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04 LC 25 3562S
The House Committee on Agriculture & Consumer Affairs offers the following
substitute to HB 1429:
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Chapter 1 of Title 41 of the Official Code of
Georgia Annotated, relating to general provisions relative to nuisances, so as
to preclude any companion animal establishment from being or becoming a nuisance
solely as a result of changed conditions in or around the locality of the
establishment; to provide for immunity from civil or criminal actions relating
to noise from a companion animal establishment under certain conditions; to
exempt certain conduct from changes in certain ordinances, rules, or
regulations; to provide an effective date; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Chapter 1 of Title 41 of the Official Code of Georgia
Annotated, relating to general provisions relative to nuisances, is amended by
adding a new Code section to read as
follows:
"41-1-10.
(a) As used in this Code section, the term:
(1) 'Animal shelter' means 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 companion 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 companion animals.
(2) 'Breeder facility' means the animal facility of any person who sells only companion animals that he or she has produced and raised, not to exceed 30 animals per year.
(3) 'Changed conditions' means any one or more of the following:
(A) Any change in the use of land in the area of a companion animal establishment;
(B) An increase in the magnitude of an existing use of land in or around the locality of a companion animal establishment and includes, but is not limited to, urban sprawl into an area in or around the locality of a companion animal establishment, or an increase in the number of persons making any such use or an increase in the frequency of such use; or
(C) The construction or location of improvements on land in or around the locality of a companion animal establishment closer to a companion animal establishment than those improvements located on such land at the time of commencement of the operation of the companion animal establishment at issue.
(4) 'Companion animal' means any animal that is commonly kept by persons as a pet or for companionship. Such term includes but is not limited to domesticated dogs, domesticated cats, ferrets, gerbils, guinea pigs, hamsters, equines, mice, rabbits, and rats.
(5) 'Companion animal establishment' means any animal shelter, stable, breeder facility, kennel, or pet dealer facility; provided, however, that such term shall not include any facility that is required to be licensed by the Department of Agriculture but which is not so licensed.
(6) 'Kennel' means any facility, other than an animal shelter, where dogs or cats are maintained for boarding, holding, training, or similar purposes for a fee or other compensation.
(7) 'Pet dealer facility' means an animal facility of any person who is not an animal breeder and who sells, offers to sell, exchanges, or offers for adoption companion animals.
(8) 'Stable' means any building, structure, pasture, or other enclosure where equines are maintained for boarding, holding, training, breeding, riding, pulling vehicles, or other similar purposes and a fee is charged for maintaining such equines or for the use of such equines.
(9) 'Unit of government' means any county, municipality, or other political subdivision or any department, agency, or authority thereof.
(b) No companion animal establishment shall be or shall become a nuisance, either public or private, solely as a result of changed conditions in or around the locality of such companion animal establishment since the date on which it commenced operation. Subsequent physical expansion, increased capacity, or expansion of scope to serve additional species of animals of the companion animal establishment shall not establish a new date of commencement of operations for purposes of this Code section.
(c) No companion animal establishment or unit of government or person owning, operating, or using a companion animal establishment shall be subject to any action for civil or criminal liability, damages, abatement, or injunctive relief resulting from or relating to noise generated by the operation of the companion animal establishment if the companion animal establishment remains in compliance with noise control or nuisance abatement rules, regulations, statutes, or ordinances applicable to the companion animal establishment on the date on which it commenced operation.
(d) No rules, regulations, statutes, or ordinances relating to noise control, noise pollution, or noise abatement adopted or enacted by a unit of government shall be applied retroactively to prohibit conduct at a companion animal establishment, which conduct was lawful and being engaged in prior to the adoption or enactment of such rules, regulations, statutes, or ordinances."
"41-1-10.
(a) As used in this Code section, the term:
(1) 'Animal shelter' means 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 companion 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 companion animals.
(2) 'Breeder facility' means the animal facility of any person who sells only companion animals that he or she has produced and raised, not to exceed 30 animals per year.
(3) 'Changed conditions' means any one or more of the following:
(A) Any change in the use of land in the area of a companion animal establishment;
(B) An increase in the magnitude of an existing use of land in or around the locality of a companion animal establishment and includes, but is not limited to, urban sprawl into an area in or around the locality of a companion animal establishment, or an increase in the number of persons making any such use or an increase in the frequency of such use; or
(C) The construction or location of improvements on land in or around the locality of a companion animal establishment closer to a companion animal establishment than those improvements located on such land at the time of commencement of the operation of the companion animal establishment at issue.
(4) 'Companion animal' means any animal that is commonly kept by persons as a pet or for companionship. Such term includes but is not limited to domesticated dogs, domesticated cats, ferrets, gerbils, guinea pigs, hamsters, equines, mice, rabbits, and rats.
(5) 'Companion animal establishment' means any animal shelter, stable, breeder facility, kennel, or pet dealer facility; provided, however, that such term shall not include any facility that is required to be licensed by the Department of Agriculture but which is not so licensed.
(6) 'Kennel' means any facility, other than an animal shelter, where dogs or cats are maintained for boarding, holding, training, or similar purposes for a fee or other compensation.
(7) 'Pet dealer facility' means an animal facility of any person who is not an animal breeder and who sells, offers to sell, exchanges, or offers for adoption companion animals.
(8) 'Stable' means any building, structure, pasture, or other enclosure where equines are maintained for boarding, holding, training, breeding, riding, pulling vehicles, or other similar purposes and a fee is charged for maintaining such equines or for the use of such equines.
(9) 'Unit of government' means any county, municipality, or other political subdivision or any department, agency, or authority thereof.
(b) No companion animal establishment shall be or shall become a nuisance, either public or private, solely as a result of changed conditions in or around the locality of such companion animal establishment since the date on which it commenced operation. Subsequent physical expansion, increased capacity, or expansion of scope to serve additional species of animals of the companion animal establishment shall not establish a new date of commencement of operations for purposes of this Code section.
(c) No companion animal establishment or unit of government or person owning, operating, or using a companion animal establishment shall be subject to any action for civil or criminal liability, damages, abatement, or injunctive relief resulting from or relating to noise generated by the operation of the companion animal establishment if the companion animal establishment remains in compliance with noise control or nuisance abatement rules, regulations, statutes, or ordinances applicable to the companion animal establishment on the date on which it commenced operation.
(d) No rules, regulations, statutes, or ordinances relating to noise control, noise pollution, or noise abatement adopted or enacted by a unit of government shall be applied retroactively to prohibit conduct at a companion animal establishment, which conduct was lawful and being engaged in prior to the adoption or enactment of such rules, regulations, statutes, or ordinances."
SECTION 2.
This Act shall become effective upon its approval by the
Governor or upon its becoming law without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are
repealed.