"State Certified Trapper Wins "Animal Cruelty"Case Against Fulton Animal Control"

   A fellow Trapper friend of mine that works in the North Metro called me the other day to tell me that he had been given a citation for Animal Cruelty by a Sergeant that works for Fulton County Animal Control and had his trap taken. He was performing a coyote removal job and a roaming dog was caught in one of his legally set traps. Most, if not all counties in Georgia have ordinances requiring pet owners to have pets contained around the home or on a leash if out walking. Roaming dogs are a violation of this ordinance. This Animal Control Officer gave him a citation and told him to report to Court today.
   Let me make this perfectly clear to those who do not know the STATE LAWS concerning Trapping.  No Local government, Municipality, Police, County Animal Control, or Sheriff can cite a Trapper Licensed by the State of Georgia in the performance of his duties. The State Department of Natural Resources is the ONLY AHJ (Authority Having Jurisdiction) concerning Trapping. If you are Irresponsible enough to let your pet roam and it is caught in a legally placed trap, that is YOUR fault and YOUR LIABILITY. It is Unlawful for anyone to put their hands on the Trappers equipment (Traps) other than the DNR or the Trapper. We use very discreet techniques to monitor our traps 24/7 and document any disturbances. The person at fault in this incident was the owner of the dog and the Sergeant of Fulton County Animal Control who evidently doesn't have a clue. I know the laws concerning Trapping very well so I emailed them to this Trapper and told him to pass them on to his Attorney. He called me a few minutes ago to let me know that a Fulton County judge had the charges thrown out and the case dismissed. I don't know if this Animal Control Officer was on PETA's or HSUS's payroll but it was a Stupid Act to try to charge this Trapper with Animal Cruelty. Perhaps it was an attempt at Intimidation. It didn't work. We will NOT be intimidated by Ego Driven Authority Figures, Animal Rights Organizations or Domestic Terrorist such as PETA and ALF. Personally, if I had been in this situation, I would seriously consider having the Animal Control Officer charged with Theft of Property.
   Let this be a lesson to any other County Animal Control Departments across the state. You have no Jurisdiction over Trappers. We are Certified and Licensed thru the State. We answer to the DNR and no one else. If we are shown respect by these agencies, we will return the favor. "Our desire is to work with you for the Common good." These laws apply to civilians as well. I will post them below so you may read for yourselves. It could save you a lot of money.

(Ga. Code Ann. § 27-3-151 (1997))

OFFICIAL CODE OF GEORGIA ANNOTATED
TITLE 27. GAME AND FISH
CHAPTER 3. WILDLIFE GENERALLY
ARTICLE 6. INTERFERENCE WITH LAWFUL TAKING

§ 27-3-151. Activity prohibited
(a) It shall be unlawful for any person to:

(1) Interfere with the lawful taking of wildlife by another person byintentionally preventing or attempting to prevent such person from such lawful taking of wildlife;
(2) Disturb or engage in activity tending to disturb wildlife for thepurpose of intentionally preventing or attempting to prevent the lawful taking of such wildlife; or

(3) Fail to obey an order of a law enforcement officer to desist fromconduct violating paragraph (1) or (2) of this subsection if the law enforcement officer observes such conduct or if the law enforcement officer has reasonable grounds for believing that the person has engaged in such conduct that day or that the person plans or intends to engage in such conduct that day at a specific location.


(b) Nothing in subsection (a) of this Code section shall be construed to apply to the activities of law enforcement officers or employees of the department in the performance of their duties.

HISTORY: Code 1981, § 27-3-151, enacted by Ga. L. 1986, p. 1460, § 1.

§ 27-3-152. Injunctions; damages for violations
(a) The superior court of a county may enjoin conduct which would be in violation of Code Section 27-3-151 upon the petition of a person who is affected or who reasonably may be affected by such conduct upon a showing that such conduct is threatened or that such conduct has occurred at a particular location in the past and that it is not unreasonable to expect that under similar circumstances such conduct will be repeated.

(b) A person who engages in conduct in violation of Code Section 27-3-151 shall be civilly liable to any other person who is adversely affected by such conduct, and any award for damages may include punitive damages. In addition to any other items of special damage, the measure of damages may include expenditures of the affected person for license and permit fees, travel, guides, and special equipment and supplies to the extent that such expenditures were rendered futile by preventing the lawful taking of wildlife.

HISTORY: Code 1981, § 27-3-152, enacted by Ga. L. 1986, p. 1460, § 1; Ga. L. 1987, p. 3, § 27.