GA Dept. Ag. can’t enforce, but Lowndes County can

One reason LAKE permits anonymous posts is that occasionally some useful information like this comes in that way; received yesterday on Graphic horse case. -jsq
Ga. Ag Equine Division is authorized to impound animals if animal cruelty is suspected.

However, if you take the time to read the state law (Ga. Code Section), you’ll see that local animal control and law enforcement are also authorized to impound horses/equine.

Counties need to understand that Ag is REGULATORY – they are NOT a criminal office. They cannot legally conduct a criminal investigation, nor file criminal charges. Criminal investigations, and charges, have to be handled by local law enforcement.

The below excerpt is from “The Ga. Animal Protection Act” – which is – a state law. .

4-11-9.2. Inspection warrant; impounding of animals

(a) At any time there is probable cause to believe that a violation of this article or any rule or regulation adopted pursuant to this article has occurred, the Commissioner, his or her designated agent, or an animal control officer who is an employee of state or local government may apply to the appropriate court in the county in which the animal is located for an inspection warrant under the provisions of Code Section 2-2-11.

(b) Any sheriff, deputy sheriff, or other peace officer shall have the authority to enforce the provisions of this article and Code Sections 16-12-4 and 16-12-37.

(c) The Commissioner, his or her designated agent, an animal control officer who is an employee of state or local government, or any sheriff, deputy sheriff, or other peace officer is authorized to impound any animal:

(1) That has not received humane care;

(2) That has been subjected to cruelty in violation of Code Section 16-12-4;

(3) That is used or intended for use in any violation of Code Section 16-12- 37; or

(4) If it is determined that a consent order or other order concerning the treatment of animals issued pursuant to this article is being violated.

(d) Prior to an animal being impounded pursuant to paragraph (1), (2), or (3) of subsection (c) of this Code section, a licensed accredited veterinarian approved by the Commissioner or a veterinarian employed by a state or federal government and approved by the Commissioner, shall, at the request of the Commissioner, his or her designee, an animal control officer, a sheriff, a deputy sheriff, or other peace officer, examine and determine the condition or treatment of the animal.

-An Outsider Looking In

Here is a link to the Georgia Animal Protection provisions of the Georgia Code.

-jsq

One thought on “GA Dept. Ag. can’t enforce, but Lowndes County can”

  1. An Outsider Looking In

    Thank you, jsq, for posting that information for your readers.
    Also – just another fyi – Ag Animal Protection, in the past (past and recent past), has “managed” to convince umpteen local county “authorities” to turn their criminal investigation over to their office to handle. And the shocker – most of them will comply. A few counties have not fallen victim to this – and I commend those counties for knowing the law – and knowing that Ag Animal Protection is just a state regulatory office – they license and inspect. Sort of like a state meat inspector.
    Let’s say a deranged person got loose in Publix, and went to the meat department and started injecting something in all of the packages in the meat cooler.
    Would you call the Ag meat inspector to handle this incident?
    Of course you wouldn’t – you would call the local law enforcement.
    Same thing with animal neglect or cruelty – you don’t call a ‘regulatory” office to handle – nor do you turn a criminal investigation over to a “regulatory” office – no matter if Ag AP asks you to turn it over to them.
    And they are infamous for doing just that – it’s my opinion, based on a long history of this kind of behavior, that they count on the public/law enforcment/media to not know who is authorized to handle what situation.
    Knowledge IS power – and if law enforcement is going to put on a badge, take an oath and enforce the laws of this state, they should take the time to become familiar with the animal laws of Georgia – because, sadly, animal cruelty isn’t going away.
    Yes, Ag AP is authorized to regulate housed animals in Georgia, but they are not authorized to take jurisdiction “over” the local law enforcement involving crimimal allegations or criminal investigations.
    http://rattlinggeorgiascages.wordpress.com/whoseinchargeofwhat/

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