§ 5-168. Confiscation of dogs; disposition.

(a)

A dangerous dog shall be immediately confiscated by the animal control officer or by a law enforcement officer or by another person authorized by the City of Fitzgerald or animal control officer if the:

(1)

Owner of the dog does not secure liability or bond required by O.C.G.A. § 4-8-25(c);

(2)

Dog is not validly registered as required by this article;

(3)

Dog is not maintained in a proper enclosure as defined herein; or

(4)

Dog is outside a proper enclosure in violation of O.C.G.A. § 4-8-26(a).

(b)

A potentially dangerous dog shall be confiscated in the same manner as a dangerous dog if the dog is:

(1)

Not validly registered as required by this article and O.C.G.A. § 4-8-25;

(2)

Not maintained in a proper enclosure as defined herein; or

(3)

Outside a proper enclosure in violation of O.C.G.A. § 4-8-25(b).

(c)

Any dog that has been confiscated under the provisions of this section shall be returned to its owner upon the owner's compliance with the provisions of this article and O.C.G.A. § 4-8-20 et seq., and upon the payment of the cost of confiscation. In the event the owner has not complied with the provisions of this section within twenty (20) days of the date the dog is confiscated, said dog shall be destroyed in an expeditious and humane manner.

(Ord. No. 02-1303, 9-9-02)