Title 4, Chapter 8, Section 28
( 4-8-28)
(a) The owner of a dangerous dog who violates the applicable provisions of Code Section 4-8-25 or Code Section 4-8-26 or whose dangerous dog is subject to confiscation under subsection (a) of Code Section 4-8-27 shall be guilty of a misdemeanor of high and aggravated nature. In addition to any confinement that might be imposed for a conviction under this subsection, for the second conviction a fine of not less than $500.00 shall be imposed and for a third or subsequent conviction a fine of not less than $750.00 shall be imposed. (b) The owner of a potentially dangerous dog who violates the applicable provisions of Code Section 4-8-25 or Code Section 4-8-26 or whose potentially dangerous dog is subject to confiscation under subsection (b) of Code Section 4-8-27 shall be guilty of a misdemeanor. In addition to any confinement that might be imposed for a conviction under this subsection, for a second conviction a fine of not less than $150.00 shall be imposed and for a third or subsequent conviction a fine of not less than $300.00 shall be imposed. (c) If an owner who has a previous conviction for a violation of
this article knowingly and willfully fails to comply with the
provisions of this article, such owner shall be guilty of a felony
if the owner's dangerous dog attacks or bites a human being under
circumstances constituting another violation of this article. The
owner of a dangerous dog who is convicted for a violation of this
subsection shall be punished by a fine of not less than $1,000.00
nor more than $5,000.00 or by imprisonment for not less than one nor
more than five years or by both such fine and imprisonment. (d) An owner who knowingly and willfully fails to comply with the
provisions of this article shall be guilty of a felony if the
owner's dangerous dog aggressively attacks and causes severe injury
or death of a human being under circumstances constituting a
violation of this article. The owner of a dangerous dog who is
convicted for a violation of this subsection shall be punished by a
fine of not less than $5,000.00 nor more than $10,000.00 or by
imprisonment for not less than one nor more than ten years or by
both such fine and imprisonment. (e) In addition to the penalties for violations under subsection (c)
or (d) of this Code section, the dangerous dog involved shall be
immediately confiscated by the dog control officer or by a law
enforcement officer or another person authorized by the dog control
officer and placed in quarantine for the proper length of time as
determined by the county board of health, and, thereafter, the
dangerous dog shall be destroyed in an expeditious and humane
manner. (f) No owner of a dangerous dog shall be held criminally liable
under this article for injuries inflicted by said owner's dog to any
human being while on the owner's property. |