3-7A-7. (256) 403-0521. The surety bond required by subparagraph 1. shall provide coverage for dog bites, injuries, or death caused by the dog. An injury as defined in Section 13A-1-2. Do not send reports of suspected abuse or neglect via email. Has secure sides and a secure top attached at all sides. (4) Ferret. Replacement of certificate and tag. At its discretion, the humane society or other agency handling stray animals shall humanely dispatch or dispose of any confiscated dog. 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. (Acts 1935, No. Family, Bankruptcy, Business and Divorce. 3-1-12 . Replacement of certificate and tag. 1975 Ordinances . 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. 3-7A-9 . Each case varies depending on the situation. (a) Every person owning or having in charge any dog or dogs shall at all times confine Health and Environment. 3-6A-6. c. The owner of the dangerous dog shall provide a copy of the certificate of the current rabies vaccination of the dog. 1 - Creation and Modification of Counties, Texas Constitution Art. 3-1-29. CHAPTER 11. Leash laws; enforcement. (5) The entity holding the dog confiscated pursuant to this section shall be entitled to draw on any bond posted or funds deposited to cover the actual costs incurred in the seizure, care, keeping, and the possible disposal of the dog. 3-1-29. Sess., p. 207, 1.). (Acts 1939, No. Alabama: Calhoun County Circuit Court 25 W 11th St, Anniston, AL 36201 Phone: (256) 231-1750. For the purposes of this chapter, the following words shall have the following meanings: (1) Animal control officer. 3-1-8. 3-1-28. 3-1-11 . 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. 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. 3-1-10. If the owner of an impounded animal is known, the owner shall be given direct notice of the impoundment. Rain. Cruelty to animals. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. Aggressive physical contact by a dog. (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. 3-7A-10 . (7) Immunization against rabies. 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. Hunting and Trapping of Birds and Game. (9) Owner. 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. 3-1-5.1. (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. TITLE 3. Animals. The form must be filled out completely before returning to the Calhoun County Probate Office. . TITLE 9. (Acts 1990, No. 3-6-2. The compensation of the rabies officer and his or her deputies shall be limited to the fees collected from enforcement of this chapter. Is capable of being locked with a key or combination lock when the dog is within the structure. c. Provides adequate ventilation and protection from the elements. Please be assured that your information will remain confidential and will not be shared. (c) For purposes of this section, livestock is defined as equine or equidae, cows, swine, goats, and sheep. (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. Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same. or persons having such dog or dogs in his or their charge from allowing such dog or 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. Kim McCarson, Circuit Clerk. 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. All members of the domesticated canine (Canis familiaris) family. (3) Bitten. Calhoun County Circuit Clerk's Office. Any person who hunts, pursues, captures or kills a wild turkey in this state with the aid of a dog at any time shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $25.00 nor more than $50.00 for each offense. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Destruction of impounded dogs and cats; when authorized; redemption by owner; sale of impounded animals. Title 45. Title 3. (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. If the court determines by reasonable satisfaction that the dog has such a propensity, the court may order the dog to be humanely euthanized by a licensed veterinarian or an authorized animal control officer or the court may order the dog be returned to its owner pursuant to all of the following conditions: a. 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. 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. [ 3-1-15 - 3-1-27 omitted because unrelated to dogs]. A LeashLaw is one that prohibits dog owners from letting their dogs run loose,meaning dogs must always be confined or leashed. 2023 LawServer Online, Inc. All rights reserved. (8) Physical injury. 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. (g) A dog that is the subject of a dangerous dog investigation may not be relocated and ownership may not be transferred pending the outcome of the investigation and hearing to determine whether to declare the dog to be dangerous. 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. 3-1-7 . Chance of rain 80%.. . Repealed by Acts 1977, No. Alabama Property Line and Fence Laws at a Glance (2) In lieu of the investigation, the owner of the alleged dangerous dog may consent to the dog being humanely euthanized. (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. Killing or disabling livestock; penalty. Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. 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. 3-7A-2 . Law Firm Website Law Firm Profile. (e) Instructions for the quarantine of the offending animal shall be delivered in person or by telephone or facsimile to the owner by the health officer or his or her authorized agent. 3-1-14. LawServer is for purposes of information only and is no substitute for legal advice. A dog owner may be fined between $2 and $50 for failure to leash the dog. Compare 46 attorneys in Calhoun County, Alabama on Justia. (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 Petitioner must be a legal resident of Calhoun County and age 19 or older. 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. Part 4. Animals 3-1-6 on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. AL 35128. 90-530, p. 816, 2; Act 2009-636, p. 1949, 1.). CONSERVATION AND NATURAL RESOURCES. Jefferson County Municipalities. Placement of area under quarantine; additional measures. 185, p. 259; Code 1923, 3221; Code 1940, T. 3, 5.). (11) Quarantine for rabies observation. Calhoun County, AL Family Law Attorney. Chapter 37A. 3-7A-5. 3-7A-7 . 3-7A-6 . (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. 93-719, p. 1406, 1-3; Act 2004-627, p. 1421, 1.). 3-6-1 . 383, p. 813, 8; Code 1940, T. 8, 89.). 9-11-238. 3-7A-11. (256) 847-3777. CHAPTER 6. 82-461, p. 739; Acts 1984, 1st Ex. 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 owner shall be required to obtain a surety bond of at least one hundred thousand dollars ($100,000) and shall provide proof to the court or animal control office. (a) For the purposes of this section, the following terms shall have the following meanings: (1) Agricultural work dog. (2) For amusement or gain, to cause any dog to fight with another dog, or cause any dogs to injure each other. 3-1-10 . 9-11-307. 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. ANIMAL. County rabies officer; application; appointment; term; powers and duties; authority of county board of health. 9-11-306 . 90-530, p. 816, 7; Act 2009-636, p. 1949, 1.). Violators will . TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. 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. 607, p. 812, 9901, as amended, effective January 1, 1980. 3. 9-11-306. 3-1-13 . Construction with other laws; penalties. 518, p. 1242; Act 99-698, 2nd Sp. 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. (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. (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. Any person violating this section shall be guilty of a misdemeanor and shall be (Code 1876, 4405; Code 1886, 4171; Code 1896, 5591; Code 1907, 6236; Code 1923, 3219; Code 1940, T. 3, 4.). Liability of owner, etc., for injuries caused by rabid dog. Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. Repealed by Acts 1977, No. Those interested should complete the Rescue Application and email it to the address below or if you have any questions please do not hesitate to call. (2) An owner of a dog declared to be dangerous who violates subdivision (1) shall be guilty of a Class C misdemeanor, except that a second or subsequent adjudication or conviction is a Class B misdemeanor. (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. 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. 9-11-307 . Animal advocates in the county say the there's no animal control officer to pick. Get free summaries of new opinions delivered to your inbox! (Acts 1993, No. (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. Individuals, firms, partnerships, and associations. (256) 847-3777 8385 Alabama Highway 144. 668, p. 1061, 6; Code 1940, T. 8, 110(6).). 3-1-7 . 3-1-5. (2) The sworn statement shall be delivered to an animal control officer who shall complete a dangerous dog investigation. 3-7A-5 . Suspected or confirmed contact of saliva with a break or abrasion of the skin or with any mucous membrane, as determined by the health officer or medical or law enforcement personnel. Birmingham School of Law University of Alabama - Tuscaloosa 11th Circuit, Alabama and Federal Circuit Alabama State Bar. James Vercell Seal. 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. Licensed to practice law in Georgia and Florida in 1994. Section 3-1-5 Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. 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. 9 sec. 607, p. 812, 9901, as amended, effective January 1, 1980. No person shall keep any dog which has been known to kill or worry sheep or other stock without being set upon the same. 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. (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. 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. 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. The dangerous dog shall be microchipped. 84-796, p. 206; Act 2011-542, 1.). Penalties for violations of provisions of article, etc. 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. You can explore additional available newsletters here. 3-7A-13. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Calhoun County, AL Attorney. 607, p. 812, 9901, as amended, effective January 1, 1980. (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. 3-7A-2. ; failure to burn or bury dead animal, etc. (Acts 1990, No. Mr. Howard Wayne East. (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. Permitting dog or hog known to kill, etc., sheep, domestic fowl, etc., to run at large. (Acts 1990, No. (10) Person. View Website View Lawyer Profile Email Lawyer. How to Find Sex Offender Information. All four sides of the fence or pen must be sunk at least two feet into the ground or the fence or pen must be built over a concrete pad to prevent the dog from digging out. d. The dangerous dog shall be spayed or neutered. 3-1-5 . 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. A signed paper copy of the certificate prescribed herein shall be delivered to the owner of the animal immunized. Destruction of domesticated species exposed to rabid animal; quarantine as option on recommendation of Department of Public Health. dogs to accompany such owner or other person or persons elsewhere than on the premises Any expenses incurred in the quarantine of the offending animal under this section and Section 3-7A-8 shall be borne by the owner. It must be notarized outside the Calhoun County Probate Office. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. 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. 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. 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 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. (Acts 1990, No. Criminal Defense Lawyers Serving Calhoun County, AL (Gardendale) Additional Office Locations. Local laws, such as local animal control ordinances, are part of a city and/or county code. broadband infrastructure by state law to public or private entities for providing or expanding broadband infrastructure. 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. 45-37A-53.01. Alabama/ Title 45. Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. MADISON, Ala. - The City of Madison has a new animal tethering ordinance in place. 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. Nothing in this section shall prevent the owner of any dog or dogs or other person or dogs is or are regularly kept. Killing or disabling livestock; penalty. View Lawyer Profile. Contact us. Where there is no local authority having jurisdiction (AHJ), the default code enforcement is by the State Fire Marshal. Animals. 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. Originally called the Alabama Court Clerk's Association, the group was established in 1991. Dummier Young LLC. Article 5. Unlawful or malicious killing, injury, etc., of dog of another. High 59F. 3-1-8 . Phone:(205) 814-1567. Stay up-to-date with how the law affects your life. Repealed by Acts 1977, No. 3-7A-8. Rabies Vaccine. https://codes.findlaw.com/al/title-3-animals/al-code-sect-3-1-5/, Read this complete Alabama Code Title 3. 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. 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. Read this complete Alabama Code Title 3. 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.