(b) An animal control officer may initiate a dangerous dog investigation in cases where a complaint has been made pursuant to subsection (a) and a person has been bitten, received physical injury or serious physical injury, or has died. (7) Owner. 45-37A-53.01. Calhoun County, AL Attorney. of (a) The State Health Officer, upon request of authorized local officials, may place certain areas of the state under a rabies quarantine to prevent the spread of rabies. Graduated from Cumberland School of Law, Birmingham, Alabama in 1994. Anyone currently owning or maintaining such animal may keep the animal for the length of the animal's life providing the animal is spayed or neutered and is registered with the Department of Agriculture and Industries. All dogs, cats, and ferrets which have been impounded in accordance with the provisions of this chapter, after notice is given to the owner as provided in Section 3-7A-7, may be humanely destroyed and disposed of when not redeemed by the owner within seven days. Any agent, officer or member of a duly incorporated society for the prevention of cruelty to animals may lawfully destroy or cause to be destroyed any animal found abandoned and not properly cared for which may appear, in the judgment of two reputable citizens called by him to view the same in his presence, to be superannuated, infirm, glandered, injured or diseased past recovery for any useful purpose. 90-530, p. 816, 11; Act 2009-636, p. 1949, 1.). Whenever conduct prescribed by this chapter is also prescribed by any other provision of law, the provision which carries the more serious penalty shall be applied. b. CONSERVATION AND NATURAL RESOURCES. If the county or municipality impounds the dog, the owner of the dog shall be liable to the county or municipality for the costs and expenses incurred in impounding, feeding, and providing veterinary care or treatment for the dog. 3-7A-7 . (Acts 1967, No. Evidence of immunization shall consist of a printed certificate furnished by the Alabama Department of Public Health, upon which shall be legibly inscribed: A description of the animal; its age, color, sex, breed, and tattoo identification, if any; the name and address of the owner; the lot number and type of vaccine used (modified live virus, inactivated virus); the name of the manufacturer, the amount of vaccine injected, and the date after which the animal is no longer considered vaccinated; and a serially numbered tag bearing the same number and year as that of the certificate. Government, Calhoun County, Alabama. (i) At any time, if a dog is confiscated pursuant to this section, the state or entity holding the dog may file a petition with the circuit court seeking civil forfeiture of the seized dog. (f) After confiscation the humane society or other animal welfare agency may make application to the circuit court for a hearing to determine whether any animal seized pursuant to subsection (c) shall be humanely destroyed due to disease, injury or lack of any useful purpose because of training or viciousness. Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same. (2) Attack. (2) Hunting dog. (f) The county attorney, municipal attorney, or municipal prosecutor may file a petition in the district court or municipal court to declare dangerous the dog that caused physical injury, serious physical injury, or death to a person in the jurisdiction of the county or municipality. 9 sec. An agent of a county or municipality vested with impounding authority for animals covered under this chapter. 3-1-28. (Acts 1915, No. 3-1-29. Repealed by Acts 1977, No. ABA Votes To Keep Admission Tests Requirement It shall be unlawful for any person to suffer, allow, or permit any animal which is vicious, or presumed to be vicious, as herein defined, to be off the premises of the owner or person in charge unless said animal is caged or leashed and muzzled, and under such restraint as will prevent it from attacking or injuring a person or other animal. (3) Dog. 3-1-11 . Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. All members of the domesticated feline (Felis catus) family. The court may correct, alter, or otherwise adjust the bond or funds to be deposited upon a motion made before the expiration date of the previous bond or deposit of funds. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 93-719, p. 1406, 1-3; Act 2004-627, p. 1421, 1.). (2) In lieu of the investigation, the owner of the alleged dangerous dog may consent to the dog being humanely euthanized. Birmingham School of Law and Thomas Goode Jones School of Law, Faulkner University. (a) Any person, who unlawfully, wantonly, or maliciously kills, disables, disfigures, destroys, or injures the livestock of another while the livestock is on the premises of the owner of the livestock or on the premises of a person having charge thereof shall be guilty of a Class C felony. The owner or person in charge of any dog, who knows that such dog has been bitten by a rabid dog or has knowledge of such facts that if followed up would disclose the facts that such dog has been bitten by or exposed to a rabid dog, if such dog becomes a rabid dog and bites any person, stock, hogs or cattle shall be liable to twice the damages sustained by the person injured, including appropriate medical treatment, such damages to be recovered in any court of competent jurisdiction. (Acts 1993, No. https://codes.findlaw.com/al/title-3-animals/al-code-sect-3-1-5/, Read this complete Alabama Code Title 3. We intend to make this a site which will benefit each and every citizen of Calhoun County by providing valuable information into the day-to-day operation of your county government. (3) To permit any act in violation of subdivisions (1) and (2) of this subsection. (5) Dog. (Proposed by Act 2022-117) YES NO S TA EWI DM N 3 Please be assured that your information will remain confidential and will not be shared. TITLE 3. Unlawful or malicious killing, injury, etc., of dog of another. The necessary expenses incurred for the care and keeping of the animal after such notice by the humane society shall be a lien thereon and, if the animal is not reclaimed within 10 days from the giving of such notice, the humane society may sell the animal to satisfy such lien. 3-1-29. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. Rabies; Title 3. ; failure to burn or bury dead animal, etc. The county commission shall be empowered to adopt and enforce a leash law in the unincorporated areas of the county and if it deems necessary it may enter into a contract with an incorporated municipality in the county for enforcement of such law. 3-1-29 . No dog shall be permitted except on leash within any wildlife management area except in accordance with the rules and regulations promulgated by the Commissioner of Conservation and Natural Resources, and whoever shall be the owner of any dog at large within any wildlife management area shall be guilty of a misdemeanor. (b) Nothing in this chapter is designed to abrogate any civil remedies available under statutory or common law. ANIMAL. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. Article 5. Commission Office 1702 Noble Street Suite 103 Anniston, AL 36201 Phone: 256-241-2800 No such animal shall be burned or buried sufficiently near a residence or residences as to create a nuisance. Chapter 8. 90-530, p. 816, 3; Act 2009-636, p. 1949, 1.). (1) If, within 72 hours of the conclusion of the hearing, the owner or keeper fails to post the bond or deposit funds with the clerk of the court as ordered by the court, then the dog shall be forfeited by operation of law. The owner of the dog, if known, shall be served with a copy of the petition. To declare the dog dangerous, the court shall find by reasonable satisfaction that the dog bit, attacked, or caused physical injury, serious physical injury, or death to a person without justification. The compensation of the rabies officer and his or her deputies shall be limited to the fees collected from enforcement of this chapter. 3-1-10 . Do not send reports of suspected abuse or neglect via email. The State Board of Health is authorized to adopt and promulgate rules for the enforcement of this chapter, which rules shall have the force and effect of law. (b) This section shall not apply to the running at large of any dog or dogs within (f)(1) When a dog declared to be dangerous is outside and not contained in the proper enclosure of a dangerous dog pursuant to Section 3-6A-3, the owner of the dangerous dog shall be present and shall restrain the dangerous dog with a secure collar and leash. 3-6A-4. Notwithstanding any provision of law to the contrary, it shall be illegal to own, maintain, sell, or trade any canidae or felidae for which there is no USDA licensed rabies vaccine. A signed paper copy of the certificate prescribed herein shall be delivered to the owner of the animal immunized. When dogs permitted in areas; liability of owners of dogs at large in areas. Upon a finding by the court that the seized animals are diseased, injured, or lack any useful purpose due to training or viciousness, it shall be within the authority of the humane society or other animal welfare agency to humanely destroy such animal. 3-7A-5 . 3-7A-6. 3-8-1 . 3-6A-6. Health and Environment. 2nd Monday of each Month 5:30 P.M Work . (Acts 1990, No. 185, p. 259; Code 1923, 3221; Code 1940, T. 3, 5.). Email: animalcenter@cityofpellcity.net. Hunting and Trapping of Birds and Game. the corporate limits of any city or town in this state that requires a license tag Keeping of dogs in certain vacant lots. As used in this chapter, the following words and phrases shall have the following meanings respectively ascribed to them unless the context clearly indicates otherwise: (1) Canine corps dogs. The owner of a dog in violation of the leash law can be subject to a misdemeanor offense and payment of a fine of $2.00 to $50.00 if a warrant is processed against them. 3-7A-10 . (10) Serious physical injury. 3-7A-13. (Acts 1990, No. (b) This section shall not apply to the running at large of any dog or dogs within the corporate limits of any city or town in this state that requires a license tag to be kept on dogs nor shall this section apply in any county in this state until the same has been adopted by the county commission of such county. The rabies officer may be removed from office, for cause, by the county board of health or the State Health Officer. Comprehensive lawyer profiles including fees, education, jurisdictions, awards, publications and social media. (256) 847-3777. Cruelty to animals. It requires dogs be confined to owner's property. Get free summaries of new opinions delivered to your inbox! In Alabama, Calhoun County is ranked 50th of 67 counties in Courts per capita, and 9th of 67 counties in Courts per square mile. 90-530, p. 816, 10; Act 2009-636, p. 1949, 1.). Destruction of domesticated species exposed to rabid animal; quarantine as option on recommendation of Department of Public Health. High 59F. Nothing in this section shall prevent the owner of any dog or dogs or other person or persons having such dog or dogs in his or their charge from allowing such dog or dogs to accompany such owner or other person or persons elsewhere than on the premises on which such dog or dogs is or are regularly kept. Quarantine of dog or cat which bites human being; destruction of animal and examination of head; certain acts of or omissions by owner unlawful; delivery of quarantine instructions to owner; report of results; canine corps and seeing eye dogs. Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. Even if you plan to work with a lawyer, it's smart to do some research before . If the dog is impounded with a veterinarian chosen by the owner of the dog, the owner of the dog shall be liable for paying to the veterinarian the cost and expenses incurred in impounding, feeding, and providing veterinary care or treatment for the dog. Local Laws Alabama Code Title 45. An injury as defined in Section 13A-1-2. Birmingham School of Law University of Alabama - Tuscaloosa 11th Circuit, Alabama and Federal Circuit Alabama State Bar. Title 3. . At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 3-7A-2 . Criminal Defense Lawyers Serving Calhoun County, AL (Gardendale) Additional Office Locations. (c) The county health department is authorized to promulgate and enforce any reasonable rules and regulations necessary to implement this section. Taken into the custody of law enforcement, the county pound, or an animal control authority or provider of animal control services to the municipality or county where the dangerous dog is found. LIABILITY OF OWNERS OF DOGS BITING OR INJURING PERSONS. View Lawyer Profile. 2023 LawServer Online, Inc. All rights reserved. (4) At the end of the time for which expenses are covered by the bond or deposit of funds, if the owner or keeper fails to post a new bond or deposit new funds with the clerk of the court, which must be received before the expiration date of the previous bond or deposit of funds, then the dog shall be forfeited by operation of law. CHAPTER 1. Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. 3-7A-5. The rabies officer and his or her deputies in each county are clothed with limited police powers to the extent that they may issue citations for violations of this chapter as an agent of the county board of health, and shall not be subject to the limitations of Section 36-21-50. (g) Canine corps dogs and seeing eye dogs shall be exempt from the quarantine period if the exposure occurs in the line of duty and evidence of proper immunization against rabies is presented, but shall be examined immediately at the end of 10 days by a licensed veterinarian, who shall report the results of his or her examination to the appropriate health officer as previously authorized. (d) Nothing in this chapter shall be construed to require any county or municipality to employ or make available an animal control officer. (2) The sworn statement shall be delivered to an animal control officer who shall complete a dangerous dog investigation. The dog in question shall be impounded at the county pound as described in Section 3-7A-7, or the county or municipality may enter into an agreement with an animal shelter or licensed veterinarian to impound the dog; provided, however, the owner of the dog shall be provided the opportunity to choose a veterinarian of his or her choosing to impound the dog in lieu of the county pound or animal shelter. CHAPTER 11. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. Birmingham. Any person, who unlawfully, wantonly or maliciously kills, disables, disfigures, destroys or injures any animal or article or commodity of value which is the property of another must, on conviction, be fined not less than twice the value of the injury or damage to the owner of the property nor more than $1,000.00 and may also be imprisoned in the county jail, or sentenced to hard labor for the county for not more than six months, and so much of the fine as may be necessary to repair the injury or loss shall go to the party injured. this Section. FISH, GAME, AND WILDLIFE. 3-1-5.1. Nothing in this chapter shall be held to limit in any manner the power of any municipality to prohibit dogs, cats, or ferrets from running at large, regardless of rabies immunization status as herein provided; nor shall anything in this chapter be construed, in any manner, to limit the power of any municipality to further control and regulate dogs or cats in such municipality. Their vote makes the state law applicable to Elmore County. If the court determines by reasonable satisfaction that the dog has such a propensity, the court may order the dog to be humanely euthanized by a licensed veterinarian or an authorized animal control officer or the court may order the dog be returned to its owner pursuant to all of the following conditions: a. (3) The owner or keeper may choose at any time to surrender the dog to the local animal shelter or other animal housing facility holding the dog. CHAPTER 6. Section 3-1-5 - Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. The amount paid for the board of the animal shall accrue to the credit of the city or county, depending upon the jurisdiction of the pound in which the animal was confined. 90-530, p. 816, 1; Act 2009-636, p. 1949, 1.). Confinement under the direct care, custody, control, and supervision of a licensed veterinarian for a period of 10 days subsequent to the date of the exposure, or as otherwise directed by the appropriate health officer. Part 4. Any person knowingly keeping such dog is liable for double the value of all stock killed or injured by such dog, such damages to be recovered by the owner of such stock before any court of competent jurisdiction and no action shall be maintained against anyone for killing such dog. 84-796, p. 206; Act 2011-542, 1.). ANIMALS. It shall be unlawful for any person having knowledge that a human being has been bitten or exposed by a dog, cat, or ferret to fail to notify one or more of the aforementioned officers. . 3-1-11. 3. A LeashLaw is one that prohibits dog owners from letting their dogs run loose,meaning dogs must always be confined or leashed. Upon resolution of a civil forfeiture petition filed under this subsection, the owner or keeper shall be refunded the amount remaining on any bond posted or funds deposited in accordance with this subsection not expended for the seizure, care, keeping, or disposal of the dog. Destruction of domesticated species exposed to rabid animal; quarantine as option on recommendation of Department of Public Health. (d) Any dog confiscated pursuant to subsection (c) by the sheriff or other law enforcement officers shall be taken to the local humane society or other animal welfare agency. Cullman County Animal Control Division Director Tim McKoy said the county has a leash law. Feel free to ask any questions you have before hiring a lawyer to make sure you understand what . Has secure sides and a secure top attached at all sides. General Provisions. (c) The period of quarantine for animals other than domesticated dogs, cats, and ferrets which have bitten or exposed a human being shall be determined by the Alabama Department of Public Health upon consultation with the U.S. Public Health Service. All owners or custodians of animals which die or are killed in their possession or custody, other than such as are slaughtered for food, within 24 hours shall cause the bodies of such animals to be burned or buried at least two feet below the surface of the ground. Seeing eye dogs shall be included within the meaning of this definition. (256) 235-3863. Isn'tit better if dogs run wild and just have fun?" Uh -- no! This section does not apply to any zoological parks, circuses, colleges, and universities, animal refuges approved by the Department of Agriculture and Industries, county or municipal humane shelters, the Department of Conservation and Natural Resources, or veterinary clinics. Family Court Divisions: 256-231-1740, Suite 500. 90-530, p. 816, 2; Act 2009-636, p. 1949, 1.). (h) If any dog owner is convicted under subsection (a) or (b), the animal or animals shall be awarded to the local humane society or other animal welfare agency. Mayor James Vercell Seal. c. The animal control officer shall send a copy of the investigation report to the county attorney, municipal attorney, or municipal prosecutor. Shirley A. Millwood. 3-8-1. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 3-1-12 . c. The owner of the dangerous dog shall provide a copy of the certificate of the current rabies vaccination of the dog. 3-1-9 . (h) Any person who knowingly makes a false report to an animal control officer or law enforcement officer that a dog is dangerous is guilty of a Class C misdemeanor. For dogs that haven't been. dogs to accompany such owner or other person or persons elsewhere than on the premises 3-1-13 . (f) The veterinarian under whose care the offending animal has been committed for quarantine shall promptly report the results of his or her observation of the animal to the attending physician of the human being bitten or exposed and the appropriate health officer. Sworn statement; dangerous dog investigation; hearing; procedures. Alabama law is clear on reporting abuse and neglect of children under the age of 19. Activities relating to fighting of dogs prohibited; violations; confiscation; procedures for disposition of animals; bond for the care of seized dog; forfeiture. Nothing in this section shall prevent the owner of any dog or dogs or other person or persons having such dog or dogs in his or their charge from allowing such dog or dogs to accompany such owner or other person or persons elsewhere than on the premises on which such dog or dogs is or are regularly kept. The county board of health, not later than January 31 of the appointing year, shall select and appoint a nominee, subject to the approval of the State Health Officer and the State Veterinarian. CALHOUN COUNTY ORDINANCES . (Acts 1935, No. 2. Any dog trained to hunt wild game with a handler. Seized with the teeth so that the skin of the person seized has been gripped, or has been wounded or pierced, resulting in physical injury. Calhoun County, Alabama. WILDLIFE MANAGEMENT AREAS. All members of the domesticated canine (Canis familiaris) family. Repealed by Acts 1977, No. 3-1-2. 90-530, p. 816, 5; Act 2009-636, p. 1949, 1.). [Link to page for provisions for Chilton County only (Ala.Code 1975 45-11-172 - 172.08)]. 9-11-306 . (4) If the state fails to meet its burden at this forfeiture hearing, the judge shall order the dog immediately returned to the owner or keeper. MADISON, Ala. - The City of Madison has a new animal tethering ordinance in place. For the purposes of this chapter, the following words shall have the following meanings: (1) Animal control officer. A person, firm, corporation, or organization having a right of property in a dog, or who keeps or harbors a dog, or who has a dog in his or her care or acts as the custodian of a dog, or who permits a dog to remain on or about any premises occupied by him or her. You're all set! 3-7A-16. 3-1-6 . 2 - Removal of County Seats, Texas Constitution Art. Chapter 1. For the purpose of this chapter a person shall be considered to be lawfully upon the private property of the owner of such dog when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws of the United States or the postal laws and regulations of the United States, when reading meters, when delivering milk, when making repairs to any public utility or service upon said premises or when on such property upon the invitation, either expressed or implied, of the owner or lessee of such property. 3-1-11.1. CONSERVATION AND NATURAL RESOURCES. TITLE 9. The court shall set a hearing date not more than 30 days from the filing of the application and shall give notice of the same to the owners of the animals. The injection, in a manner approved by the State Health Officer and the State Veterinarian, of rabies vaccine approved by the State Health Officer and the State Veterinarian. (5) The entity holding the dog confiscated pursuant to this section shall be entitled to draw on any bond posted or funds deposited to cover the actual costs incurred in the seizure, care, keeping, and the possible disposal of the dog. Chance of rain 80%.. . Title 45. Nearly every administrationin the country has a leash law. 90-530, p. 816, 8; Act 2009-636, p. 1949, 1.). (b) When a dog, cat, or ferret has no owner as determined by the rabies officer or the health officer after reasonable investigation, or if the owner of a dog, cat, or ferret agrees in writing, or if ordered by the health officer, the animal shall be humanely destroyed immediately after the exposure and the head shall be submitted for rabies examination to the state health department laboratory. Any expenses incurred in the quarantine of the offending animal under this section and Section 3-7A-8 shall be borne by the owner. A dog owner may be fined between $2 and $50 for failure to leash the dog. Jefferson County Municipalities. It ensures that you can not restrain pets with a leash or tether unless you are outside watching them. (Acts 1990, No. Repealed by Acts 1977, No. Chapter 37A. b. such dog or dogs to the limits of his own premises or the premises on which such dog (a) Nothing in this chapter shall be construed to restrict or negate the requirements of the rabies control law contained in Sections 3-7A-1 to 3-7A-15, inclusive. The age of the majority in Alabama is now 19. Repealed by Acts 1977, No. (3) If the state meets its burden at the forfeiture hearing, the judge shall order the owner or keeper to forfeit ownership of the dog. 1975-01 - Ordinance Regulating The Erection, Construction And Enlargement, . TITLE 9. 2023 Michigan State University College of Law. 3-1-4. Those interested should complete the Rescue Application and email it to the address below or if you have any questions please do not hesitate to call. (b) This section shall not apply to any person who is a licensed veterinarian operating his or her business in an area zoned therefor; nor shall this section apply to any person using dogs to guard his or her business. Cite this article: FindLaw.com - Alabama Code Title 3. 90-530, p. 816, 12; Act 2009-636, p. 1949, 1.). Residents in Alabama, home to many pecan and oak trees, can recover additional damages if someone deliberately damages their tree. c. Provides adequate ventilation and protection from the elements. (a) In any city with a population of 300,000 inhabitants or more, according to the 1970 or any subsequent federal decennial census, no person shall put any dog or dogs in a vacant lot which is not adjacent or contiguous to his or her residence. d. Exhibits a sign conspicuously posted upon the pen or the structure containing the following: Dangerous Dog--No Trespassing.. 3-1-8 . 4 - County-Wide Hospital Districts in Certain Large Counties. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. f. The owner of the dangerous dog shall be required to pay an annual dangerous dog registration fee of one hundred dollars ($100) to the county or municipality for a dog deemed dangerous by a court or pay a penalty of one hundred dollars ($100) to the county or municipality for non-registration within two weeks. (b) Whenever the State Health Officer or local health authorities are convinced that the situation is conducive to the spread of rabies, additional measures may be imposed as are deemed necessary to prevent the spread of rabies among dogs, cats, and other animals. (11) Quarantine for rabies observation. Each case varies depending on the situation. broadband infrastructure by state law to public or private entities for providing or expanding broadband infrastructure. 82- 626, p. 3-1-8 . The bond extension shall be considered in accordance with the procedures set forth in subsection (g). (Acts 1990, No. The county commission shall be empowered to adopt and enforce a leash law in the unincorporated areas of the county and if it deems necessary it may enter into a contract with an incorporated municipality in the county for enforcement of such law. 1. review. Certificates not complying with the provisions of this section, or certificates issued by those persons unauthorized to administer rabies vaccine, shall not be valid. . FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. (8) Physical injury. Applications shall be provided to the chair of each county board of health during the month of November. Violators will . (5) Has been exposed. Stay up-to-date with how the law affects your life. Reasonable costs shall include, but not be limited to, transportation, food, shelter, and care, including veterinary care. Any judicial determination in municipal court or district court that a dog is dangerous may be appealed to the circuit court pursuant to the requirements of the Alabama Rules of Civil Procedure and the order of the circuit court shall be final. Animals. Maintenance of pound; notice of impoundment; adoption of animals. Each county in the state shall provide a suitable county pound and impounding officer for the impoundment of dogs, cats, and ferrets found running at large in violation of the provisions of this chapter. (6) Health officer. Right of officers, etc., of humane societies to take charge of and care for neglected or abused animals; written notice to owner from whom animal taken; lien for expenses for care and keeping of animal.
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