the owner of any animal or anyone having an animal in their possession to keep the animal under restraint at all times while the animal is off the real property limits of the owner, possessor or custodian. For the purposes of this section, an animal is deemed under restraint when it is confined within a vehicle, parked or in motion, is secured by a leash or other device held by a competent person, is within the boundaries of a designated dog park under voice command of a competent person and such person is present with the animal, or the animal is properly confined within an enclosure with the permission of the owner of the property where the enclosure is located.

(4)

Animal under restraint means any animal secured by a leash or lead or enclosed by way of fence or other enclosure or the animal confined within a vehicle, parked or in motion.

(5)

The term "dog park" means an area within a city-owned park designated by signs, fencing or other appropriate boundaries as a free-run area for dogs when the dog is under the control of a responsible and competent person and obedient to that person's commands and such person is present with the animal.

(6)

Additional requirements for precautions to be taken by owners of dangerous animals:

a.

Whenever outside of its enclosure as provided for in subsection (1) of this section, but on the owner's property, a dangerous dog must be attended by the owner and restrained by a secure collar and leash of sufficient strength to prevent escape.

b.

No dangerous animal shall be chained, tethered or otherwise tied to any inanimate object such as a tree, post, building, outside of its own enclosure as provided for in subsection (1) of this section.

c.

In addition to the requirements in subsection (1) of this section, for owners of dangerous animals who maintain their animals out-of-doors, a portion of their property should be fenced with a perimeter of area fence. Within this perimeter fence, the dangerous animal must be humanely confined inside a pen or kennel of adequate size. The pen or kennel may not share common fencing with the area of perimeter fence. The kennel or pen must have secure sides; a secure top attached to all sides; the sides must either be buried two feet into the ground, sunken into a concrete pad, or securely attached to a wire bottom. The gate to the kennel must be locked.

Failure to keep any animal confined or under constraint as provided for in this section shall be unlawful and shall be punishable as hereinafter provided.

(Code 1986, § 9-3-26; Ord. No. 107, 5-9-1983; Ord. of 8-10-1987, § 7)

(a)

It shall be the duty of the owner of any animal or anyone having an animal in his or her possession to keep the animal under restraint and control at all times while the animal is off the real property of the owners, possessor or custodian.

(b)

For the purposes of this section, an animal is deemed under control when:

(1)

It is securely confined with a vehicle, parked or in motion;

(2)

It is properly confined within a secure enclosure with the permission of the owner of the property where the enclosure is located; or

(3)

It is securely restrained by a leash or other devise held by a competent person.

(c)

Additional requirements for precautions to be taken by owners of dangerous animals: Except when being transported in, and securely confined within, a vehicle, no dangerous animal shall be permitted off the property of his or her owner except when it is:

(1)

Attended by his or her owner;

(2)

Is restrained by secure collar and leash (not to exceed six feet in length); both collar and leash to be of sufficient strength to prevent escape; and

(3)

Muzzled by any means sufficient to prevent biting other persons or domestic animals.

(d)

Failure to keep animal under restraint or control as provided for in this section shall be unlawful and shall be punishable as hereinafter provided.

(Code 1986, § 9-3-27; Ord. of 8-10-1987, § 8; Ord. No. 107, 5-9-1993)

It shall be the duty of each dog owner, possessor or custodian thereof, to provide a collar for his or her dog to which the county owner's permit and the rabies inoculation tag shall be attached. The collar, together with the permit and tag, shall be worn by the dog at all times, except as otherwise provided in section 14-63. Failure to comply with this section shall be unlawful and shall be punishable as hereinafter provided.

(Code 1986, § 9-3-28; Ord. No. 107, 5-9-1983)

(a)

Upon information made known to or complaint logged with any officer of the city police department, that any owner, possessor or custodian of any dog or animal is in violation of this article, he or she or his or her authorized representative shall cause a summons to be issued requiring the owner, possessor or custodian of his or her dog or animal to appear before a judge of the municipal court of the city on a day and time certain then and there to stand trial for the violation of this article. If a violation of this article has not been personally witnessed by any officer of the city police department, a subpoena shall be issued to the person making the complaint, to be and appear on the day and time set for trial, then and there to testify on behalf of the city. Any officer of the city police department will refuse to respond to anonymous complaints.

(b)

In the event that the owner, possessor or custodian of any dog or animal is not known and this dog or animal is upon the public streets, alleys, sidewalks, school ground or other public places or premises or the property of another without that property owner's permission as prohibited by this article, upon complaint made to or information made known to the city the animal may be impounded by the DeKalb County animal control after a period of 72 hours.

(Code 1986, § 9-3-29; Ord. No. 107, 5-9-1983; Ord. of 4-9-1984)

All dogs and cats in the incorporated limits of the city shall be inoculated for the prevention of rabies by a licensed veterinarian in accordance with the applicable rabies control ordinance of the county, as amended.

(Code 1986, § 9-3-31; Ord. No. 107, 5-9-1983)

All owners, keepers or harborers of any guard dog or dangerous dog shall display in a prominent place on their premises, and at each entrance or exit to the area where such dog is confined, a sign easily readable by the public using the words "Beware of Dog."

(Code 1986, § 9-3-32; Ord. No. 107, 5-9-1983; Ord. of 8-10-1987, § 10)

It shall be unlawful for anyone to knowingly abandon or abuse any domesticated animal within the city. Each person who knowingly abandons or abuses, or willingly permits such abandonment or abuse, or aids in the abandonment or abuse of any domesticated animal shall be in violation of the law shall be punished as hereinafter provided. Each offense shall be punished with a fine of the maximum amount allowable by law.

(Code 1986, § 9-3-33; Ord. No. 107, 5-9-1983; Ord. of 8-10-1987, § 11)

(a)

Any person owning, keeping, possessing or harboring any dog or cat shall promptly remove and dispose of all feces left by the dog or cat on any public property and on any private property not owned by such person or lawfully occupied by such person.

(b)

Any person violating any provision of this article shall be punished pursuant to section 1-9 for each offense.

(Code 1986, § 9-3-36(a); Ord. of 10-8-1990, § 9-3-36; Ord. No. O018-05, § 9-3-36, 9-12-2005)

(a)

Except as otherwise in conflict with provisions of this article, the city hereby adopts the county animal control code.

(b)

The county will retain all fees collected in accordance with the animal control code.

(Code 1986, § 9-3-37; Ord. No. O001299, § 9-3-37, 8-9-1999)