§ 6-66. Definitions.

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:

Animal control officer means a City of Cumming Code Enforcement Officer or City of Cumming Police Officer, or any other employee of the City of Cumming duly authorized to pick up, restrain, or impound animals, and who is responsible for discharging such other duties or functions pertaining to animals as may be prescribed by this or any other ordinance, by state law, or by the lawful order of a city official authorized to supervise and direct animal control officers. The foregoing notwithstanding, the enforcement of this article may be the subject of an intergovernmental agreement with Forsyth County, pursuant to which an animal control officer under the definitions in Forsyth County's animal control ordinances shall have jurisdiction and authority to enforce the City of Cumming's animal control ordinances within the City of Cumming.

Animal shelter means any facility operated by or under contract for the State of Georgia or any county, municipal corporation, or other political subdivision of the state for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted dogs; any veterinary hospital or clinic operated by a veterinarian or veterinarians that operates for such purpose in addition to its customary purposes; and any facility operated, owned, or maintained by a duly incorporated humane society, animal welfare society, or other nonprofit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals.

Classified dog means any dog that has been classified as either a dangerous dog or vicious dog pursuant to this article.

Animal control board means the Forsyth County Animal Control Board in the event there is an intergovernmental agreement for the enforcement of animal control between the City of Cumming and Forsyth County, Georgia. Otherwise it shall mean a board consisting of:

(1)

A duly licensed Georgia veterinarian having a practice in the City of Cumming that is nominated and approved by the mayor and council;

(2)

An individual nominated and approved by the mayor and council with the only qualification being that the individual be an adult resident of the City of Cumming; and

(3)

A third appointee that is selected by the following methodology:

(i)

The first and second appointees above shall nominate no less than two and no more than five individuals;

(ii)

Each such nominee shall be an active member of a Forsyth County, Georgia animal rescue organization, and

(iii)

The pool of nominees shall be presented to the mayor and council who shall select one of the nominees as a board member.

Terms shall be set by resolution upon the creation of any such board, and following the expiration of those initial terms, reappointments shall occur and those appointed shall serve two-year terms. During the term of service, an appointee may be removed by the mayor and council with or without cause.

Dangerous dog means any dog that:

(1)

Causes a substantial puncture of a person's skin by teeth without causing serious injury; provided, however, that a nip, scratch, or abrasion shall not be sufficient to classify a dog as dangerous under this subparagraph;

(2)

Aggressively attacks in a manner that causes a person to reasonably believe that the dog posed an imminent threat of serious injury to such person or another person although no such injury occurs; provided, however, that the acts of barking, growling, or showing of teeth by a dog shall not be sufficient to classify a dog as dangerous under this subparagraph; or

(3)

While off the owner's property, kills a pet animal; provided, however, that this subparagraph shall not apply where the death of such pet animal is caused by a dog that is working or training as a hunting dog, herding dog, or predator control dog.

Mail means to send by certified mail or statutory overnight delivery to the recipient's last known address.

Owner means any natural person or any legal entity, including, but not limited to, a corporation, partnership, firm, or trust, owning, possessing, harboring, keeping or having custody or control of a dog within the county. In the case of a dog owned by a minor, the term "owner" includes the parents or person in loco parentis with custody of the minor.

Proper enclosure means an enclosure on the owner's property for keeping a dangerous dog or vicious dog in a locked pen, fence, or structure suitable to prevent the entry of young children and designed to prevent the dog from escaping. Any such pen or structure shall have secure sides and, in the case of a vicious dog, a secure top, and if the dog is enclosed within a fence, all sides of the fence shall be of sufficient height and the bottom of the fence shall be constructed or secured in such a manner as to prevent the dog's escape either from over or from under the fence. Any such enclosure shall also provide protection from the elements for the dog.

Serious injury means any physical injury that creates a substantial risk of death; results in death, broken or dislocated bones, lacerations requiring sutures, or disfiguring avulsions; requires plastic surgery or admission to a hospital; or results in protracted impairment of health, including transmission of an infection or contagious disease, or impairment of the function of any bodily organ.

Vicious dog means a dog that inflicts serious injury on a person or causes serious injury to a person resulting from reasonable attempts to escape from the dog's attack.

( Ord. of 10-6-2018, § 2(Exh. B) )