Destruction of certain abandoned animals by members, etc., of societies for prevention of cruelty to animals. (3) The owner or keeper may choose at any time to surrender the dog to the local animal shelter or other animal housing facility holding the dog. 3-6-2 . Has secure sides and a secure top attached at all sides. They must be appropriately confined at all times, either by a leash when off the property or other means to keep them within an owner's property. Construction with other laws; penalties. TITLE 9. In the event a tag or certificate is lost after it has been legally issued, every replacement thereof shall be upon such terms as may be agreed upon with the rabies officer or veterinarian by whom the animal has been immunized. Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. (Acts 1990, No. 3-1-5.1. Kim McCarson, Circuit Clerk. This chapter is known and may be cited as Emilys Law. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. 3-1-6 . 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. 607, p. 812, 9901, as amended, effective January 1, 1980. Repealed by Acts 1977, No. Please call your County Department of Human Resources or local law enforcement agency to report suspected abuse or neglect. Holding owners responsible | News | cullmantimes.com Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. (8) Impounding officer. Animals. (2) The sworn statement shall be delivered to an animal control officer who shall complete a dangerous dog investigation. Keeping of dogs in certain vacant lots. All members of the canine family including dog hybrids. Notice of such rules and regulations shall be given by publication 30 days before the effective date. Their vote makes the state law applicable to Elmore County. Box 1511 Montgomery, AL 36102-1511. AL - Dog - Consolidated Dog Laws | Animal Legal & Historical Center 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. 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. Local Laws Alabama Code Title 45. Elmore County Commission approves leash law - WSFA High 59F. 3-8-1. Alexandria, AL 36250. 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. 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. Article 8. 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. (6) Impounded. Chapter 7A. (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. 3-7A-13 . MADISON, Ala. - The City of Madison has a new animal tethering ordinance in place. Sworn statement; dangerous dog investigation; hearing; procedures. WILDLIFE MANAGEMENT AREAS. ARTICLE 10. Get free summaries of new opinions delivered to your inbox! 3-7A-8. (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. 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. Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. CHAPTER 1. (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. CALHOUN COUNTY ORDINANCES . Alabama Leash Law Dogs are not permitted to run at large in Alabama. 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. Top Criminal Defense Lawyers in Calhoun County, AL | FindLaw Liability of Owners of Dogs Biting or Injuring Persons; Title 3. ANIMALS. 3-1-15 - 3-1-27 omitted because unrelated to dogs. 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. Alabama Code 45-49-170.03. Calhoun County struggling over animal control -- or the lack of it - al.com (2) For amusement or gain, to cause any dog to fight with another dog, or cause any dogs to injure each other. ABA Votes To Keep Admission Tests Requirement Alabama law is clear on reporting abuse and neglect of children under the age of 19. Calhoun County Attorneys - LII Alabama Attorney Directory (a) Nothing in this chapter shall be construed to restrict or negate the requirements of the rabies control law contained in Sections 3-7A-1 to 3-7A-15, inclusive. (Acts 1990, No. (Acts 1990, No. Contact the AL Dept. Activities relating to fighting of dogs prohibited; violations; confiscation; procedures for disposition of animals; bond for the care of seized dog; forfeiture. Animals. 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 agent, officer or member of a duly incorporated society for the prevention of cruelty to animals may lawfully destroy or cause to be destroyed any animal found abandoned and not properly cared for which may appear, in the judgment of two reputable citizens called by him to view the same in his presence, to be superannuated, infirm, glandered, injured or diseased past recovery for any useful purpose. The form must be filled out completely before returning to the Calhoun County Probate Office. The age of the majority in Alabama is now 19. (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. Any expenses incurred in the quarantine of the offending animal under this section and Section 3-7A-8 shall be borne by the owner. The animal control officer shall file a summons for the owner of the dog, if known, with the municipal court or district court. Maintenance of pound; notice of impoundment; adoption of animals. Any dog that is trained to herd or protect livestock or to otherwise assist in agricultural work and is actually or has been used for such purposes. Calhoun County District CourtUnlawful Detainer/Eviction Procedures. 3-7A-16. Sess., No. the same has been adopted by the county commission of such county. d. Exhibits a sign conspicuously posted upon the pen or the structure containing the following: Dangerous Dog--No Trespassing.. Calhoun County Alabama 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. Animals 3-1-5 - last updated January 01, 2019 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. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. (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. (3) To permit any act in violation of subdivisions (1) and (2) of this subsection. A dog owner may be fined between $2 and $50 for failure to leash the dog. Dogs are considered vicious that have bitten or have threatened to bite persons. Injury or destruction of dipping vat of another. 3-1-6. (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. 3-1-10. Health and Environment. Unauthorized access or use is not permitted and constitutes a crime punishable by law. 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. Calhoun County Circuit Clerk's Office. (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. Horse show, rodeo, or dog and pony shows (Ala.Code 1975 40-12-111), Chapter 9. LawServer is for purposes of information only and is no substitute for legal advice. In that instance, a new certificate marked duplicate may be issued and distributed according to Section 3-7A-2. Rabies Vaccine. 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. (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. Code of Alabama. 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. 185, p. 259; Code 1923, 3221; Code 1940, T. 3, 5.). The Petitioner must be a legal resident of Calhoun County and age 19 or older. (Acts 1919, No. (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. Any person violating this section shall be guilty of a misdemeanor and shall be 607, p. 812, 9901, as amended, effective January 1, 1980. 3-7A-10 . (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. 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. 3-1-11. (Acts 1990, No. b. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. Get Help With Alabama Child Custody. Reasonable costs shall include, but not be limited to, transportation, food, shelter, and care, including veterinary care. Birmingham School of Law University of Alabama - Tuscaloosa 11th Circuit, Alabama and Federal Circuit Alabama State Bar. Courts - Calhoun County, AL (Court Records & Calendars) 3-1-29. b. 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. dogs to accompany such owner or other person or persons elsewhere than on the premises Liability of owner, etc., for injuries caused by rabid dog. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. CHAPTER 11. View Website View Lawyer Profile Email Lawyer. 3-1-13 . https://codes.findlaw.com/al/title-3-animals/al-code-sect-3-1-5/, Read this complete Alabama Code Title 3. ; failure to burn or bury dead animal, etc. 3-7A-9 . Section 3-1-5 - Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. Chapter 37A. Penalties for violations of provisions of article, etc. (2) Cat. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. For community cats, the inclusion or omission of just a few words in these laws can be the difference between life and death. (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. (Acts 1990, No. (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. At the hearing, the county attorney, municipal attorney, or municipal prosecutor shall present evidence that the dog is dangerous. Calhoun County, Alabama. (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 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. 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. View Lawyer Profile. General Provisions. 2 - Removal of County Seats, Texas Constitution Art. 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. 4 - County-Wide Hospital Districts in Certain Large Counties. (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. Attorney Ratings. 90-530, p. 816, 3; Act 2009-636, p. 1949, 1.). Anniston, AL - Municode Library CONSERVATION AND NATURAL RESOURCES. Sign up for our free summaries and get the latest delivered directly to you. 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. 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. In Alabama, Calhoun County is ranked 50th of 67 counties in Courts per capita, and 9th of 67 counties in Courts per square mile. County rabies officer; application; appointment; term; powers and duties; authority of county board of health. Birmingham. 3-7A-13. It shall be the duty of the rabies officer to immunize for rabies all dogs, cats, and ferrets covered under this chapter and he or she may employ as many licensed veterinarians to serve as deputies to aid him or her as he or she may desire. (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. 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. 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. (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). Upon a finding by the court that the seized animals are diseased, injured, or lack any useful purpose due to training or viciousness, it shall be within the authority of the humane society or other animal welfare agency to humanely destroy such animal. 90-530, p. 816, 10; Act 2009-636, p. 1949, 1.). 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. Repealed by Acts 1977, No. (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. The certificate shall be dated and signed by the person authorized to administer the vaccine. Even if you plan to work with a lawyer, it's smart to do some research before . 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. (6) Health officer. Any dog trained to hunt wild game with a handler. A person, firm, corporation, or organization having a right of property in a dog, or who keeps or harbors a dog, or who has a dog in his or her care or acts as the custodian of a dog, or who permits a dog to remain on or about any premises occupied by him or her. Destruction of impounded dogs and cats; when authorized; redemption by owner; sale of impounded animals. 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. Nothing in this chapter shall be construed to repeal other criminal laws. 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. Dogs and cats to be immunized; certificate; validity; to whom sale, etc., of vaccine may be made. Hogs dying from cholera or any other disease whatsoever shall be burned. (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. Stay up-to-date with how the law affects your life. (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. Rain. of (a) For the purposes of this section, the following terms shall have the following meanings: (1) Agricultural work dog. How to Find Sex Offender Information. 1975-01 - Ordinance Regulating The Erection, Construction And Enlargement, . (Code 1907, 2471; Code 1923, 5679; Code 1940, T. 3, 6.). (Code 1867, 1296; Code 1876, 1601; Code 1886, 1379; Code 1896, 421; Code 1907, 2832; Code 1923, 6072; Code 1940, T. 3, 1.). 3-1-8 . (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. Local laws, such as local animal control ordinances, are part of a city and/or county code. The surrender shall not be considered a presumption of guilt. 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 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. Alabama/ Title 45. Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same. Sess., p. 207, 1.). 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. CHAPTER 11. 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. (e) A copy of all investigations made pursuant to this section shall be kept on file in the animal control office or sheriff's office. 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. Local Laws. 3-1-29. Replacement of certificate and tag. 3-1-9. Animal Control Services - City of Pell City 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. (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. (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. on which such dog or dogs is or are regularly kept. (c) The county health department is authorized to promulgate and enforce any reasonable rules and regulations necessary to implement this section. 3-6-2. Jefferson County Municipalities. 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 3-1-5 . 3-1-11 . The owner shall provide proof of the surety bond each time the annual dangerous dog registration fee is paid. Those members of the canine family maintained by governmental agencies for exclusive use in official duties assigned to those agencies. 2nd Monday of each Month 5:30 P.M Work . 3-1-7 . Destruction of certain abandoned animals by members, etc., of societies for prevention of cruelty to animals. (1) As part of this petition, the state or entity holding the dog may seek an extension of any bond ordered by the judge under subsection (g), pending resolution of the civil forfeiture petition filed pursuant to this subsection. 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. 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.