If the owner of an impounded animal is known, the owner shall be given direct notice of the impoundment. You already receive all suggested Justia Opinion Summary Newsletters. 9-11-305. Section 3-1-5 - Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. (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. 3-1-12. (6) Health officer. How to Find Sex Offender Information. Notice of such rules and regulations shall be given by publication 30 days before the effective date. Contact us. RABIES VACCINE. (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. (Code 1876, 4405; Code 1886, 4171; Code 1896, 5591; Code 1907, 6236; Code 1923, 3219; Code 1940, T. 3, 4.). (Acts 1990, No. 3-6A-7. Mr. Howard Wayne East. Code of Alabama. (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. the same has been adopted by the county commission of such county. 185, p. 259; Code 1923, 3221; Code 1940, T. 3, 5.). 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. TITLE 9. (9) Owner. (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. 3-7A-2 . Horse show, rodeo, or dog and pony shows (Ala.Code 1975 40-12-111), Chapter 9. Birmingham. Animals. 90-530, p. 816, 7; Act 2009-636, p. 1949, 1.). (8) Impounding officer. Get free summaries of new opinions delivered to your inbox! Construction and application of chapter. Activities relating to fighting of dogs prohibited; violations; confiscation; procedures for disposition of animals; bond for the care of seized dog; forfeiture. Unlawful or malicious killing, injury, etc., of dog of another. Certificates not complying with the provisions of this section, or certificates issued by those persons unauthorized to administer rabies vaccine, shall not be valid. Alabama Property Line and Fence Laws at a Glance 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. Chapter 8. 3-1-29. 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. TITLE 3. . . (4) Dangerous dog. 3-1-8. ANIMALS. Keeping of dogs in certain vacant lots. Destruction of domesticated species exposed to rabid animal; quarantine as option on recommendation of Department of Public Health. Rabies; Title 3. (Acts 1990, No. When person deemed lawfully on property of owner of dog. Isn'tit better if dogs run wild and just have fun?" Uh -- no! Violators will . 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. 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. (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. Alabama Code 45-49-170.03. Prev Next 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. 9 sec. When person deemed lawfully on property of owner of dog. to be kept on dogs nor shall this section apply in any county in this state until 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. 3-7A-10 . (Ala. Code 1975 3-1-29), 3-5-3. 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. 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. Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. Repealed by Acts 1977, No. ANIMALS. The court shall award the animals to the humane society or other agency handling stray animals. Dogs and cats to be immunized; certificate; validity; to whom sale, etc., of vaccine may be made. (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. (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. The surety bond required by subparagraph 1. shall provide coverage for dog bites, injuries, or death caused by the dog. Calhoun County District CourtUnlawful Detainer/Eviction Procedures. 90-530, p. 816, 3; 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. 2. 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. 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. Coincident with the issuance of the certificate of immunization, the rabies officer, his authorized representative, or any duly licensed veterinarian, who provided the certificate shall furnish a serially numbered tag bearing the same number and year as that of the certificate, which tag shall at all times be attached to a collar or harness worn by the dog or cat for which the certificate and tag have been issued. In Alabama, Calhoun County is ranked 50th of 67 counties in Courts per capita, and 9th of 67 counties in Courts per square mile. (b) This section shall not apply to the running at large of any dog or dogs within 3-1-5 . 3-6A-4. 3-1-8 . Is capable of being locked with a key or combination lock when the dog is within the structure. It ensures that you can not restrain pets with a leash or tether unless you are outside watching them. Feel free to ask any questions you have before hiring a lawyer to make sure you understand what . Current as of January 01, 2019 | Updated by FindLaw Staff. 3-1-11.1 . Nearly every administrationin the country has a leash law. CHAPTER 11. Animal advocates in the county say the there's no animal control officer to pick. 1. review. All rights reserved. Chapter 6. CALHOUN COUNTY ORDINANCES . (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. CHAPTER 8. Destruction of domesticated species exposed to rabid animal; quarantine as option on recommendation of Department of Public Health. Originally called the Alabama Court Clerk's Association, the group was established in 1991. The certificate shall be dated and signed by the person authorized to administer the vaccine. (256) 235-3863. Sterilization of Dogs and Cats. Burial or burning of bodies of dead animals generally; burning of hogs dying from cholera, etc. 3-1-3. Nothing in this section shall prevent the owner of any dog or dogs or other person The bond extension shall be considered in accordance with the procedures set forth in subsection (g). 3-1-5. 45-37A-53.01. (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. (12) Rabies officer. (c) For purposes of this section, livestock is defined as equine or equidae, cows, swine, goats, and sheep. (3) Bitten. 3-7A-10. (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). 3-1-28 . The best way to find an experienced family law attorney in Calhoun County, Alabama is to talk to the law office about your needs. Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same. There's a simmering controversy in Calhoun County over animal control. 3-6A-6. (7) Owner. (b) Nothing in this chapter is designed to abrogate any civil remedies available under statutory or common law. on which such dog or dogs is or are regularly kept. 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. Reasonable costs shall include, but not be limited to, transportation, food, shelter, and care, including veterinary care. 3-1-4 . (Acts 1990, No. Killing or disabling livestock; penalty. Birmingham School of Law and Thomas Goode Jones School of Law, Faulkner University Jacksonville State University and Gadsden State Community College Alabama. Where there is no local authority having jurisdiction (AHJ), the default code enforcement is by the State Fire Marshal. Commission Office 1702 Noble Street Suite 103 Anniston, AL 36201 Phone: 256-241-2800 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. (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. (Acts 1982, No. fined not less than $2.00 nor more than $50.00. (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. (10) Person. Any person having a right of property in a dog, cat, ferret, or other animal, or who keeps or harbors the animal, or who has it in his or her care, or acts as its custodian, or who permits the animal to remain on or about any premises occupied by him or her. Every lawyer is a little different and you may want to find the best family lawyer to address your individual situation. dogs to accompany such owner or other person or persons elsewhere than on the premises 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. Repealed by Act 2015-70, 1(12), effective April 21, 2015. (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. 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. (Acts 1939, No. (Code 1907, 2470; Code 1923, 5678; Code 1940, T. 3, 3.). Maintenance of pound; notice of impoundment; adoption of animals. 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. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. Calhoun County, AL Family Law Attorney. (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. The administration of rabies vaccine to species other than those for which reliable immunization data is available shall be a violation of this chapter. (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. Impoundment of dogs; redemption or destruction of impounded dogs. 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. Animals. (Acts 1990, No. Family Court Divisions: 256-231-1740, Suite 500. (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. 3-1-29 . 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. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. WILDLIFE MANAGEMENT AREAS. 9-11-306. 3-7A-5. (h) The court hearing shall be held as soon as practicable. 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. (d) Nothing in this chapter shall be construed to require any county or municipality to employ or make available an animal control officer. 3-1-13. 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. 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. ANIMALS. Kim McCarson, Circuit Clerk. (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. For dogs that haven't been. CONSERVATION AND NATURAL RESOURCES. 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. Local Laws Alabama Code Title 45. 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). Law Firm Website Law Firm Profile. 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. Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. Copyright 2023, Thomson Reuters. Placement of area under quarantine; additional measures. (Acts 1935, No. 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. (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. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. (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. At the hearing, the county attorney, municipal attorney, or municipal prosecutor shall present evidence that the dog is dangerous. 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. Cruelty to animals. 3-7A-16 . (Acts 1990, No. 3-1-10. 3-7A-5 . Dummier Young LLC. Liability of owner for damages done by livestock or animals running at large; judgment lien upon animal or livestock causing damage (Ala. Code 1975 3-5-3), 40-12-111. Alabama law is clear on reporting abuse and neglect of children under the age of 19. Government, Calhoun County, Alabama. You can explore additional available newsletters here. Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. (a) Whenever the rabies officer or the health officer receives information that a human being has been bitten or exposed by a dog, cat, or ferret required by this chapter to be immunized against rabies, the officer or his or her authorized agent shall cause the dog, cat, or ferret to be placed in quarantine under the direct supervision of a duly licensed veterinarian for rabies observation as prescribed in Section 3-7A-1. 3-7A-6 . (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. 3-7A-2. 607, p. 812, 9901, as amended, effective January 1, 1980. The Calhoun County Commission would like to welcome you to the Calhoun County WEB site and hope you will return often. (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. 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. (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. 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. TITLE 3. MADISON, Ala. - The City of Madison has a new animal tethering ordinance in place. Repealed by Acts 1977, No. Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. Box 1511 Montgomery, AL 36102-1511. Any dog trained to hunt wild game with a handler. . 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. Hunting, etc., of wild turkeys with dogs. The Petitioner must be a legal resident of Calhoun County and age 19 or older. Penalties for violations of provisions of article, etc. e. The enclosure shall be constructed to allow the dog to stand normally and without restriction and shall be not less than four times the length of the dog and two times the width of the dog. 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. 3-8-1. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. The following are merely procedural guidelines to attempt to aid you: Give a 7 business day notice to the tenant (for a yearly lease) OR 30 day notice to the tenant (for month to month, expired, or no lease). (3) To permit any act in violation of subdivisions (1) and (2) of this subsection. Article 5. More than 40 people attended the hearing, which started at 5 p.m. in the commission room at the Chilton County Courthouse. Before you file legal papers, take some time to familiarize yourself with the resouces offered by your local court. 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. Local Laws Current as of January 01, 2019 | Updated by FindLaw Staff Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Article 8. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. Or perhaps, the lack of animal control. 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. You're all set! 3-7A-7. 90-530, p. 816, 8; Act 2009-636, p. 1949, 1.). This chapter is known and may be cited as Emilys Law. ; failure to burn or bury dead animal, etc. A LeashLaw is one that prohibits dog owners from letting their dogs run loose,meaning dogs must always be confined or leashed. Applications shall be provided to the chair of each county board of health during the month of November. Contact information is as follows: Calhoun County Animal Control 3605 Morrisville Rd Anniston, AL 36201 Phone: 256-241-2929 animalcontrol@calhouncounty.org Contact the AL Dept. Duties of animal control officer. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Pell City does have a leash law, a vicious animal ordinance, and requires owners to be in control of their pets at all times. CALHOUN COUNTY, ALABAMA NOVEMBER 8, 2022 ABSENTEE OFFICIAL BALLOT BALLOT STYLE - 1 GENERAL AND CONSTITUTIONAL AMENDMENT ELECTION CALHOUN COUNTY, ALABAMA . No owner, lessee, proprietor, manager, superintendent, agent, or employee of any place of public accommodation, amusement or recreation, including, but not limited to, any inn, hotel, restaurant, eating establishment, barbershop, billiard parlor, store, public conveyance, theater, motion-picture house, public educational institution, or elevator shall refuse to permit a guide dog to accompany a blind person entering the place or making use of the accommodations available when the blind person is being led by the guide dog; if the guide dog is wearing a harness; and the blind person presents for inspection credentials issued by an accredited school for training guide dogs or the dog is being trained by a person employed by an accredited school for training guide dogs. It requires dogs be confined to owner's property. View Website View Lawyer Profile Email Lawyer. 3-1-1. Placement of area under quarantine; additional measures. 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. CHAPTER 11. Read this complete Alabama Code Title 3. Nothing in this chapter shall be construed to repeal other criminal laws. Liability of owner, etc., for injuries caused by rabid dog. An injury as defined in Section 13A-1-2(12). Cullman County Animal Control Division Director Tim McKoy said the county has a leash law.
No comments.