(2) The sworn statement shall be delivered to an animal control officer who shall complete a dangerous dog investigation. Animals. Alabama Property Line and Fence Laws at a Glance In the event a tag or certificate is lost after it has been legally issued, every replacement thereof shall be upon such terms as may be agreed upon with the rabies officer or veterinarian by whom the animal has been immunized. (b) It shall be a Class C felony for any person to be knowingly present, as a spectator, at any place, building, or tenement where preparations are being made for an exhibition of the fighting of dogs, with the intent to be present at such preparations, or to be knowingly present at such exhibition or to knowingly aid or abet another in such exhibition. Ala. Code 1975 3-1-1 - 29; 3-6-1 - 4; 3-6A-1 - 8; 3-7A-1 - 16; 3-8-1; 9-11-305 - 307; 9-11-238; 45-37A-53.01, AL ST 3-1-1 - 29; 3-6-1 - 4; 3-6A-1 - 8; 3-7A-1 - 16; 3-8-1; 9-11-305 - 307; 9-11-238; 45-37A-53.01. Licensed to practice law in Georgia and Florida in 1994. 3. (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. 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. b. (Acts 1990, No. (Acts 1993, No. Every municipality with a population over 5,000 in which the county pound is not located shall maintain a suitable pound or contribute their pro rata share to the staffing and upkeep of the county pound. (1) Notwithstanding the other provisions of this chapter, the State Board of Health by rule may establish procedures and qualifications for an exemption from the requirement for a vaccination for an animal if a rabies vaccination would be injurious to the animal's health. 3-7A-2. 607, p. 812, 9901, as amended, effective January 1, 1980. (a) If a dog that has previously been declared by a court to be dangerous, when unjustified, attacks and causes serious physical injury or death to a person, the owner of the dog shall be guilty of a Class B felony. (2) If the court determines that the dog is dangerous, but has not caused serious physical injury or death to a person, the court shall determine whether the dog has a propensity to cause future serious physical injury or death. Prev Next LawServer is for purposes of information only and is no substitute for legal advice. Each case varies depending on the situation. Rabies Vaccine. All members of the domesticated feline (Felis catus) family. Except as provided for in Section 3-7A-6, any person violating or aiding or abetting the violation of any provision of this chapter, or counterfeiting or forging any certificate, or making any misrepresentation in regard to any matter prescribed by this chapter or rule promulgated hereunder or except as otherwise provided, or resisting, obstructing, or impeding any authorized officer in enforcing the provisions of this chapter, or refusing to produce for immunization any animal in his or her possession for which rabies vaccine is recognized and recommended, or for failing to report an animal bite, shall be charged with a Class C misdemeanor, and for the purpose of enforcing this chapter, resort may be had to any court of competent jurisdiction. (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. If the owner of an impounded animal is known, the owner shall be given direct notice of the impoundment. Alexandria, AL 36250. (d) If a dog that has not been declared by a court to be dangerous, when unjustified, attacks and causes physical injury 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 B misdemeanor. c. Provides adequate ventilation and protection from the elements. Relation to Volunteer Service Act. Residents throughout the community spoke for or against a proposed "leash law" ordinance that could affect county residents during a public hearing Monday hosted by the Chilton County Commission. Originally called the Alabama Court Clerk's Association, the group was established in 1991. Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. 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. (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. Replacement of certificate and tag. Lynne Whitten, Supervisor - Appeals. This site is protected by reCAPTCHA and the Google, There is a newer version Animals 3-1-6 on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. (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. (Code 1907, 2470; Code 1923, 5678; Code 1940, T. 3, 3.). 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. 3-7A-7 . (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. (Code 1907, 2471; Code 1923, 5679; Code 1940, T. 3, 6.). Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. Cite this article: FindLaw.com - Alabama Code Title 3. (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. (c) For purposes of this section, livestock is defined as equine or equidae, cows, swine, goats, and sheep. 3-6-1. ANIMALS. Read this complete Alabama Code Title 3. At its discretion, the humane society or other agency handling stray animals shall humanely dispatch or dispose of any confiscated dog. Feel free to ask any questions you have before hiring a lawyer to make sure you understand what . 3-7A-11. Calhoun County, AL Attorney. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Vaccinated dogs, cats, and ferrets may be authorized to be quarantined in the home of the owner of the animal by the appropriate health officer. An additional paper copy or electronic copy or listing shall be provided to the local rabies enforcement authority upon request by the authority and in the manner as so requested. (d) Nothing in this chapter shall be construed to require any county or municipality to employ or make available an animal control officer. 9-11-306 . Mr. Howard Wayne East. (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. (a) Every person owning or having in charge any dog or dogs shall at all times confine such dog or dogs to the limits of his own premises or the premises on which such dog or dogs is or are regularly kept. 3-1-7 . If any dog shall, without provocation, bite or injure any person who is at the time at a place where he or she has a legal right to be, the owner of such dog shall be liable in damages to the person so bitten or injured, but such liability shall arise only when the person so bitten or injured is upon property owned or controlled by the owner of such dog at the time such bite or injury occurs or when such person has been immediately prior to such time on such property and has been pursued therefrom by such dog. Article 5. Construction with other laws; penalties. An agent of a county or municipality vested with impounding authority for animals covered under this chapter. Calhoun County Family Court -- Child Custody Info - LegalConsumer.com 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). 9-11-307 . Entered active duty in the United States Army . 3-1-29. AL - Dog - Consolidated Dog Laws | Animal Legal & Historical Center 3-6A-4. Placement of area under quarantine; additional measures. There's a simmering controversy in Calhoun County over animal control. 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. the corporate limits of any city or town in this state that requires a license tag (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. (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. 461, p. 702; Code 1923, 3223; Code 1940, T. 3, 60.). (Acts 1915, No. Courts - Calhoun County, AL (Court Records & Calendars) (2) If the owner or keeper presents sufficient evidence for the judge presiding over the hearing to determine that the owner or keeper is indigent, the owner or keeper may be relieved of the requirement to post a bond or deposit funds with the clerk of the court and may be relieved of the forfeiture provision under subdivision (1). Please call your County Department of Human Resources or local law enforcement agency to report suspected abuse or neglect. Local laws, such as local animal control ordinances, are part of a city and/or county code. 45-37A-53.01. Horse show, rodeo, or dog and pony shows (Ala.Code 1975 40-12-111), Chapter 9. (Acts 1990, No. 3-1-3 . 90-530, p. 816, 9; Act 2009-636, p. 1949, 1.). No such animal shall be burned or buried sufficiently near a residence or residences as to create a nuisance. CALHOUN COUNTY, ALABAMA NOVEMBER 8, 2022 ABSENTEE OFFICIAL BALLOT BALLOT STYLE - 1 GENERAL AND CONSTITUTIONAL AMENDMENT ELECTION CALHOUN COUNTY, ALABAMA . (Acts 1990, No. (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. d. Exhibits a sign conspicuously posted upon the pen or the structure containing the following: Dangerous Dog--No Trespassing.. g.1. 3-1-6 . (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. (Acts 1982, No. | https://codes.findlaw.com/al/title-3-animals/al-code-sect-3-1-5/. Birmingham. 607, p. 812, 9901, as amended, effective January 1, 1980. This site is not a law firm and cannot offer legal advice. 3-7A-9 . (256) 235-3863. If the appropriate jurisdiction does not employ an animal control officer, the duties of this chapter shall be carried out by a law enforcement officer. Sess., p. 207, 1.). (Proposed by Act 2022-117) YES NO S TA EWI DM N 3 Article 8. 3-1-11.1 . 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. 2023 Michigan State University College of Law. . (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. 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. https://codes.findlaw.com/al/title-3-animals/al-code-sect-3-1-5/, Read this complete Alabama Code Title 3. (e) Instructions for the quarantine of the offending animal shall be delivered in person or by telephone or facsimile to the owner by the health officer or his or her authorized agent. Even if you plan to work with a lawyer, it's smart to do some research before . 3-1-28. 1975-01 - Ordinance Regulating The Erection, Construction And Enlargement, . 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. Attorney Ratings. Calhoun County | Online Services At public rabies clinics, the rabies officer may charge an immunization fee established by a committee consisting of the State Health Officer, the State Veterinarian, and the president of the Alabama Veterinary Medical Association, and approved by the State Board of Health prior to the first day of January each year. (Acts 1990, No. Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. 185, p. 259; Code 1923, 3221; Code 1940, T. 3, 5.). The administration of rabies vaccine to species other than those for which reliable immunization data is available shall be a violation of this chapter. In case the owner of an impounded animal desires to redeem the animal, he or she may do so on the following condition: He or she shall pay for the immunization of the animal and a penalty equal to the minimum fine established in Section 3-7A-6 if a certificate of current immunization cannot be produced, and for the board of the animal for the period for which it was impounded. Most courts now offer at least some materials and forms to help you understand and manage your child custody case. When any person owns or keeps a vicious or dangerous animal of any kind and, as a result of his careless management of the same or his allowing the same to go at liberty, and another person, without fault on his part, is injured thereby, such owner or keeper shall be liable in damages for such injury. Unauthorized access or use is not permitted and constitutes a crime punishable by law. 3-1-1. 1. review. (Acts 1990, No. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. Alabama Code 45-49-170.03. (8) Impounding officer. Cullman County Animal Control Division Director Tim McKoy said the county has a leash law. 90-530, p. 816, 7; Act 2009-636, p. 1949, 1.). Or perhaps, the lack of animal control. 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. For dogs that haven't been. Get free summaries of new opinions delivered to your inbox! fined not less than $2.00 nor more than $50.00. b. 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. Chance of rain 80%.. . (a) Every person owning or having in charge any dog or dogs shall at all times confine such dog or dogs to the limits of his own premises or the premises on which such dog or dogs is or are regularly kept. After hearing from residents, the county commission approved the leash law. State Building Code - Alabama 3-1-3. (e) An appointed veterinarian or officer of the humane society or other animal welfare agency may upon delivery or at any time thereafter destroy the animal that is in his or her opinion injured, diseased past recovery, or whose continued existence is inhumane and destruction is necessary to relieve pain or suffering. 3-1-10 . Title 3. . 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. Reasonable costs shall include, but not be limited to, transportation, food, shelter, and care, including veterinary care. ANIMALS. (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. WILDLIFE MANAGEMENT AREAS. (2) In lieu of the investigation, the owner of the alleged dangerous dog may consent to the dog being humanely euthanized. 9 sec. 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. Part 4. 3-7A-6 . Alabama law does not make this action a crime, although theft or property damage laws may apply. Destruction of domesticated species exposed to rabid animal; quarantine as option on recommendation of Department of Public Health. 668, p. 1061, 6; Code 1940, T. 8, 110(6).). CHAPTER 11. 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. Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same. 3-1-11.1. 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. Maintenance of pound; notice of impoundment; adoption of animals. How to Find Sex Offender Information. Killing or disabling livestock; penalty. General Provisions. c. The owner of the dangerous dog shall provide a copy of the certificate of the current rabies vaccination of the dog. Isn'tit better if dogs run wild and just have fun?" Uh -- no! Contact the AL Dept. (9) Owner. 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. 82- 626, p. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Calhoun County, AL Attorney. Title 45. Calhoun County Family Lawyers | Compare Top Rated Alabama Attorneys Government, Calhoun County, Alabama. Cullman, AL (35055) Today. All members of the canine family including dog hybrids. 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. ; failure to burn or bury dead animal, etc. (4) Dangerous dog. RABIES VACCINE. on which such dog or dogs is or are regularly kept. PDF Calhoun County Ordinances Animals. The owner of the dog, if known, shall be served with a copy of the petition. Rain. (8) Physical injury. Destruction of certain abandoned animals by members, etc., of societies for prevention of cruelty to animals. (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. When person deemed lawfully on property of owner of dog. Nearly every administrationin the country has a leash law. 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. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. 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. of Economic and Community Affairs at 334-242-5290 as well as city or county building departments concerning codes for residential and most commercial property. 3-7A-10. (c) The county health department is authorized to promulgate and enforce any reasonable rules and regulations necessary to implement this section. Injury or destruction of dipping vat of another. 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. Liability of owner, etc., for injuries caused by rabid dog. Carrie Hudson - Domestic Relations. (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. Dogs are considered vicious that have bitten or have threatened to bite persons. Any expenses incurred in the quarantine of the offending animal under this section and Section 3-7A-8 shall be borne by the owner. CHAPTER 6. 477, p. 541; Code 1923, 6073; Code 1940, T. 3, 2.). 3-7A-16. Construction and application of chapter. Provided, however, the owner has the option of quarantining the animal or animals based on the recommendations of the Alabama Department of Public Health upon consultation with the U.S. Public Health Service. Calhoun County uses the latest encryption technology to safeguard information entered into the system. Killing or disabling livestock; penalty. 2. (Ala. Code 1975 3-1-29), 3-5-3. Shirley A. Millwood. 383, p. 813, 8; Code 1940, T. 8, 89.). Injury or destruction of dipping vat of another. (Acts 1990, No. Calhoun County Lawyers - Compare Top Attorneys in Calhoun County (2) Hunting dog. to be kept on dogs nor shall this section apply in any county in this state until Copyright 2023, Thomson Reuters. d. The dangerous dog shall be spayed or neutered. 3-1-29. Kim McCarson, Circuit Clerk. Upon the trial, the defendant may prove in mitigation or justification, as the jury may determine, that, at the time of the killing, disabling, disfiguring, destruction or injury, the animal killed, disabled, disfigured, destroyed or injured was trespassing and had within six months previously thereto trespassed upon a growing crop, inclosed by a lawful fence or while such animal was running at large in violation of law. 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. 3-1-13. City of Madison adopts new animal tethering ordinance TITLE 3. b. (b) In addition to being guilty of a Class C felony, 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 liable for damages sustained by the killing, disabling, disfiguring, or destroying of the livestock in an amount equal to double the value thereof. (b) It shall be unlawful and in violation of the provisions of this chapter for any person to import, receive, sell, offer for sale, barter, or exchange animal rabies vaccine, other than antirabies vaccine intended for human use, to anyone except a duly licensed veterinarian. Permitting dog or hog known to kill, etc., sheep, domestic fowl, etc., to run at large. 84-796, p. 206; Act 2011-542, 1.). ARTICLE 10. The State Health Officer or any county health officer as defined in Section 22-3-2, or his or her designee. All members of the ferret (Mustela putorius furo) family. Chapter 6. 3-1-5.1. Residents address commission regarding "leash law" ordinance View Website View Lawyer Profile Email Lawyer. If the humane society determines that the animal cannot be sold, it may cause the animal to be otherwise disposed of. Destruction of certain abandoned animals by members, etc., of societies for prevention of cruelty to animals. 90-530, p. 816, 8; Act 2009-636, p. 1949, 1.). CHAPTER 1. (Code 1867, 1296; Code 1876, 1601; Code 1886, 1379; Code 1896, 421; Code 1907, 2832; Code 1923, 6072; Code 1940, T. 3, 1.). If any dog, not being at the time on the premises of the owner or person having charge thereof, shall kill or injure any livestock, the owner or person having such dog in charge shall be liable for damages sustained by the killing or maiming of any livestock and for the full costs of the action. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. (256) 847-3777 8385 Alabama Highway 144. The affidavit or testimony of the health officer or his or her authorized agent, who delivers or mails the instructions, shall be prima facie evidence of the receipt of such instructions by the owner of the animal. (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. Calhoun County, AL Family Law Attorney. (Code 1876, 4411; Code 1886, 3871; Code 1896, 5092; Code 1907, 6231; Code 1923, 3213; Code 1940, T. 3, 10.). 3-7A-13 . Shirley A. Millwood. 3-7A-2 . The rabies officer may be removed from office, for cause, by the county board of health or the State Health Officer. Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. Comprehensive lawyer profiles including fees, education, jurisdictions, awards, publications and social media. 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. (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. Animal Control - Calhoun County, Alabama When dogs permitted in areas; liability of owners of dogs at large in areas. Applications shall be provided to the chair of each county board of health during the month of November. CHAPTER 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. Property Line and Fence Laws in Alabama - FindLaw Leash law violations up | | cullmantimes.com (Acts 1990, No.