Clayton County, Georgia

Sec. 14-118. – Breeding of dogs and cats, permit required.

(a) The board of commissioners deems it in the best interest of the county to encourage pet owners to spay and neuter their pets to control the production of unwanted animals, to encourage the adoption of available animals from the county’s kennel and to promote the health and wellbeing of our citizens and their pets.

(b) It is unlawful and a violation of this section for a pet owner to allow by omission or commission their pet dog or cat to become pregnant without first securing a breeding permit from the county’s animal control unit.

(c) The animal control unit shall issue a breeding permit at the request of the pet owner. The first permit issued in a calendar year to the owner or for a particular animal shall cost $25.00. A second permit issued in a calendar year to the owner or for a particular animal shall cost $50.00. A third permit issued in a calendar year shall cost $100.00 and be prima facie proof that the requester is operating as a professional breeder and will require a county business license and a professional breeder permit issued by the county’s animal control unit.

(d) The breeding permit shall name the owner, owners address, name of the female pet and the female pet’s registration number and female and male pets breed. The breeding permit will authorize the pet owner to exceed the five pet maximum for no more than four months after the birth of the litter. The permit shall expire six months after the date of issue.

(e) A professional breeder permit shall be issued to any person who has obtained a county business license to operate as an animal breeder. The annual permit fee shall be $100.00. The professional breeder must obtain a kennel license from the animal control.

(f) The pet owner must comply with all state laws regulating animal breeding.

(g) Other than an animal establishment, humane society, commercial kennel, animal shelter, or animal breeder licensed by the county or state, it shall be unlawful for any person or entity to have for sale within this county any dog, puppy, cat or kitten without having first obtained a breeding permit from the animal control unit.

Sec. 14-253. – Reclaiming impounded animals.

(b) Fees for reclaiming impounded animals shall be as follows:

[…]

(3) Additional fee for dogs that have not been spayed or neutered. In addition to the above reclaiming fee, the owner of a dog that has not been spayed or neutered shall pay an additional fee of $100.00 to reclaim the dog.

[…]

(d) The commanding officer of the animal shelter is authorized to waive up to $100.00 of these fees conditioned upon the pet owner having the pet spayed or neutered. The pet owner must agree to sign an affidavit and provide proof of completion of the spay/neutering within ten days of reclaiming the pet. Failure to provide the required proof is a violation of this section and shall be punished as provided for in section 1-12 of this Code.

Sec. 14-254. – Adoption.

(b) The animal control unit may develop rules for the adoption of animals that will encourage spay or neutering of pets, vaccination against rabies and examination by a veterinarian and such other rules for the protection of the public and the safe operation of unit.

(c) The animal control unit is authorized to waive a portion of any adoption fees to off set the cost of spay/neutering and vaccination upon satisfactory evidence of completion of the same.

(d) Generally, an adoption fee up to $100.00 may be charged for the adoption of any animal. Provided however; all but $20.00 of this fee may be reduced by the animal control unit to off set the actual costs of spay/neutering and vaccination authorized by this section.

ARTICLE XII. – STERILIZATION OF DOGS AND CATS

Sec. 14-300. – Purpose.

The county board of commissioners finds that the breeding of dogs and cats acquired by the public from the county animal control shelter and private animal shelters and humane societies within the county results in the birth of hundreds of animals who become strays, suffer privation and death, constitute a public nuisance and health hazard, and ultimately are impounded and destroyed by the county at great public expense. It is therefore declared to be the policy of the county that preventing the breeding of dogs and cats acquired from such shelters and humane societies be encouraged.

Sec. 14-302. – Regulations.

(a) Any public or private animal shelter, animal control agency operated by the state, county or a municipality, humane society, or public or private animal refuge shall make provisions for the sterilization of all dogs or cats acquired from such shelter, agency, society, or refuge by:

(1) Providing sterilization by a licensed veterinarian before relinquishing custody of the animal.

(2) Entering into a written agreement with the person acquiring such animal guaranteeing that sterilization will be performed by a licensed veterinarian within 30 days after acquisition of such animal in the case of an adult animal or within 30 days of the sexual maturity of the animal in the case of an immature animal; provided, however, that the requirements of the Code section shall not apply to any privately owned animal which any shelter, agency, society, or refuge may have in its possession for any reason if the owner of such animal claims or presents evidence that such animal is the property of such person.

(b)       (1) All costs of sterilization pursuant to this section shall be the responsibility of the person acquiring such animal and, if performed prior to acquisition, may be included in any fees charged by the shelter, agency, society, or refuge for such animal.

(2) A sterilization bond shall be paid by the adopting person at the time of adoption. The amount of the sterilization bond shall be determined by the chief, county police department, or his or her designee; it shall not exceed the amount of the highest cost of sterilization charged by veterinarians participating in the sterilization bond program.

(3) The sterilization bond is redeemed by the licensed veterinarian who performs the sterilization and completes the written statement attesting the same, who should be a licensed veterinarian who has agreed previously to participate in the sterilization bond program.

(4) The adopting person may redeem the sterilization bond upon presentation of satisfactory proof of sterilization, in a manner acceptable to the county animal control unit commander. The remaining cost of sterilization, if any, shall be the sole responsibility of the adopting person.

(5) The sterilization bond will have a fixed expiration date, determined by the due date of the sterilization; however, such expiration date and due date may be extended in accordance with the provisions of section 302, subsection (i) below. Upon the expiration of the sterilization bond, the sterilization bond shall be forfeited to the Clayton County animal control unit.

(c) Any person acquiring an animal from a public or private animal shelter, animal control agency operated by the state, county or a municipality, humane society, or public or private animal refuge, which animal is not sterile at the time of acquisition, shall submit to the animal shelter, animal control agency, humane society, or public or private animal refuge a signed statement from the licensed veterinarian performing the sterilization required by this section within seven days after such sterilization attesting that such sterilization has been performed.

(d) Every public or private animal shelter, animal control agency operated by the state, county or a municipality, humane society, or public or private animal refuge selling or offering for sale or exchange any dog or cat shall maintain and furnish to any person acquiring an animal from such shelter, agency, society, or refuge a current list of veterinarians licensed in this state who have notified the shelter, agency, society, or refuge that they are willing to perform sterilizations and the cost for such procedures.

(e) In the event of the death of an adopted cat or dog before the due date of the sterilization, the adopting person shall establish the death of said cat or dog: (i) by filing with the county animal control unit an affidavit attesting to the fact the animal has died; or (ii) by leaving the body of the dog or cat with personnel of the county animal control unit for verification of death; or (iii) by providing to personnel of the county animal control unit a statement from a licensed veterinarian attesting to the death of the animal. The proof of death of the cat or dog must be provided to the county animal control unit before the due date of sterilization. If the adopting person does not provide such proof within the period specified, he or she may be charged for failure to sterilize under this section.

(f) In the event that the adopted dog or cat is stolen, the adopting person shall file a police report with the appropriate jurisdiction, stating the circumstances of the theft and a description of the animal in as much detail as possible. The police report shall be presented to county animal control before the due date of the sterilization to relieve the adopting person of the sterilization requirement.

(g) In the event that the adopted dog or cat runs away, or is lost or is given away by the adopting person, the adopting person shall not be relieved from the sterilization requirement. However, upon disposition of a case where this subsection is applicable, the adopting person shall be relieved of future responsibility as to that dog or cat.

(h) If the dog or cat is unable to be sterilized due to a medical condition or other reason which would affect the dog’s or cat’s well-being, the adopting person shall provide a written statement from a licensed veterinarian attesting to the condition preventing the animal’s sterilization. If such written statement is not in the possession of the county animal control unit on or before the due date for sterilization, it shall constitute the offense of failure to sterilize against the adopting person.

(i) It shall be the sole responsibility of the adopting person to provide proof of sterilization, on or before the due date of sterilization, to the county animal control unit. In the event of a dispute as to the due date of sterilization, a licensed veterinarian shall determine the due date of sterilization; said determination shall be in writing and in the possession of the county animal control unit on or before the previous due date of sterilization. If such proof or such determination is not in the possession of the county animal control unit on or before the due date for sterilization, it shall constitute the offense of failure to sterilize against the adopting person.

Sec. 14-303. – Penalty for violation.

Any person who violates any provision of this chapter [article] shall be guilty of a misdemeanor and punished as provided in section 1-12 of this Code. Each and every violation of the provisions of this chapter [article] shall constitute a separate offense.