Penalties for violations of provisions of article, etc. 3-7A-7. Penalty for dog or cat without tag or certificate. Activities relating to fighting of dogs prohibited; violations; confiscation; procedures for disposition of animals; bond for the care of seized dog; forfeiture. 9 sec. (Ala. Code 1975 3-1-29), 3-5-3. 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. Destruction of certain abandoned animals by members, etc., of societies for prevention of cruelty to animals. You already receive all suggested Justia Opinion Summary Newsletters. (8) Physical injury. Penalty for dog or cat without tag or certificate. (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. Section 3-1-5 - Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. (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. (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. 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, 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. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. to be kept on dogs nor shall this section apply in any county in this state until 45-37A-53.01. 3-1-29 . Activities relating to fighting of dogs prohibited; punishment; confiscation; procedures for disposition of animals. 607, p. 812, 9901, as amended, effective January 1, 1980. (Acts 1990, No. 90-530, p. 816, 10; Act 2009-636, p. 1949, 1.). 9-11-305. 3-7A-16 . Any person violating this section shall be guilty of a misdemeanor and shall be 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. (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 Each case varies depending on the situation. (256) 847-3777. Birmingham School of Law University of Alabama - Tuscaloosa 11th Circuit, Alabama and Federal Circuit Alabama State Bar. 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. 3-1-4 . TITLE 9. (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. Injury or destruction of dipping vat of another. Nearly every administrationin the country has a leash law. 3-7A-2 . (Acts 1993, No. There is 1 Court per 16,503 people, and 1 Court per 86 square miles. (Code 1907, 2471; Code 1923, 5679; Code 1940, T. 3, 6.). 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. 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. This site is not a law firm and cannot offer legal advice. c. Provides adequate ventilation and protection from the elements. 3-1-7 . Back to Top Alaska Leash 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. 9 sec. 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. The State Health Officer or any county health officer as defined in Section 22-3-2, or his or her designee. (c) For purposes of this section, livestock is defined as equine or equidae, cows, swine, goats, and sheep. How to Find Sex Offender Information. Law Firm Website Law Firm Profile. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. (7) Immunization against rabies. Alabama Code 45-49-170.03. (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. (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. The officer so taking such animal shall at the time of taking the animal give written notice to the owner or person from whose custody it was taken. Repealed by Acts 1977, No. Isn'tit better if dogs run wild and just have fun?" Uh -- no! TITLE 3. (12) Rabies officer. We intend to make this a site which will benefit each and every citizen of Calhoun County by providing valuable information into the day-to-day operation of your county government. 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. (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. CHAPTER 11. (e) In addition to any fines imposed by the court, a person guilty of violating subsection (a), (b), (c), or (d) shall pay all expenses, including, but not limited to, shelter, food, veterinary expenses for boarding, and veterinary expenses necessitated by impoundment of the dog, medical expenses incurred by a victim from an attack by a dangerous dog, and other expenses required for the destruction of the dog. Destruction of certain abandoned animals by members, etc., of societies for prevention of cruelty to animals. Seeing eye dogs shall be included within the meaning of this definition. 2 - Removal of County Seats, Texas Constitution Art. Liability of Owners of Dogs Biting or Injuring Persons; Title 3. 3-7A-10 . 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. Chapter 1. (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. . ARTICLE 10. 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. Repealed by Acts 1977, No. Jefferson County Municipalities. (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. 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. Rabies vaccine required for any canidae or felidae; applicability. ABA Votes To Keep Admission Tests Requirement 3-7A-13. 9-11-305 . (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. (Acts 1990, No. Article 5. Reasonable costs shall include, but not be limited to, transportation, food, shelter, and care, including veterinary care. Local Laws Alabama Code Title 45. 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. CALHOUN COUNTY, ALABAMA NOVEMBER 8, 2022 ABSENTEE OFFICIAL BALLOT BALLOT STYLE - 1 GENERAL AND CONSTITUTIONAL AMENDMENT ELECTION CALHOUN COUNTY, ALABAMA . Any dog trained to hunt wild game with a handler. Alabama Leash Law Dogs are not permitted to run at large in Alabama. 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. (5) Has been exposed. 3-1-13. Sign up for our free summaries and get the latest delivered directly to you. Mr. Howard Wayne East. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. The owner of the dog, if known, shall be served with a copy of the petition. If the humane society determines that the animal cannot be sold, it may cause the animal to be otherwise disposed of. 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. 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. Unlawful or malicious killing, injury, etc., of dog of another. (Acts 1990, No. 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. 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. High 59F. 90-530, p. 816, 14; Act 2009-636, p. 1949, 1.). Even if you plan to work with a lawyer, it's smart to do some research before . (9) Proper enclosure of a dangerous dog. 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. Construction with other laws; penalties. 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. 3-1-1. . b. Compare 46 attorneys in Calhoun County, Alabama on Justia. ANIMALS. . County rabies officer; application; appointment; term; powers and duties; authority of county board of health. 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. Please call your County Department of Human Resources or local law enforcement agency to report suspected abuse or neglect. Residents in Alabama, home to many pecan and oak trees, can recover additional damages if someone deliberately damages their tree. There's a simmering controversy in Calhoun County over animal control. (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. When dogs permitted in areas; liability of owners of dogs at large in areas. 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. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. For dogs that haven't been. (Proposed by Act 2022-117) YES NO S TA EWI DM N 3 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. 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. (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. GENERAL PROVISIONS. County rabies officer; application; appointment; term; powers and duties; authority of county board of health. Or perhaps, the lack of animal control. 3-8-1. FISH, GAME,AND WILDLIFE. View Lawyer Profile. It shall be unlawful for any person to suffer, allow, or permit any animal which is vicious, or presumed to be vicious, as herein defined, to be off the premises of the owner or person in charge unless said animal is caged or leashed and muzzled, and under such restraint as will prevent it from attacking or injuring a person or other animal. 3-1-4. In that instance, a new certificate marked duplicate may be issued and distributed according to Section 3-7A-2. Cullman County Animal Control Division Director Tim McKoy said the county has a leash law. (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. There are 7 Courts in Calhoun County, Alabama, serving a population of 115,527 people in an area of 606 square miles. Chapter 6. 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. - Repealed by Act 2015-70, 1(12), effective April 21, 2015. The rabies officer may be removed from office, for cause, by the county board of health or the State Health Officer. b. 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. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. (2) Hunting dog. Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. MADISON, Ala. - The City of Madison has a new animal tethering ordinance in place. A signed paper copy of the certificate prescribed herein shall be delivered to the owner of the animal immunized. 3-1-8. 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. (Acts 1935, No. (Acts 1967, No. 9-11-307. 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. Destruction of impounded dogs and cats; when authorized; redemption by owner; sale of impounded animals. (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. (2) The sworn statement shall be delivered to an animal control officer who shall complete a dangerous dog investigation. 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. 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. Current as of January 01, 2019 | Updated by FindLaw Staff. Dogs and cats to be immunized; certificate; validity; to whom sale, etc., of vaccine may be made. Alabama law does not make this action a crime, although theft or property damage laws may apply. 1. review. The court shall award the animals to the humane society or other agency handling stray animals. 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. Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. 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. Read this complete Alabama Code Title 3. Council Schedule. Calhoun County, AL Family Law Attorney with 13 years of experience. 9-11-307 . (a) In any city with a population of 300,000 inhabitants or more, according to the 1970 or any subsequent federal decennial census, no person shall put any dog or dogs in a vacant lot which is not adjacent or contiguous to his or her residence. (d) Nothing in this chapter shall be construed to require any county or municipality to employ or make available an animal control officer. All members of the canine family including dog hybrids. Sworn statement; dangerous dog investigation; hearing; procedures. Permitting dog or hog known to kill, etc., sheep, domestic fowl, etc., to run at large. Birmingham School of Law and Thomas Goode Jones School of Law, Faulkner University Jacksonville State University and Gadsden State Community College Alabama. (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. The bond extension shall be considered in accordance with the procedures set forth in subsection (g). . Repealed by Acts 1977, No. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. (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. (Acts 1982, No. All members of the domesticated canine (Canis familiaris) family. 84-796, p. 206; Act 2011-542, 1.). CHAPTER 1. Get Help With Alabama Child Custody. Ordinances often include sections on animal cruelty, ownership, at-large regulations, mandatory spay/neuter, and cat licensing. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. 3-6A-6. 3-7A-13 . fined not less than $2.00 nor more than $50.00. or dogs is or are regularly kept. This is a secure site. Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. CONSERVATION AND NATURAL RESOURCES. 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. Alabama law is clear on reporting abuse and neglect of children under the age of 19. Title 3. 3-1-3. 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. 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. Local laws, such as local animal control ordinances, are part of a city and/or county code. 3-1-6 . Evidence of immunization shall consist of a printed certificate furnished by the Alabama Department of Public Health, upon which shall be legibly inscribed: A description of the animal; its age, color, sex, breed, and tattoo identification, if any; the name and address of the owner; the lot number and type of vaccine used (modified live virus, inactivated virus); the name of the manufacturer, the amount of vaccine injected, and the date after which the animal is no longer considered vaccinated; and a serially numbered tag bearing the same number and year as that of the certificate. 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. 3-8-1 . (Acts 1939, No. Placement of area under quarantine; additional measures. Commission Office 1702 Noble Street Suite 103 Anniston, AL 36201 Phone: 256-241-2800 Animal advocates in the county say the there's no animal control officer to pick. Alexandria, AL 36250. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Nothing in this chapter shall be construed to repeal other criminal laws. Please be assured that your information will remain confidential and will not be shared. Burial or burning of bodies of dead animals generally; burning of hogs dying from cholera, etc. (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. Sterilization of Dogs and Cats. (f)(1) When a dog declared to be dangerous is outside and not contained in the proper enclosure of a dangerous dog pursuant to Section 3-6A-3, the owner of the dangerous dog shall be present and shall restrain the dangerous dog with a secure collar and leash. Repealed by Acts 1977, No. (Acts 1990, No. 3-1-8 . Unlawful or malicious killing, injury, etc., of dog of another. g.1. TITLE 9. Is capable of being locked with a key or combination lock when the dog is within the structure. (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. 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. (2) For amusement or gain, to cause any dog to fight with another dog, or cause any dogs to injure each other. ; failure to burn or bury dead animal, etc. When person deemed lawfully on property of owner of dog. Killing or disabling livestock; penalty. Relation to Volunteer Service Act. 3-7A-11. (Acts 1990, No. Penalties for violations of provisions of article, etc. 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. Destruction of domesticated species exposed to rabid animal; quarantine as option on recommendation of Department of Public Health. 3-1-15 - 3-1-27 omitted because unrelated to dogs. Violators will . 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.