Dangerous Dogs

dogs

There are many dogs in our county.  Currently, Banks County does not have an intake facility nor Animal Control office. Unfortunately, we do not have resources to handle any calls for stray dogs.  Below defines what is a dangerous dog, process if a dog is classified as dangerous.  Links have been provided to ensure you are able to read the ordinances and laws which apply.

A dangerous dog means any dog that:

  • It causes a substantial puncture of a person's skin by teeth without causing serious injury; provided, however, that a nip, scratch or abrasion shall not be sufficient to classify a dog as dangerous.
  • aggressively attacks in a manner that causes a person to reasonably believe that the dog posed an imminent threat of serious injury to such person or another person although no such injury occurs;  provided, however, that the acts of barking, growling, or showing of teeth by a dog shall not be sufficient to classify a dog as dangerous
  • while off the owner's property, kills an animal; provided, however that this subparagraph shall not apply where the death of such animal is caused by a dog that is working or training as a hunting dog, herding dog or predator control dog

Once a dog is classified as dangerous:

Dogs which meet the criteria of a dangerous dog, it should be reported to Code Enforcement.  When a Code Enforcement Officer determines that a dog is subject to classification as a dangerous dog or vicious dog, the Code Enforcement Officer shall mail a dated notice to the dog's owner within 72 hours.  Such notice shall include a summary of the Code Enforcement Officer's determination and shall state that the owner has a right to request a hearing from the authority on the Code Enforcement Officer's determination within 15 days after the date shown on the notice.  

The notice shall also provide a form for requesting the hearing and shall state  that if a hearing is not requested within the allotted time, the Code Enforcement Officer's determination shall become effective for all purposes under this article.

Once a Hearing Is Requested:

When a hearing is requested by a dog owner in accordance with subsection of this Code section, such hearing shall be scheduled  within 30 days after the request is received; provided, however, that such hearing may be continued by the authority for good cause show.   At least ten days prior to the hearing the authority conducting the hearing shall mail to the dog owner written notice of the date, time and place of the hearing. 

At the hearing, the dog owner shall be given the opportunity to testify and present evidence and the authority conducting the hearing shall receive other evidence and testimony as may be  reasonably necessary to sustain, modify or overrule the dog control officer's determination.  

Within ten days after the hearing, the authority which conducted the hearing shall mail written notice to the dog owner of its determination on the matter.  If such determination is that the dog is a dangerous dog or a vicious dog, the notice of classification shall specify the date upon which that determination shall be effective.