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. Birmingham. (7) Owner. 607, p. 812, 9901, as amended, effective January 1, 1980. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. 3-1-2 . 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. 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. 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. 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. 1. review. 3-1-7. Article 5. A LeashLaw is one that prohibits dog owners from letting their dogs run loose,meaning dogs must always be confined or leashed. 3-1-8 . 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. 3-7A-13 . It must be notarized outside the Calhoun County Probate Office. 3-1-6 . 93-719, p. 1406, 1-3; Act 2004-627, p. 1421, 1.). b. Chapter 7A. c. The owner of the dangerous dog shall provide a copy of the certificate of the current rabies vaccination of the dog. Rabies; Title 3. Feel free to ask any questions you have before hiring a lawyer to make sure you understand what . Alabama Code 45-49-170.03. 3-6A-8. (Proposed by Act 2022-117) YES NO S TA EWI DM N 3 f. The enclosure shall be locked at all times while the dog is inside the enclosure. 2nd Monday of each Month 5:30 P.M Work . 3-7A-7. Back to Top Alaska Leash Law Notwithstanding any provision of law to the contrary, it shall be illegal to own, maintain, sell, or trade any canidae or felidae for which there is no USDA licensed rabies vaccine. Calhoun County District CourtUnlawful Detainer/Eviction Procedures. James Vercell Seal. Nothing in this chapter shall be held to limit in any manner the power of any municipality to prohibit dogs, cats, or ferrets from running at large, regardless of rabies immunization status as herein provided; nor shall anything in this chapter be construed, in any manner, to limit the power of any municipality to further control and regulate dogs or cats in such municipality. Repealed by Acts 1977, No. High 59F. 90-530, p. 816, 1; Act 2009-636, p. 1949, 1.). 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. 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. 9-11-306. (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. 3-1-4 . 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. (Acts 1982, No. 3-7A-6. Applications shall be provided to the chair of each county board of health during the month of November. Local Laws Alabama Code Title 45. 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. (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. Penalties for violations of provisions of article, etc. - Repealed by Act 2015-70, 1(12), effective April 21, 2015. (3) Bitten. Comprehensive lawyer profiles including fees, education, jurisdictions, awards, publications and social media. 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. 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. Killing or disabling livestock; penalty. 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. 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. 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. 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. CONSERVATION AND NATURAL RESOURCES. Contact us. 3-7A-11. (Acts 1990, No. (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. 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. Animals 3-1-6 on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 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. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. 1. (Code 1907, 2470; Code 1923, 5678; Code 1940, T. 3, 3.). 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. 3-1-14. (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. The Petitioner must be a legal resident of Calhoun County and age 19 or older. 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. 1 - Creation and Modification of Counties, Texas Constitution Art. Leash laws; enforcement LawServer. Get free summaries of new opinions delivered to your inbox! 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. (Acts 1915, No. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. Ordinances often include sections on animal cruelty, ownership, at-large regulations, mandatory spay/neuter, and cat licensing. Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same. Phone:(205) 814-1567. Violators will . on which such dog or dogs is or are regularly kept. (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. Nothing in this chapter shall be construed to repeal other criminal laws. (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. Any dog trained to hunt wild game with a handler. FISH, GAME,AND WILDLIFE. ; failure to burn or bury dead animal, etc. h. The owner of the dangerous dog shall provide proof to the court that he or she has constructed a proper enclosure for a dangerous dog pursuant to Section 3-6A-3. Sterilization of Dogs and Cats. Placement of area under quarantine; additional measures. Prev Next When dogs permitted in areas; liability of owners of dogs at large in areas. 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. (2) Hunting dog. This is a secure site. 3-7A-16 . Rain. or dogs is or are regularly kept. 82-461, p. 739; Acts 1984, 1st Ex. 3-1-11.1. 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. Get Help With Alabama Child Custody. (Code 1876, 4405; Code 1886, 4171; Code 1896, 5591; Code 1907, 6236; Code 1923, 3219; Code 1940, T. 3, 4.). Alabama law does not make this action a crime, although theft or property damage laws may apply. Unlawful or malicious killing, injury, etc., of dog of another. or persons having such dog or dogs in his or their charge from allowing such dog or 90-530, p. 816, 7; Act 2009-636, p. 1949, 1.). 84-796, p. 206; Act 2011-542, 1.). (Acts 1919, No. 518, p. 1242; Act 99-698, 2nd Sp. (b) This section shall not apply to any person who is a licensed veterinarian operating his or her business in an area zoned therefor; nor shall this section apply to any person using dogs to guard his or her business. Pell City does have a leash law, a vicious animal ordinance, and requires owners to be in control of their pets at all times. 3-1-5. 3-1-7 . Birmingham School of Law University of Alabama - Tuscaloosa 11th Circuit, Alabama and Federal Circuit Alabama State Bar. 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. Penalties for violations of provisions of article, etc. (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. Burial or burning of bodies of dead animals generally; burning of hogs dying from cholera, 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. Activities relating to fighting of dogs prohibited; violations; confiscation; procedures for disposition of animals; bond for the care of seized dog; forfeiture. (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. Calhoun County, AL Attorney. (h) The court hearing shall be held as soon as practicable. Notice of such rules and regulations shall be given by publication 30 days before the effective date. Liability of owner, etc., for injuries caused by rabid 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. Mr. Howard Wayne East. Calhoun County, AL Family Law Attorney. (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 county board of health, not later than January 31 of the appointing year, shall select and appoint a nominee, subject to the approval of the State Health Officer and the State Veterinarian. Calhoun County, AL Family Law Attorney with 13 years of experience. An injury as defined in Section 13A-1-2. ANIMALS. 3-7A-2 . Replacement of certificate and tag. 3-7A-7 . 3-1-14 . (6) Impounded. Dogs and cats to be immunized; certificate; validity; to whom sale, etc., of vaccine may be made. 3-8-1 . (a) 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 guilty of a Class C felony. b. The dangerous dog shall be microchipped. Chance of rain 80%.. . Entered active duty in the United States Army . Birmingham School of Law and Thomas Goode Jones School of Law, Faulkner University. 3-1-15 - 3-1-27 omitted because unrelated to dogs. 3-7A-5 . 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. Any duly authorized officer or employee of a recognized humane society shall have the right to take charge of any animal which is sick or disabled due to neglect or is being cruelly treated or abused and to provide care for such animal until it is deemed to be in suitable condition to be returned to its owner or to the person from whose custody such animal was taken. Dummier Young LLC. (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. [Link to page for provisions for Chilton County only (Ala.Code 1975 45-11-172 - 172.08)]. (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. Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. Reasonable costs shall include, but not be limited to, transportation, food, shelter, and care, including veterinary care. Sworn statement; dangerous dog investigation; hearing; procedures. Unauthorized access or use is not permitted and constitutes a crime punishable by law. 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. The certificate shall be dated and signed by the person authorized to administer the vaccine. (2) The court shall set a hearing date no more than 20 days from the filing of the petition for civil forfeiture and shall give notice of the hearing to the owner or keeper of the dog. Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. Duties of animal control officer. Calhoun County, AL Attorney. 3-7A-10. There's a simmering controversy in Calhoun County over animal control. (a) It shall be a Class C felony for any person to do any of the following: (1) To own, possess, keep, or train any dog with the intent that such dog shall be engaged in an exhibition of fighting with another dog. For community cats, the inclusion or omission of just a few words in these laws can be the difference between life and death. Government, Calhoun County, Alabama. Cullman, AL (35055) Today. 3-1-6 . 9-11-238. 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. 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. There is 1 Court per 16,503 people, and 1 Court per 86 square miles. CALHOUN COUNTY ORDINANCES . (Acts 1993, No. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Any animal found by the court not to be diseased, injured, or lacking any useful purpose due to training or viciousness shall be delivered to a court-approved private veterinarian or a private housing facility under the supervision of a veterinarian. Individuals, firms, partnerships, and associations. How to Find Sex Offender Information. (10) Person. (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. (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. Repealed by Act 2015-70, 1(12), effective April 21, 2015. The filing fee is $65.00 Minor Name Changes You will need to contact an attorney for a minor name change Any person violating this section, whether by failure to burn or bury an animal dying or being killed in his possession or by causing the same to be burned in such proximity to a dwelling or in such other way as to become a nuisance shall be guilty of a misdemeanor and, on conviction, shall be fined not more than $50.00. (f) After confiscation the humane society or other animal welfare agency may make application to the circuit court for a hearing to determine whether any animal seized pursuant to subsection (c) shall be humanely destroyed due to disease, injury or lack of any useful purpose because of training or viciousness. Health and Environment. . (Ala. Code 1975 3-1-29), 3-5-3. 3-6-1 . The State Health Officer or any county health officer as defined in Section 22-3-2, or his or her designee. 3-1-3 . 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. (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). . (2) In lieu of the investigation, the owner of the alleged dangerous dog may consent to the dog being humanely euthanized. 383, p. 813, 8; Code 1940, T. 8, 89.). A dog owner may be fined between $2 and $50 for failure to leash the dog. 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. Council Schedule. Cruelty to animals. After hearing from residents, the county commission approved the leash law. (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. When person deemed lawfully on property of owner of dog. In Alabama, Calhoun County is ranked 50th of 67 counties in Courts per capita, and 9th of 67 counties in Courts per square mile. 9-11-307 . ANIMALS. Replacement of certificate and tag. The animal control officer shall file a summons for the owner of the dog, if known, with the municipal court or district court. There are 7 Courts in Calhoun County, Alabama, serving a population of 115,527 people in an area of 606 square miles. 607, p. 812, 9901, as amended, effective January 1, 1980. | https://codes.findlaw.com/al/title-3-animals/al-code-sect-3-1-5/. (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. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. The best way to find an experienced family law attorney in Calhoun County, Alabama is to talk to the law office about your needs. To declare the dog dangerous, the court shall find by reasonable satisfaction that the dog bit, attacked, or caused physical injury, serious physical injury, or death to a person without justification. (b) Nothing in this chapter is designed to abrogate any civil remedies available under statutory or common law. (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. LIABILITY OF OWNERS OF DOGS BITING OR INJURING PERSONS. All owners or custodians of animals which die or are killed in their possession or custody, other than such as are slaughtered for food, within 24 hours shall cause the bodies of such animals to be burned or buried at least two feet below the surface of the ground. Rabies vaccine required for any canidae or felidae; applicability. Graduated from Cumberland School of Law, Birmingham, Alabama in 1994. Alabama: Calhoun County Circuit Court 25 W 11th St, Anniston, AL 36201 Phone: (256) 231-1750. (10) Serious physical injury. 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. Copyright 2023, Thomson Reuters. 3-1-1 . Leash laws; enforcement. 2023 LawServer Online, Inc. All rights reserved. 3-6A-4. Title 3. Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. 3-6-1. c. The animal control officer shall send a copy of the investigation report to the county attorney, municipal attorney, or municipal prosecutor. (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. Activities relating to fighting of dogs prohibited; punishment; confiscation; procedures for disposition of animals. Destruction of domesticated species exposed to rabid animal; quarantine as option on recommendation of Department of Public Health. ARTICLE 10. AL 35128. It requires dogs be confined to owner's property. 90-530, p. 816, 14; Act 2009-636, p. 1949, 1.). Code of Alabama. (3) To permit any act in violation of subdivisions (1) and (2) of this subsection. broadband infrastructure by state law to public or private entities for providing or expanding broadband infrastructure. 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. Seeing eye dogs shall be included within the meaning of this definition. (Acts 1939, No. CONSERVATION AND NATURAL RESOURCES. 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. (Code 1896, 422; Code 1907, 2833; Code 1923, 6074; Code 1940, T. 3, 7.). 3-7A-9. (c) Any dog used to fight other dogs in violation of subsection (a) of this section shall be confiscated as contraband by the sheriff or other law enforcement officers and shall not be returned to the owner, trainer, or possessor of the dog.