(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. (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. (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. d. The dangerous dog shall be spayed or neutered. 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. (2) In lieu of the investigation, the owner of the alleged dangerous dog may consent to the dog being humanely euthanized. (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. 3-8-1. 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. 90-530, p. 816, 11; Act 2009-636, p. 1949, 1.). (6) Impounded. Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same. 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. 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. Email: animalcenter@cityofpellcity.net. 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. You can explore additional available newsletters here. 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. 9 sec. Injury or destruction of dipping vat of another. [Link to page for provisions for Chilton County only (Ala.Code 1975 45-11-172 - 172.08)]. View Website View Lawyer Profile Email Lawyer. (Acts 1993, No. (Acts 1990, No. Chance of rain 80%.. . (2) The sworn statement shall be delivered to an animal control officer who shall complete a dangerous dog investigation. 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. (8) Physical injury. Repealed by Acts 1977, No. 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. 4 - County-Wide Hospital Districts in Certain Large Counties. When dogs permitted in areas; liability of owners of dogs at large in areas. d. Exhibits a sign conspicuously posted upon the pen or the structure containing the following: Dangerous Dog--No Trespassing.. 3-1-11. Sworn statement; dangerous dog investigation; hearing; procedures. Keeping of dogs in certain vacant lots. 607, p. 812, 9901, as amended, effective January 1, 1980. Sess., p. 207, 1.). The Calhoun County Commission would like to welcome you to the Calhoun County WEB site and hope you will return often. It is unlawful for the owner to sell, give away, transfer to another location, or otherwise dispose of any animal that is known to have bitten or exposed a human being until it is released from quarantine by the rabies officer, duly licensed veterinarian, or by the appropriate health officer. ; failure to burn or bury dead animal, etc. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 3-1-2. 82-461, p. 739; Acts 1984, 1st Ex. GENERAL PROVISIONS. 3-7A-11. 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. All members of the ferret (Mustela putorius furo) family. 3-1-12. 3-1-28. Winds NE at 5 to 10 mph. 1-A - Authority of Coastal Counties to Regulate Motor Vehicles and Littering On Beaches, Texas Constitution Art. Hunting, etc., of wild turkeys with dogs. Sign up for our free summaries and get the latest delivered directly to you. 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. Jefferson County Municipalities. 3-1-7 . 2. (2) Hunting dog. (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 animal control officer shall file a summons for the owner of the dog, if known, with the municipal court or district court. Repealed by Acts 1977, No. Contact information is as follows: Calhoun County Animal Control 3605 Morrisville Rd Anniston, AL 36201 Phone: 256-241-2929 animalcontrol@calhouncounty.org Construction and application of chapter. 1 - Creation and Modification of Counties, Texas Constitution Art. View Website View Lawyer Profile Email Lawyer. 90-530, p. 816, 1; Act 2009-636, p. 1949, 1.). Animals. (2) Cat. All members of the domesticated feline (Felis catus) family. [ 3-1-15 - 3-1-27 omitted because unrelated to dogs]. Most courts now offer at least some materials and forms to help you understand and manage your child custody case. 3-1-7 . Cite this article: FindLaw.com - Alabama Code Title 3. TITLE 9. 90-530, p. 816, 9; Act 2009-636, p. 1949, 1.). Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. (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. 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. (7) Owner. MADISON, Ala. - The City of Madison has a new animal tethering ordinance in place. . When collected, the said penalty shall accrue to the rabies officer or his agent, except in the case of a rabies officer employed full- time on salary, in which case the penalty shall accrue to the employing agency or agencies. Indiana Petition for Waiver of Reinstatement Fee, California Codes > Government Code > Title 3 - Government of Counties, Florida Statutes > Chapter 7 - County Boundaries, Florida Statutes > Title XI - County Organization and Intergovernmental Relations, Illinois Compiled Statutes > 55 ILCS 5 > Article 1 > Division 1-1 - Short Title, Boundaries, Jurisdiction, Illinois Compiled Statutes > 55 ILCS 5 > Article 1 > Division 1-2 - Alteration Of County Lines, Illinois Compiled Statutes > 55 ILCS 5 > Article 1 > Division 1-3 - New Counties, Illinois Compiled Statutes > 55 ILCS 5 > Article 1 > Division 1-4 - Uniting Counties, Illinois Compiled Statutes > Chapter 55 - Counties, Missouri Laws > Title VI - County, Township and Political Subdivision Government, New York Laws > Alternative County Government, Texas Constitution > Article 9 - Counties, Texas Constitution Art. The dog shall be held in impound until the owner complies with all orders of the court, but if the owner fails to comply with all orders of the court within 30 days of the court's order, the dog shall be humanely euthanized. 3-1-14. 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. this Section. (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. 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. The sheriff and his or her deputies in each county and the police officers in each incorporated municipality shall be aides, and are hereby instructed to cooperate with the rabies officer in carrying out the provisions of this chapter. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. CHAPTER 6. Or perhaps, the lack of animal control. Licensed to practice law in Georgia and Florida in 1994. 3-7A-7 . An enclosure for the confinement of a dog that has been declared dangerous that is suitable to prevent the entry of the general public and that does all of the following: a. County rabies officer; application; appointment; term; powers and duties; authority of county board of health. This site is not a law firm and cannot offer legal advice. Aggressive physical contact by a dog. Pell City does have a leash law, a vicious animal ordinance, and requires owners to be in control of their pets at all times. Section 3-1-5 Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. An agent of a county or municipality vested with impounding authority for animals covered under this chapter. 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. Get Help With Alabama Child Custody. A dog, regardless of its breed, that has bitten, attacked, or caused physical injury, serious physical injury, or death to a person without justification, except a dog that is a police animal as defined by Section 13A-11-260, used by law enforcement officials for legitimate law enforcement purposes. View Lawyer Profile. 9-11-307 . 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. The dangerous dog shall be microchipped. 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. For the purposes of this chapter, the following words shall have the following meanings: (1) Animal control officer. Code of Alabama. The administration of rabies vaccine to species other than those for which reliable immunization data is available shall be a violation of this chapter. (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. Get free summaries of new opinions delivered to your inbox! (2) An animal exempted under subdivision (1) shall be considered unvaccinated by the State Board of Health in the event of the animal's exposure to a confirmed or suspected rabid animal. Replacement of certificate and tag. (Ala. Code 1975 3-1-29), 3-5-3. Do not send reports of suspected abuse or neglect via email. LIABILITY OF OWNERS OF DOGS BITING OR INJURING PERSONS. (Acts 1990, No. Calhoun County, AL Attorney. Entered active duty in the United States Army . (6) Upon resolution of any criminal charges brought against the owner or keeper of the dog confiscated pursuant to this section, the owner or keeper shall be refunded the amount remaining on any bond posted or funds deposited in accordance with this section not expended for the seizure, care, keeping, or disposal of the dog. Animals 3-1-5 on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. 3-1-1 . b. Alabama Law Enforcement Agency Criminal Records and Identification Unit P.O. The appointee's term of office shall expire on December 31 of the year of appointment; provided, however, that he or she shall be eligible for reappointment. ABA Votes To Keep Admission Tests Requirement (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. 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. 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). Hogs dying from cholera or any other disease whatsoever shall be burned. Attorney Ratings. Calhoun County, AL Family Law Attorney. Compare 46 attorneys in Calhoun County, Alabama on Justia. 90-530, p. 816, 8; Act 2009-636, p. 1949, 1.). Animals 3-1-6 on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (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. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. 607, p. 812, 9901, as amended, effective January 1, 1980. Killing or disabling livestock; penalty. Health and Environment. (Acts 1935, No. Notwithstanding the above, the State Board of Health may establish by rule vaccine intervals or specific vaccines, or both, to be used in public rabies vaccination clinics, based on considerations such as county specific prevalence of animal rabies or risk of animal rabies and the vaccination rates of dogs, cats, and ferrets in a county. the same has been adopted by the county commission of such county. 3-7A-5. When the sworn statement claims that a dog has caused serious physical injury or death to a person, the duties of the animal control officer, including, but not limited to, the dangerous dog investigation, shall be carried out by a law enforcement officer. An injury as defined in Section 13A-1-2. Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. 1180.). Ordinances often include sections on animal cruelty, ownership, at-large regulations, mandatory spay/neuter, and cat licensing. (11) Quarantine for rabies observation. Current as of January 01, 2019 | Updated by FindLaw Staff. A signed paper copy of the certificate prescribed herein shall be delivered to the owner of the animal immunized. Article 5. (c) For purposes of this section, livestock is defined as equine or equidae, cows, swine, goats, and sheep. 3-1-8 . Stay up-to-date with how the law affects your life. (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. Destruction of impounded dogs and cats; when authorized; redemption by owner; sale of impounded animals. 2023 LawServer Online, Inc. All rights reserved. 2023 Michigan State University College of Law. Copyright 2023, Thomson Reuters. Replacement of certificate and tag. 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. 2nd Monday of each Month 5:30 P.M Work . (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. Relation to Volunteer Service Act. Local Laws Alabama Code Title 45. 93-719, p. 1406, 1-3; Act 2004-627, p. 1421, 1.). 3-1-11.1 . For dogs that haven't been. 82- 626, p. Shirley A. Millwood. 3-7A-11 . At the hearing, the county attorney, municipal attorney, or municipal prosecutor shall present evidence that the dog is dangerous. 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. CONSERVATION AND NATURAL RESOURCES. View Website View Lawyer Profile Email Lawyer. (9) Proper enclosure of a dangerous dog. All members of the canine family including dog hybrids. Rabies Vaccine. The court shall set a hearing date no more than 10 days from filing of the application and shall give notice of the same to the owner or keeper of the dog. Nothing in this section shall prevent the owner of any dog or dogs or other person 3-1-5.1. AL 35128. 9-11-306 . (5) Has been exposed. Alabama Leash Law Dogs are not permitted to run at large in Alabama. There's a simmering controversy in Calhoun County over animal control. (a) For the purposes of this section, the following terms shall have the following meanings: (1) Agricultural work dog. CALHOUN COUNTY ORDINANCES . High 59F. Birmingham School of Law and Thomas Goode Jones School of Law, Faulkner University. 3-7A-13. Activities relating to fighting of dogs prohibited; violations; confiscation; procedures for disposition of animals; bond for the care of seized dog; forfeiture. c. Provides adequate ventilation and protection from the elements. Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. 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. (Code 1907, 2470; Code 1923, 5678; Code 1940, T. 3, 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. Animals. Kim McCarson, Circuit Clerk. Penalty for dog or cat without tag or certificate. A dog owner may be fined between $2 and $50 for failure to leash the dog. 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. (c) The county health department is authorized to promulgate and enforce any reasonable rules and regulations necessary to implement this section. (Code 1876, 4405; Code 1886, 4171; Code 1896, 5591; Code 1907, 6236; Code 1923, 3219; Code 1940, T. 3, 4.). TITLE 3. Dogs are considered vicious that have bitten or have threatened to bite persons. . such dog or dogs to the limits of his own premises or the premises on which such dog More than 40 people attended the hearing, which started at 5 p.m. in the commission room at the Chilton County Courthouse. Sterilization of Dogs and Cats. (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. (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. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. 3-1-11 . Individuals, firms, partnerships, and associations. Maintenance of pound; notice of impoundment; adoption of animals. the corporate limits of any city or town in this state that requires a license tag Repealed by Act 2015-70, 1(12), effective April 21, 2015. 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. fined not less than $2.00 nor more than $50.00. dogs to accompany such owner or other person or persons elsewhere than on the premises Dummier Young LLC. A LeashLaw is one that prohibits dog owners from letting their dogs run loose,meaning dogs must always be confined or leashed. 3-1-13 . Part 4. 518, p. 1242; Act 99-698, 2nd Sp. 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. Back to Top Alaska Leash Law This is a secure site. . 3-1-11.1. 90-530, p. 816, 5; Act 2009-636, p. 1949, 1.). Any person violating this section shall be guilty of a misdemeanor and shall be Mr. Howard Wayne East. 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. Alabama/ Title 45. 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. (Acts 1990, No. 607, p. 812, 9901, as amended, effective January 1, 1980. Burial or burning of bodies of dead animals generally; burning of hogs dying from cholera, etc. (5) Dog. Animals. ANIMAL. (g) After confiscation, any entity holding a dog confiscated pursuant to this section may make application to the circuit court for issuance of an order requiring the owner or keeper of the dog to post a bond or deposit funds with the clerk of the court to cover the reasonable costs of the seizure, care, keeping, and the possible disposal of the dog. (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. James Vercell Seal. Calhoun County, AL Family Law Attorney with 13 years of experience. Nearly every administrationin the country has a leash law. 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. The best way to find an experienced family law attorney in Calhoun County, Alabama is to talk to the law office about your needs. Council Schedule. 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. 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. Injury or destruction of dipping vat of another. It requires dogs be confined to owner's property. Rabies vaccine required for any canidae or felidae; applicability. (c) Nothing in this chapter shall be construed to restrict the power of any county or municipality to adopt and enforce ordinances or regulations that comply with at least the minimum applicable standards set forth in this chapter. The filing fee is $65.00 Minor Name Changes You will need to contact an attorney for a minor name change 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. Residents in Alabama, home to many pecan and oak trees, can recover additional damages if someone deliberately damages their tree. Horse show, rodeo, or dog and pony shows (Ala.Code 1975 40-12-111), Chapter 9. 3-1-6 . 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. 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. Placement of area under quarantine; additional measures. 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. (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.