Alabama Code Title 3. Animals 3-1-6 | FindLaw (6) Health officer. After hearing from residents, the county commission approved the leash law. 3-7A-2 . 3-7A-11. (1) As part of this petition, the state or entity holding the dog may seek an extension of any bond ordered by the judge under subsection (g), pending resolution of the civil forfeiture petition filed pursuant to this subsection. If the humane society determines that the animal cannot be sold, it may cause the animal to be otherwise disposed of. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Proof of trespassing by animal in mitigation or justification of offense; tender of compensation. Phone:(205) 814-1567. The Petitioner must be a legal resident of Calhoun County and age 19 or older. Those members of the canine family maintained by governmental agencies for exclusive use in official duties assigned to those agencies. 3-7A-9. No person may file more than one motion seeking an adjustment to the bond or funds to be deposited for each six-month period for which the dog is held under this section. (3) Bitten. (7) Owner. (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. g.1. (Acts 1915, No. A licensed veterinarian and his or her assistants, whether compensated by fee or otherwise or not compensated, when assisting the county rabies officer at any officially designated rabies vaccination clinic shall be considered a volunteer for the purpose of Section 6-5-336. 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. (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. (Acts 1935, No. 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. 90-530, p. 816, 11; Act 2009-636, p. 1949, 1.). (2) Attack. (j) It shall be presumed that a dog is not a dangerous dog pursuant to this chapter if the dog was on property owned by the owner of the dog when the event subject to a claim under this chapter occurred or if the victim was trespassing on any property when the event subject to a claim under this chapter occurred. Notice of such rules and regulations shall be given by publication 30 days before the effective date. 3-1-4. Animals. (Acts 1990, No. Entered active duty in the United States Army . (a) Every owner of a dog, cat, or ferret required to be immunized for rabies as defined in this chapter, shall cause the animal to be immunized by the rabies officer, his or her authorized representative, or any duly licensed veterinarian, when the animal reaches three months of age and subsequently in accordance with the intervals specified in the vaccine's license. Applications shall be provided to the chair of each county board of health during the month of November. You might wonder "Why? Calhoun County Attorneys - LII Alabama Attorney Directory 3-1-8. (g) A dog that is the subject of a dangerous dog investigation may not be relocated and ownership may not be transferred pending the outcome of the investigation and hearing to determine whether to declare the dog to be dangerous. The Calhoun County Commission would like to welcome you to the Calhoun County WEB site and hope you will return often. Injury or destruction of dipping vat of another. View Lawyer Profile. Please be assured that your information will remain confidential and will not be shared. PDF Calhoun County Ordinances All four sides of the fence or pen must be sunk at least two feet into the ground or the fence or pen must be built over a concrete pad to prevent the dog from digging out. An agent of a county or municipality vested with impounding authority for animals covered under this chapter. Jefferson County Municipalities. 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. Any person employed by a county or municipality who performs animal control functions or any person who performs animal control functions who is employed by an entity under agreement or contract with a county or municipality to perform animal control functions or to enforce this chapter. Courts in Calhoun County, Alabama. (Acts 1990, No. (4) Ferret. The surety bond required by subparagraph 1. shall provide coverage for dog bites, injuries, or death caused by the dog. (a) For the purposes of this section, the following terms shall have the following meanings: (1) Agricultural work dog. Health and Environment. [Link to page for provisions for Chilton County only (Ala.Code 1975 45-11-172 - 172.08)]. Pell City does have a leash law, a vicious animal ordinance, and requires owners to be in control of their pets at all times. Regulations & Controls | Shelby County, AL - Official Website (b) If a dog that has not been declared by a court to be dangerous, when unjustified, attacks and causes serious physical injury or death to a person, and the owner of the dog had prior knowledge of the dangerous propensities of the dog, yet demonstrated a reckless disregard of the propensities under the circumstances, the owner of the dog shall be guilty of a Class C felony. Code of Alabama. (256) 235-3863. Their vote makes the state law applicable to Elmore County. 3-1-9 . Animals. 9 sec. 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. (d) In the event the dangerous dog investigation leads the animal control officer to believe the allegation is unfounded, the animal control officer shall advise the complainant of his or her findings and the animal control officer shall submit the results of the investigation to his or her supervisor. 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. Unlawful or malicious killing, injury, etc., of dog of another. A paper copy or electronic copy or evidence thereof shall be maintained by the licensed veterinarian for a period of one year past the expiration date of a certificate. (Acts 1993, No. Permitting dog or hog known to kill, etc., sheep, domestic fowl, etc., to run at large. Those domesticated species, for which rabies vaccine is recognized and recommended, upon exposure or potential exposure to a known rabid animal, shall be humanely destroyed or slaughtered immediately. (256) 403-0521. (1) If the court determines that the dog is dangerous and has caused serious physical injury or death to a person, the court shall order the dog to be humanely euthanized by a licensed veterinarian or an authorized animal control official. Any person who violates this section shall be guilty of a misdemeanor and, upon conviction shall be fined an amount not to exceed fifty dollars ($50). Rabies vaccine required for any canidae or felidae; applicability. (b) A local law requiring a dog to be kept on a leash or otherwise restrained does not apply to an agricultural work dog at any time while the dog is engaged in agricultural work or a hunting dog at any time while the dog is engaged in hunting wild game. (Acts 1990, No. Calhoun County, AL Attorney. d. The dangerous dog shall be spayed or neutered. Destruction of impounded dogs and cats; when authorized; redemption by owner; sale of impounded animals. WILDLIFE MANAGEMENT AREAS. The owner shall be required to obtain a surety bond of at least one hundred thousand dollars ($100,000) and shall provide proof to the court or animal control office. The animal control officer shall file a summons for the owner of the dog, if known, with the municipal court or district court. Nearly every administrationin the country has a leash law. Please call your County Department of Human Resources or local law enforcement agency to report suspected abuse or neglect. ABA Votes To Keep Admission Tests Requirement (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. (7) Immunization against rabies. Lynne Whitten, Supervisor - Appeals. (c)(1) In the event a dangerous dog investigation leads an animal control officer to believe the allegation is founded, all of the following shall occur: a. 3-1-4 . (Acts 1919, No. ; failure to burn or bury dead animal, etc. (i) The pleading and practice in all cases to petition the court to declare a dog to be dangerous under this section shall be in accordance with the Alabama Rules of Civil Procedure and rules of the courts governing municipal courts in this state unless otherwise specified by this chapter. Killing or disabling livestock; penalty. f. The enclosure shall be locked at all times while the dog is inside the enclosure. All members of the domesticated canine (Canis familiaris) family. 90-530, p. 816, 10; Act 2009-636, p. 1949, 1.). (Code 1876, 4411; Code 1886, 3871; Code 1896, 5092; Code 1907, 6231; Code 1923, 3213; Code 1940, T. 3, 10.). Universal Citation: AL Code 3-1-5 (2017) Section 3-1-5 Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. Nothing in this chapter shall be construed as diminishing any right or liability for injury by dog bites now existing under the laws of this state. (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. 3-1-14. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. 607, p. 812, 9901, as amended, effective January 1, 1980. Cite this article: FindLaw.com - Alabama Code Title 3. Article 8. Unlawful or malicious killing, injury, etc., of dog of another. Animals. Reasonable costs shall include, but not be limited to, transportation, food, shelter, and care, including veterinary care. Activities relating to fighting of dogs prohibited; punishment; confiscation; procedures for disposition of animals. (6) Impounded. Penalty for dog or cat without tag or certificate. 1. review. Child Abuse/Neglect Reporting - Alabama Department of Human Resources Burial or burning of bodies of dead animals generally; burning of hogs dying from cholera, etc. An injury as defined in Section 13A-1-2(12). Animals 3-1-6 on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Nothing in this section shall prevent the owner of any dog or dogs or other person (g) An owner of a dog that is the subject of a dangerous dog investigation who refuses to surrender the dog to an animal control officer or law enforcement officer, upon the request of the animal control officer or law enforcement officer, shall be guilty of a Class C misdemeanor. 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. The administration of rabies vaccine to species other than those for which reliable immunization data is available shall be a violation of this chapter. 3-1-9. View Website View Lawyer Profile Email Lawyer. e. The owner of the dangerous dog shall be required to pay all expenses involved with the investigation, pickup, and impoundment, and any court costs or fees related to the hearing to determine whether the dog is dangerous. Relation to Volunteer Service Act. Attorney Ratings. (a)(1) When a person claims that a dog is dangerous, the person shall make a sworn statement before a city magistrate or sheriff setting forth the name of the dog owner, if known, the location where the dog is being kept in the city or county, and the reason he or she believes the dog to be dangerous. The filing fee is $65.00 Minor Name Changes You will need to contact an attorney for a minor name change 3-1-8 . In lieu of printed certificates, licensed veterinarians may elect to utilize electronically generated and maintained certificates if the certificates contain substantially the same information as required above. (a) The county board of health shall nominate annually one duly licensed veterinarian from each county within the state for the position of rabies officer. Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same. (c) If a dog that has previously been declared by a court to be dangerous, when unjustified, attacks and causes physical injury to a person, the owner of the dog shall be guilty of a Class A misdemeanor. The Legislature finds that certain dogs are an increasingly serious and widespread threat to the safety and welfare of citizens of this state by virtue of their unjustified attacks on and associated injury to individuals; that these attacks are in part attributable to the failure of owners to confine and properly train and control these dogs; that existing laws inadequately address this problem; and that it is therefore appropriate and necessary to impose a uniform set of state requirements on the owners of dangerous dogs. (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. 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. The owner of any dog or cat found not wearing the evidence of current immunization as provided herein or for which no certificate of current immunization can be produced, and which is apprehended by an officer or other person charged with the enforcement of this chapter, shall forthwith be subject to a penalty to be imposed by the rabies officer not to exceed an amount equal to twice the state approved charge for immunization, in addition to the fee heretofore prescribed for immunization. ; failure to burn or bury dead animal, etc. Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. Chance of rain 80%.. . Liability of Owners of Dogs Biting or Injuring Persons; Title 3. Alabama Property Line and Fence Laws at a Glance Alexandria, AL 36250. 3-1-10. Applications for this position may be received from any duly licensed veterinarian residing within the county, or in the event that no applications are received, from the Alabama Veterinary Medical Association. The committee shall consider all cost factors in administering the vaccine as the economy dictates, including but not limited to the current prices of vaccines. 668, p. 1061, 8; Code 1940, T. 8, 110(8); Act 2019-369, 1.). No conviction must be had, if it is shown that, before the commencement of the prosecution, compensation for the injury was made or tendered to the owner. . Seeing eye dogs shall be included within the meaning of this definition. (d) It shall be a violation of this chapter for the owner of such an animal to refuse to comply with the lawful order of the health officer in any particular case. Article 5. (9) Owner. 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. 383, p. 813, 8; Code 1940, T. 8, 89.). (Code 1852, 186, 191; Code 1867, 3733, 3738; Code 1876, 4408, 4420; Code 1886, 3869; Code 1896, 5090, 5091; Code 1907, 6230; Code 1923, 3212; Code 1940, T. 3, 9; Acts 1982, No. With the new state law, Bannister said it is important to remember that all dog owners in Cullman are required to purchase a one-time city license for each dog owned. 477, p. 541; Code 1923, 6073; Code 1940, T. 3, 2.). If reliable epidemiologic data is lacking for an animal species regarding duration of rabies virus secretion from the salivary glands, the animals shall be humanely destroyed and the head submitted for rabies examination to the state health department laboratory. Mr. Howard Wayne East. Liability of owner, etc., for injuries caused by rabid dog. 3-1-11. Individuals, firms, partnerships, and associations. Placement of area under quarantine; additional measures. Alabama Code Title 3. Animals 3-1-5 | FindLaw CHAPTER 6. 3-1-5.1. 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. Destruction of certain abandoned animals by members, etc., of societies for prevention of cruelty to animals. such dog or dogs to the limits of his own premises or the premises on which such dog . Dogs and cats to be immunized; certificate; validity; to whom sale, etc., of vaccine may be made. Destruction of domesticated species exposed to rabid animal; quarantine as option on recommendation of Department of Public Health. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. Calhoun County, AL Family Law Attorney with 13 years of experience. (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. 3-1-2 . CHAPTER 11. 3-6A-7. c. The owner of the dangerous dog shall provide a copy of the certificate of the current rabies vaccination of the dog. The owner of such dog shall, however, be entitled to plead and prove in mitigation of damages that he had no knowledge of any circumstances indicating such dog to be or to have been vicious or dangerous or mischievous, and, if he does so, he shall be liable only to the extent of the actual expenses incurred by the person so bitten or injured as a result of the bite or injury. Repealed by Acts 1977, No. Construction with other laws; penalties. (5) Dog. The bond or deposited funds shall be ordered posted in 30-day increments until such time as the case that was the cause of the dog being confiscated is resolved. County rabies officer; application; appointment; term; powers and duties; authority of county board of health. 3-1-1. For the purposes of this chapter, the following words shall have the following meanings: (1) Animal control officer. Copyright 2023, Thomson Reuters. A dog owner may be fined between $2 and $50 for failure to leash the dog. 9-11-306. If the instructions cannot be delivered in such a manner, they shall be mailed by regular mail, postage prepaid and addressed to the owner of the animal. Animal Control Services - City of Pell City Alabama Any person violating this section shall be guilty of a misdemeanor and shall be fined not less than $2.00 nor more than $50.00. (c) Any dog used to fight other dogs in violation of subsection (a) of this section shall be confiscated as contraband by the sheriff or other law enforcement officers and shall not be returned to the owner, trainer, or possessor of the dog. 3-7A-5. Suspected or confirmed contact of saliva with a break or abrasion of the skin or with any mucous membrane, as determined by the health officer or medical or law enforcement personnel. Top Family Law Lawyers in Calhoun County, AL | FindLaw At his or her discretion, the impounding officer may provide for adoption of any animal not redeemed or claimed or otherwise disposed of, to any person desiring the animal, if the person complies with all the provisions of this chapter. 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. MADISON, Ala. - The City of Madison has a new animal tethering ordinance in place. 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. (Code 1907, 2470; Code 1923, 5678; Code 1940, T. 3, 3.). 3-1-6. b. (a) Every person owning or having in charge any dog or dogs shall at all times confine on which such dog or dogs is or are regularly kept. Destruction of certain abandoned animals by members, etc., of societies for prevention of cruelty to animals. 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. When dogs permitted in areas; liability of owners of dogs at large in areas. (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. Calhoun County, AL Family Law Attorney. Leash laws; enforcement. Rabies vaccine required for any canidae or felidae; applicability. (c) For the purpose of providing proper enforcement of this chapter, the county board of health is hereby invested with general supervisory and administrative authority for the implementation of this chapter. 3-6-2. TITLE 3. 3-7A-7 . (b) Appointments not made within the prescribed time limits specified in this section shall become the joint prerogative of the State Health Officer and the State Veterinarian after due consultation with the appropriate health officer. (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. 3-1-29. The State Health Officer or any county health officer as defined in Section 22-3-2, or his or her designee. (Acts 1990, No. A licensed veterinarian as defined in Section 34-29-61, duly appointed by the county board of health and approved by the State Health Officer and State Veterinarian. 3-1-11.1 . 3-1-12. Get free summaries of new opinions delivered to your inbox! 3-7A-7. Any person, who, owning or having in his possession or under his control any dog or hog known to worry or kill sheep, domestic fowls or goats suffers such dog or hog to run at large must, on conviction, be fined not less than $5.00 nor more than $50.00. Calhoun County Lawyers - Compare Top Attorneys in Calhoun County This is a secure site. Aggressive physical contact by a dog. ANIMALS. 3-1-29. 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. 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. 9 sec. (a) It shall be a Class C felony for any person to do any of the following: (1) To own, possess, keep, or train any dog with the intent that such dog shall be engaged in an exhibition of fighting with another dog. Expenses incurred in connection with the housing, care, or upkeep of the dogs by any person, firm, partnership, corporation, or other entity shall be taxed against the owner. Any person violating this article or any rule adopted by the Commissioner of the Department of Conservation and Natural Resources under the authority of this article shall be guilty of a Class C misdemeanor, punishable as provided by law, except that the minimum fine shall not be less than one hundred dollars ($100).Credits(Acts 1939, No.
