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Brookhaven, GA Animal Ordinances: Cat Rules (2026)

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

Key Facts

Community cat marking
Surgical ear-tip
Program steps
Capture, veterinary evaluation, spay/neuter, rabies shot, return
Healthy community cat impounded if
It damages requester's property or creates unsanitary conditions or odors
Owned cat rabies rule
Age three months or older (Sec. 5-17)
Sale paperwork
OCVI health certificate required (Sec. 5-29)
Second Sec. 5-17 conviction fine
Not less than $300.00, total not over $1,000.00

Summary

The City of Brookhaven, Georgia runs a community cat program under Chapter 5: unowned free-roaming cats are captured, sterilized, vaccinated, ear-tipped and returned where they were captured. Under Sec. 5-19 a healthy community cat is impounded only if it damages the property of a person seeking impoundment or creates unsanitary conditions, offensive or objectionable odors.

Community cat means an unowned, free-roaming cat that has been marked by surgical ear-tip pursuant to the community cat program. Community cat program means a comprehensive process whereby unowned free-roaming cats are captured humanely, transported to a veterinarian for evaluation, spay/neuter surgery, rabies vaccination and marking by surgical ear-tip, and returned to the area or location where the cat was captured. ... (d)Any stray cat without any traceable form of identification that is impounded or brought to the animal service center and deemed eligible may be transferred immediately to the community cat program.(e)Any community cat or unowned, free-roaming cat that is not healthy in the opinion of qualified city employees or designees shall be impounded. No healthy community cat shall be impounded unless it:(1)Damages the personal or private property of a person or legal entity that seeks its impoundment; or(2)Creates unsanitary conditions, offensive or objectionable odors.

Full Breakdown

Chapter 5 of the Code of the City of Brookhaven, Georgia handles unowned cats through a community cat program instead of a stray-and-destroy rule. Sec. 5-1 defines the program as capture, transport to a veterinarian for evaluation, spay/neuter surgery, rabies vaccination and surgical ear-tip marking, then return to the area or location where the cat was captured. A cat carrying that ear-tip is a community cat, and a community cat is not classified as a stray animal. Sec. 5-25(d) confirms that cats in the program are exempt from the registration, licensing and stray animal provisions and are not deemed abandoned when returned to the location where captured.

Impoundment is narrow. Under Sec. 5-19(e), an unhealthy community cat is impounded, but a healthy one is not unless it damages the property of a person or legal entity that seeks its impoundment, or creates unsanitary conditions, offensive or objectionable odors. A healthy cat impounded on those grounds is transferred to a qualified adoption facilitator or disposed of by the city or its designee. Sec. 5-19(d) lets a stray cat with no traceable form of identification, once impounded and deemed eligible, move immediately into the program.

Owned cats carry duties too. Under Sec. 5-17, the owner of a cat three months old or older must keep a current rabies vaccination, register the cat with the city, pay the registration fee, and provide a collar or harness worn at all times with the rabies tag. Sec. 5-1 allows a cat to be deemed unowned when it is found on the property of a person disclaiming ownership and displays no traceable identification. Sec. 5-4 speaks of an animal without limiting itself to dogs, and Sec. 5-1 defines animal as every living vertebrate except a human being. Sec. 5-29 requires an OCVI health certificate whenever a cat is sold or exchanged for valuable consideration, and Sec. 5-33 bans transient sales of cats at roadsides, parks, flea markets and commercial or retail parking lots.

Violations & Fines

Sec. 5-28(m) sets the penalty for the registration and rabies rules: on a second or subsequent conviction under Sec. 5-17 the court can impose a fine of not less than $300.00, with the total fine not exceeding $1,000.00. Any other Chapter 5 violation is charged by citation from the police chief and punished by fine and/or imprisonment under Sec. 1-11, with every day a separate offense. Under Sec. 5-29(c), each cat without an OCVI health certificate is a separate violation, and those animals are not subject to impoundment for it.

Frequently Asked Questions

Are feral or community cats legal in Brookhaven?
Yes, under the community cat program. Sec. 5-1 defines a community cat as an unowned, free-roaming cat marked by surgical ear-tip, and Sec. 5-25(d) exempts program cats from registration, licensing and stray animal provisions. They are not deemed abandoned when returned to the location where they were captured.
Can the city impound a healthy community cat?
Only in two situations under Sec. 5-19(e): the cat damages the personal or private property of a person or legal entity that seeks its impoundment, or it creates unsanitary conditions, offensive or objectionable odors. A community cat that is not healthy in the opinion of qualified city employees or designees is impounded.
Does my pet cat need a rabies tag in Brookhaven?
Yes. Sec. 5-17 applies to dogs, cats and ferrets three months old or older. The owner must obtain a current rabies vaccination, register the animal with the city, pay the registration fee, and provide a collar or harness that the animal wears at all times with its rabies inoculation tag.
Can I sell kittens at a flea market or roadside?
No. Sec. 5-33 makes it unlawful to transfer a dog, cat or domestic rabbit for consideration at any roadside, public right-of-way, park, fair, flea market, outdoor market, or commercial or retail parking lot. Exceptions cover a licensed animal shelter or rescue, a paid entrant at a sanctioned show, and a prearranged transfer at a police facility.

Sources & Official References

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