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PROPOSED CHANGE TO SMMA ORDINANCE 8-106 Pets and Other Animals

By May 12, 2015July 14th, 2015Blog

A.  Dogs and cats.  Such animals are permitted in the Park under the custody and control of the owner or other responsible person, but must be kept at all times on a leash not exceeding six feet in length.  The person having custody or control of the animal shall immediately remove excrement from the Park in a sanitary manner and disposal thereof shall be the responsibility of the person having custody or control of the animal, and such person is responsible for having a device or equipment for the picking up and removal of animal excrement.  The provisions of this subsection and subsection (E) shall not apply to an animal aiding the disabled (e.g., service animals) or performing police or rescue activities.  Law enforcement officers of the Department of Public Safety may require such animals be removed from Park grounds by the owner or responsible person if the menacing attitude of the animal incites fear in other persons or if the animal disturbs the peace by incessant barking or other means.  No animals shall be permitted in the following areas of the Park: (1) lake, (2) golf course, (3) all Park buildings, (4) anywhere on the surface of the mountain within the perimeter of the railroad track surrounding the mountain, except on the Cherokee Trail which may be accessed from any trail entrance except the Walkup Trail, (5) the Walkup Trail, except to cross while traveling on the Cherokee Trail, and (6) any other area with signs posted prohibiting pets.  Exceptions to the above may be requested in writing and granted by the Chief Executive Officer or his designee for special events, such as pet shows.

B.  Horse rental, sales, exhibitions, etc., are forbidden in the Park except those approved for a licensed concessionaire or exhibitor action by and under the authority and regulation of the Stone Mountain Memorial Association.  No person shall use, ride, or drive a horse inside the Park without permission of the Chief Executive Officer.  This section shall not apply to law enforcement officers when engaged in official duties.

C.  Other animals or pets shall not be brought or permitted to enter the Park. Each such animal or pet found within Park boundaries in custody of the owner shall be cause for refusal of Park services and facilities to the owner until such animal or pet is removed from Park premises.

D.  Any animal or pet found at large may be seized by law enforcement officers of the Department of Public Safety and disposed of as provided by State law or local ordinances covering disposal of stray animals on highways or public property with the Animal Control Unit of the county in which the animal was seized.

E.  It shall be unlawful to bring any dangerous animal into the Park except as authorized by State law.

F.  Neither the operator of a motor vehicle nor any person having custody or control of an animal within the Park shall leave unattended and lock such animal in a closed vehicle between the dates of April 1 and October 31. Law enforcement officers of the Department of Public Safety may use any reasonable means or force necessary to cause the removal of any such animal left unattended and locked in a closed vehicle between the dates of April 1 and October 31, if the animal appears to be in distress.  Persons violating this Code Section may also be subject to prosecution for cruelty to animals, as defined and provided for in O.C.G.A. §16-12-4.  As a condition of entering the Park, all Park visitors shall be deemed to have consented to such reasonable means of force necessary to cause the removal of such animals left unattended and locked in a close vehicle between the dates of April 1 and October 31, and no action or equity or claim for damages shall lie against the Park or its officers in connection with lawful enforcement of this subsection.