G.D.A. Companion Animal/Equine Program A Proactive approach to Animal Issues

1. G.D.A. Companion Animal/Equine ProgramA Proactive approach to Animal Issues Georgia Association of Chiefs of Police Webinar March 5, 2019

2. Who We Are • Regulatory agency tasked with protecting Georgia’s agricultural interests through promotion, administration, and enforcement of state laws and regulations. • Animal Industry • Plant Industry • Food Safety • Fuels and Measures • Agricultural Marketing

3. Animal Industry Division • Companion Animal and Equine Section • Livestock/Poultry Section • Meat Inspection Section • Animal Health Section

4. Companion Animal and Equine Section • Primarily responsible for administering and regulating under the Georgia’s Animal Protection Act and Humane Care for Equines Act. • Also administers the Dog and Cat Reproductive Sterilization Support program and monitors compliance relating to the required sterilization of dogs and cats in shelters

5. Field Force • 14 Field inspectors • 3 Supervisors • 3 Equine Specialists • Mansfield Barn Manager and employees

6. Animal Protection Act O.C.G.A. § 4-11-1 et seq. • Authorizes GDA to license any person who produces, sells, boards, trains, grooms, offers for adoption, or exchanges pet animals. • Authorizes GDA to promulgate rules and regulations for standards of care for pet animals held by licensees. • Authorizes GDA to enter upon any public or private property at any time to determine if such facility is licensed and to enforce the Act and Rules. • When there is probable cause to believe that a violation of the Act or Rules has occurred, GDA may apply for an inspection warrant under the provisions of Code Section 2-2-11. • Requirements of the Act and Rules are NOT applicable to personal pets.

7. Who must be licensed under the Georgia Animal Protection Act?

8. Pet Dealers and Breeders • Anyone selling more than one litter of puppies or 30 adult dogs (that they have raised and produced) in any 12 month period

9. Bird Dealers • Anyone dealing in, purchasing, breeding, or offering for sale any exotic birds, pet birds, or birds customarily kept as pets

10. Kennels • Anyone who boards, trains, or provides an animal related service for a fee or compensation • Dog trainers, boarding kennels, doggie daycares, grooming shops, etc.

11. Animal Shelters • Any facility operated by or under contract for the state, a county, a municipal corporation, or any other political subdivision of the state for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted dogs, cats, and other animals; • Any veterinary hospital or clinic operated by a veterinarian or veterinarians which 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.

12. Animal Shelters (Cont.) • A license is required for county and municipal animal shelters as well as incorporated animal rescue organizations, such as humane societies. • Some counties/municipalities do not have an animal shelter or animal control officer but contract with licensed rescue organizations or other municipalities to perform animal control services.

13. Animal Rescues • Must be registered as a non-profit organization with the Georgia Secretary of State prior to obtaining an animal shelter license. • DO NOThave authority to pick up animals unless they have contracted with a county or municipality to act as animal control under the city or county ordinances.

14. How do Rescues Operate? • Receive animals from owners that relinquish their pets or by transfer from a licensed Animal Shelter. • Some have a physical location where all of the animals are kept, some are exclusively foster based, and some are a combination.

15. Foster Homes • Are considered an extension of a license animal shelter and must have a written contract with a licensed shelter. • The animal shelter is responsible for their foster homes’ compliance with the Animal Protection Act and Rules • Must be inspected twice annually by the shelter agent. • GDA may set a number limit for animals housed at a foster home. • Foster homes must also comply with local ordinances.

16. Animal Protection Rules and Regulations (Ga. Comp. R. & Regs. r. 40-13-13 et seq.) • Define necessary terminology; • Establish licensing fees; • Set forth premise requirements and performance standards for licensed establishments; • Describe requirements for interstate shipment of animals as well as licensing exemptions; and • Describe compliance standards for euthanasia.

17. Premise Requirements and Performance Standards • Housekeeping: Premises (buildings and grounds) must be kept clean and in a state of repair that prevents injury or disease. Premises must remain free of accumulations of trash, weeds, debris, and other vermin harborage areas. • Humane care: Animals must be provided with humane care at all times. • Pest control: An effective program for the prevention, control, and elimination of vermin, insects, ectoparasites, and avian and mammalian pests must be established and maintained.

18. Premise Requirements and Performance Standards (Cont.) • Sanitation: Primary enclosures for pets must be cleaned at a frequency that provides a healthy and hygienic environment and prevents disease hazards. • Space: Primary enclosures must provide sufficient space to allow each animal to turn about freely and to easily stand, sit, lie, perch, swim, etc. in a comfortable and normal position. • Shelter from elements: Pets maintained in outdoor housing establishments must be provided with access to suitable shelter to remain dry during rain or snow and to protect them from wind and excessive heat or cold. Sufficient and clean bedding material or other reasonable means of protection from the weather elements must be provided.

19. Premise Requirements and Performance Standards (Cont.) • Structural Strength: Housing must be in good repair, and enclosures must be strong, secure, and safe. Enclosures with grated or mesh bottoms housing dogs and cats must contain a suitable resting surface. Vertically stacked enclosures must have receptacles to contain excreta between cages and must be able to prevent cross contamination of food, water, urine, excreta, and cleaning agents. • Tethering: Tethering animals for over 24 consecutive hours as a means of a primary enclosure is prohibited.

20. Record Keeping • Licensed facilities must maintain complete, accurate, and up-to-date records reflecting all acquisitions, purchases, sales, releases, natural additions, exchanges, adoptions, and custodial care. • Must also maintain health records of all animals. • Records must be maintained for a period of twelve months and must be made available to GDA upon request.

21. Unlawful Acts • Any person acting as a pet dealer or operating a kennel, stable, or animal shelter without a valid license issued by GDA is guilty of a misdemeanor. (O.C.G.A. § 4-11-3(a)). • Any person who refuses to allow an inspection pursuant to an inspection warrant is guilty of a misdemeanor. (O.C.G.A. § 2-2-11(5)). • Except as otherwise provided in Code Section 16-12-4 or 16-12-37, any person violating the Act or Rules is guilty of a misdemeanor, and each violation constitutes a separate offense. (O.C.G.A. § 4-11-16).

22. Unlawful Acts (Cont.) • Examples: • Failing to prominently display the license (O.C.G.A. § 4-11-4). • Committing animal cruelty (O.C.G.A. § 4-11-10(1)); • Failing to keep a facility in a good state of repair, clean and sanitary, adequately ventilated, or disinfected when needed (O.C.G.A. § 4-11-10(2)); • Failing to provide humane care for any animal (O.C.G.A. § 4-11-10(3)); or • Failing to take reasonable care to release only those animals that appear to be free of disease, injuries, or abnormalities (O.C.G.A. § 4-11-10(4)) . • Failing to comply with premise requirements and performance standards set forth in Ga. Comp. R. & Regs. r. 40-13-13 et seq.

23. A Note on Quarantines • GDA is authorized and required to quarantine an animal, premises, or area when it determines that the same is infected with a contagious or infectious disease, that the unsanitary condition of such place or places might cause the spread of such disease, that the animal has or has been exposed to any contagious or infectious disease, or that the owner or occupant of such place or places is not observing sanitary practices prescribed under the authority of the Animal Protection Act or any other law of this state. • Pursuant to O.C.G.A. 4-11-9.1(c), it is unlawful for any person to sell, use, or move any animal in violation of any quarantine.

24. A Note on Stop Orders • GDA is authorized to issue and enforce written or printed stop sale, stop use, or stop movement orders to the owners or custodians of any animals, ordering them to hold such animals at a designated place, when the Commissioner or his duly authorized representative finds such animals: • To be infected with or to have been exposed to any contagious or infectious disease; • To be held by a person who is required to be licensed under this article and whose license has expired; • To be held by a person who is required to be licensed under this article and who has failed to obtain a license within ten days of the date on which written notice of need to obtain a license was given. • Pursuant to O.C.G.A. 4-11-9.1(c), it is unlawful for any person to sell, use, or move any animal in violation of any stop sale, stop use, or stop removal order.

25. Humane Care for Equines ActO.C.G.A. § 4-11-1 et seq. • Sets minimum standards of care for all Georgia equine. • It is unlawful for the owner or custodian of any equine: • (1)  To commit an act of animal cruelty; • (2)  To fail to provide adequate food and water; • (3)  To fail to provide humane care; or • (4)  To unnecessarily overload, overdrive, torment, or beat any equine or to cause the death of any equine in a cruel or inhumane manner. • Except as otherwise provided in Code Section 16-12-4 or 16-12-37, any person violating the Act is guilty of a misdemeanor. (O.C.G.A. § 4-13-10)

26. Proactive Measures • What can you do as a County or Municipality to better address your animal issues?

27. Proactive Measures • Know your Authority • Pre-Identify Animal Issues • Work with Local officials to put proactive measures in place • Prosecute misdemeanor animal crimes before they become a larger problem

28. Know your Authority • Know your Authority and responsibilities under State and Local Law. “We don’t do that” may not be accurate.

29. Pre-identify Animal Issues • Contact and meet with your GDA field Inspector to assess the State licensed establishments in your communities. Review ongoing issues. • Search websites and social media to learn more about animal activities in your area. • Take a closer look into ongoing local issues.

30. Work with local govt. officials • Meet with your local government officials to assess the needs in your communities. Discuss limitations and options. Invite your GDA inspector. • Pre-identify resources that can be used to house animals in the event of a large criminal case or in the event of a natural disaster • Discuss your issues with other Local Governments that appear to be “doing something right”.

31. What Options to you have? Post certify Animal Control officers and place them under the authority of the applicable Law enforcement agency. Consider common sense ordinances that fit the needs of your community.* Acreage requirements for equines and/or companion animals* Stray ordinances* Spay/Neuter requirements* Limitations on the number of animal that a person can possess* Local licensing/registration requirements* Create local ordinances that establish animal care standards (housing, sanitary conditions, tethering, etc.)

32. Local Ordinances • The Animal Protection Act does not prohibit municipal or county governing authorities from enacting and enforcing local ordinances that are not in conflict with the Act

33. Nip it in the bud! • Re-visit and assess ongoing animal cases in your community (hoarding situations, repeat complaints, etc.) They aren’t going away! • When you think an issue has risen to the level that it may be considered to be Animal Cruelty do not hesitate with prosecution. • Handle Animal issues locally and quickly. Cases with a large number of animals can go down hill fast!

34. Pending issues

35. Pending issues

36. Our Limitations • G.D.A. is not authorized to investigate or enforce situations relating to: • Animals “Running at Large” O.C.G.A. 4-3-4 • Personal pets living in unsanitary conditions • Accumulation of multiple animals when no licensable activity is suspected or occurring • Tethering personal dogs • Animal cruelty • “Home Rule” in Georgia counties and municipalities • Animal Control and/or local law enforcement have authority to carry out laws relating to these issues.

37. Why is cooperation and coordination between GDA and local authorities necessary to protect Georgia’s companion animals and equine?

38. Answer: • While violations of the Animal Protection Act and Humane Care for Equines Act are misdemeanor criminal offenses, the GDA has no criminal prosecution authority under the ACTs. • Limited to seeking monetary penalties of up to $1,000 per violation, taking action on licenses, and pursuing injunctive relief. • O.C.G.A. 4-11-9.2(b) explicitly authorizes any sheriff, deputy sheriff, or other peace officer to enforce the provisions of the Animal Protection Act and Code Sections 16-12-4 and 16-12-37.

39. Benefits to Criminal Prosecution • The benefits of prosecution for animal cases are numerous for local jurisdictions. • Faster resolution of cases; • Courts can impose sanctions and set conditions with real consequences; and • Fewer incidences of reoccurring violations.

40. Benefits to Criminal Prosecution • Criminal charges bring animal related issues into the local courtroom where they may receive local media coverage. This provides an opportunity to educate citizens and authorities alike and may also open dialogs on how to prevent future incidences from occurring.

41. Benefits to Criminal Prosecution • The monitoring of offenders is much more efficiently done by the local law enforcement, which has a constant presence in their respective communities and are familiar with citizens and their circumstances.

42. Where does GDA come in and how can we help? • Inspectors are subject matter experts in the fields of Companion Animals and Equine. • They are familiar with the applicable laws and procedures and are available to assist in investigations. • Inspectors may already have a documented case history on licensed establishments or equines cases.

43. Where does G.D.A. come in and how can we help? • Inspectors can provide knowledgeable and professional testimony in court. • Inspectors are familiar with licensed establishments that could possibly assist.

44. A Note on House Bill 956 (2018) • Passed during 2018 legislative session and amended O.C.G.A § 4-1-7. • Requires law enforcement to consult with a licensed and accredited Category II veterinarian employed by GDA or another agency of the State of Georgia prior to pursuing animal cruelty charges against food animals. • “Food animal” includes, but is not limited to, eggs, beef or dairy cattle, swine, sheep, goats, poultry, and non-ornamental fish.

45. HB 956 (Cont.) • Veterinarian’s role is to confirm if conduct involving animal husbandry of food animals is in accordance with customary and standard practices. • GDA veterinarians will provide a phone consultation • Benefits: Veterinary expertise on food animal husbandry practices in Georgia. • Drawbacks: No humane care provisions for food animals, and GDA is not authorized to determine if animal cruelty has occurred .

46. One Request… Please!! Collaborate with a local animal shelter, animal rescue, or veterinary association and participate in the Dog and Cat Sterilization Program!!!

47. Contact Us Georgia Department of Agriculture 19 Martin Luther King Jr. Drive, S.W. Atlanta, Georgia 30334 Website: http://agr.georgia.gov Companion Animal and Equine Section: 404-656-4914 Mark.Murrah@agr.georgia.govState Veterinarian: 404-656-3671 Animal Health Section: 404-656-3667 Livestock Poultry Section: 404-656-3665