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Brookhaven, GA Animal Ordinances: Breed Restrictions (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Classification basis
Conduct on record; no breed is named
Hearing timing
No earlier than 15 days after service
Appeal route
Certiorari to the superior court of DeKalb County
Insurance minimum
$50,000.00 dangerous; $75,000.00 vicious
Leash outside pen
Muzzled, leash not exceeding three feet
Repeat-offense fine
Not less than $500.00, total not over $1,000.00

Summary

The City of Brookhaven, Georgia classifies animals as dangerous or vicious by what they did, and Chapter 5 names no breed. Under Sec. 5-10 the police chief summons the owner to a hearing before a judge of the City of Brookhaven Municipal court or DeKalb County magistrate court, and a classified animal then needs an annual certificate of registration, insurance and a classified animal pen.

(a)Pursuant to the city's Charter, section 1.03(b)(1), if the police chief learns of the existence of a dangerous animal or vicious animal, the police chief, or his designee, which may include county animal control officers, shall then cause a summons to be issued requiring the owner of the animal to appear before a judge of the City of Brookhaven Municipal court or DeKalb County magistrate court, as specified below, at a date and time certain no earlier than 15 days after service, to conduct a hearing as to the appropriate classification of the animal. ... (b)The court shall determine after a hearing if the animal is to be classified as a dangerous animal or vicious animal. ... (c)The appeal of any order of the court concerning the classification of an animal as vicious or dangerous shall be by petition for writ of certiorari to the superior court of DeKalb County.(d)If the court classifies the animal as dangerous or vicious, and no appeal is filed, the owner shall be required to obtain from the police chief an annual certificate of registration in compliance with the requirements of this chapter.

Full Breakdown

Chapter 5 of the Code of the City of Brookhaven, Georgia sorts animals by conduct, and the chapter names no breed. Under Sec. 5-1, a dangerous animal is one that, according to the records of an appropriate authority, causes a substantial puncture of a person's skin by teeth without serious injury, aggressively attacks in a way that makes a person reasonably believe serious injury is imminent, or kills a pet animal while off the owner's property. A nip, scratch, abrasion, barking, growling or showing of teeth is not enough. A vicious animal is one that inflicts serious injury on a person, or causes serious injury to a person resulting from reasonable attempts to escape the animal's attack.

Classification runs through the police chief. The summons is served on the owner personally, the animal is impounded, and the hearing is set no earlier than 15 days after service. The court can order the owner to pay boarding and confinement costs and other restitution, and an appeal goes by petition for writ of certiorari to the superior court of DeKalb County. Sec. 5-11 bars classification when the animal was reacting to an assault on its owner, a willful trespasser, someone who tormented or abused it, or an attack on the owner or another person, when it was protecting its young, or when it was used by a law enforcement or military officer on duty.

Once classified, the owner must obtain an annual certificate of registration from the police chief. Sec. 5-12 requires the owner to be 18 years old or older, pay the annual fee set by the city manager, and show a microchip, liability insurance or a surety bond of $50,000.00 for a dangerous animal or $75,000.00 for a vicious animal, proof of a classified animal pen, and proof of sterilization. If no certificate is obtained within thirty (30) days of the order, the animal is euthanized no earlier than 35 days after the order unless the owner appeals within thirty (30) days. Under Sec. 5-13, entrances must carry Dangerous/Vicious Animal on Property signs, and outside its pen the animal must be attended, muzzled and on a leash not exceeding three feet in length. The pen itself must be padlocked with a minimum 100 square foot area outside the shelter.

Violations & Fines

Possessing a classified animal without a certificate of registration is a violation under Sec. 5-28(d), and failing to tell the police chief the animal is loose or has attacked is a separate violation under Sec. 5-28(c). A second or subsequent conviction by the owner of a classified animal carries a fine of not less than $500.00, with the total fine not exceeding $1,000.00. For a vicious animal, a second or subsequent conviction lets the court order euthanasia. A vicious animal cannot be transferred, sold or donated unless relinquished to a governmental facility or a veterinarian to be euthanized.

Frequently Asked Questions

Does Brookhaven ban specific dog breeds?
Chapter 5 names no breed. Sec. 5-1 defines dangerous and vicious animals by conduct: a puncture wound, an aggressive attack that creates reasonable fear of serious injury, killing a pet off the owner's property, or serious injury to a person. The label attaches to the individual animal after a court hearing under Sec. 5-10.
How does a dog get classified as dangerous in Brookhaven?
When the police chief learns of a dangerous or vicious animal, the chief causes a summons to be issued and served personally on the owner, and the animal is impounded. A judge of the City of Brookhaven Municipal court or DeKalb County magistrate court holds a hearing no earlier than 15 days after service and enters a written order.
Can a classification be appealed?
Yes. Sec. 5-10(c) sends any appeal of a classification order by petition for writ of certiorari to the superior court of DeKalb County. Filing within thirty (30) days stops the euthanasia clock under Sec. 5-10(e), but the animal is not released to its owner until the appeal concludes and the certificate of registration is issued.
What must I do once my dog is classified?
Obtain the annual certificate of registration from the police chief. Sec. 5-12 requires a microchip, insurance or a surety bond in the printed minimum amount, proof the animal will live in a classified animal pen, and proof of sterilization. Sec. 5-13 adds warning signs, a muzzle and a leash not exceeding three feet outside the pen.

Sources & Official References

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