2025 Code of Georgia
Title 4 - Animals (Chs. 1 — 15)
Chapter 13 - Humane Care for Equines (§§ 4-13-1 — 4-13-10)
§ 4-13-3. Prohibited acts
- It shall be unlawful for the owner of any equine:
(1) To commit a violation of Code Section 16-12-4, relating to cruelty to animals, which involves an equine owned by, possessed by, or in the custody or control of such person;
(2) To fail to provide adequate food and water to such equine;
(3) To fail to provide humane care for such equine;
(4) To unnecessarily overload, overdrive, torment, or beat any equine or to cause the death of any equine in a cruel or inhumane manner; or
(5) To interfere with or hinder the Commissioner or his designated agent or any sheriff, deputy sheriff, or other law enforcement officer in carrying out his duties under this chapter.
History
Code 1981, § 4-13-3, enacted by Ga. L. 1992, p. 2398, § 2.
Annotations
JUDICIAL DECISIONS
Due process issues. —Requiring hearings before impounding horses under the Georgia Humane Care for Equines Act, O.C.G.A. § 4-13-1 et seq., could cause further harm to animals being deprived of adequate food and water, thus, there was no due process violation and defendant agency officials had qualified immunity on plaintiff animal owner’s claim; the safeguards of O.C.G.A. §§ 4-13-3 and 4-13-4(a) and (b), in connection with any seizure, and the procedure for requesting a hearing under O.C.G.A. § 2-2-9.1(d) after any seizure were adequate. Reams v. Irvin, 561 F.3d 1258, 2009 U.S. App. LEXIS 5188 (11th Cir. 2009).
Research References & Practice Aids
Hierarchy Notes:O.C.G.A. Title 4