Georgia § 4-8-29 - Limitations on dog's presence off of owner's premises; penalty for violation; defense.

§ 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).