GA Code § 4-8-29 (2021)
2021 Georgia Code|Title 4 - Animals|Chapter 8 - Dogs|Article 2 - Responsible Dog Ownership|§ 4-8-29. Limitations on Dog's Presence Off of Owner's Premises; Penalty for Violation; Defense

  It shall be unlawful for an owner of a dangerous dog to permit the dog to be off the owner's property unless:   The dog is restrained by a leash not to exceed six feet in length and is under the immediate physical control of a person capable of preventing the dog from engaging any other human or animal when necessary;   The dog is contained in a closed and locked cage or crate; or   The dog is working or training as a hunting dog, herding dog, or predator control dog.     It shall be unlawful for an owner of a vicious dog to permit the dog to be:   Outside an enclosure designed to securely confine the vicious dog while on the owner's property or outside a securely locked and enclosed pen, fence, or structure suitable to prevent the vicious dog from leaving such property unless:   The dog is muzzled and restrained by a leash not to exceed six feet in length and is under the immediate physical control of a person capable of preventing the dog from engaging any other human or animal when necessary; or   The dog is contained in a closed and locked cage or crate; or     Unattended with minors.     A person who violates subsection (b) of this Code section shall be guilty of a misdemeanor of high and aggravated nature.   An owner with a previous conviction for a violation of this article whose classified dog causes serious injury to a human being under circumstances constituting another violation of this article shall be guilty of a felony and upon conviction thereof shall be punished by imprisonment for not less than one nor more than ten years, a fine of not less than $5,000.00 nor more than $10,000.00, or both. In addition, the classified dog shall be euthanized at the cost of the owner.   Any irregularity in classification proceedings shall not be a defense to any prosecution under this article so long as the owner of the dog received actual notice of the classification and did not pursue a civil remedy for the correction of the irregularity.     (Code 1981, §4-8-29, enacted by Ga. L. 2012, p. 1290, § 4/HB 685.)   Cross references.   - Liability of owner or keeper of vicious or dangerous animal for injuries caused by animal, § 51-2-7.   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2012, "or" was deleted at the end of paragraph (a)(1) and "; or" was substituted for a period at the end of paragraph (a)(2).   Law reviews.   - For article on the 2012 enactment of this Code section, see 29 Ga. St. U.L. Rev. 180 (2012).   JUDICIAL DECISIONS   Editor's notes.   - In light of the similarity of the provisions, decisions under former O.C.G.A. § 4-8-30 are included in the annotations for this Code section.   Absolute liability not imposed.    - This Code section does not impose absolute liability on the owner of a dog who has bitten before, but means that if any person is liable for such bite, it is the owner, and not a government official. Griffiths v. Schafer, 223 Ga. App. 560, 478 S.E.2d 625 (1996) (decided under former O.C.G.A. § 4-8-30).   OPINIONS OF THE ATTORNEY GENERAL   Fingerprinting required.    - Misdemeanor offenses arising under O.C.G.A. § 4-8-29 are offenses for which those charged are to be fingerprinted. 2012 Op. Att'y Gen. No. 12-6.