Any expenses incurred in the quarantine of the offending animal under this section and Section 3-7A-8 shall be borne by the owner. Replacement of certificate and tag. (5) Dog. 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. Isn'tit better if dogs run wild and just have fun?" Uh -- no! Nothing in this chapter shall be construed to repeal other criminal laws. 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. 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. 9-11-307. on which such dog or dogs is or are regularly kept. 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. (b) This section shall not apply to the running at large of any dog or dogs within . d. The dangerous dog shall be spayed or neutered. 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. View Website View Lawyer Profile Email Lawyer. 93-719, p. 1406, 1-3; Act 2004-627, p. 1421, 1.). 3-1-7. Violators will . The bond extension shall be considered in accordance with the procedures set forth in subsection (g). 518, p. 1242; Act 99-698, 2nd Sp. The following are merely procedural guidelines to attempt to aid you: Give a 7 business day notice to the tenant (for a yearly lease) OR 30 day notice to the tenant (for month to month, expired, or no lease). b. CHAPTER 6. 3-1-3 . (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. 1 - Creation and Modification of Counties, Texas Constitution Art. All members of the ferret (Mustela putorius furo) family. Construction with other laws; penalties. 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. County rabies officer; application; appointment; term; powers and duties; authority of county board of health. (i) At any time, if a dog is confiscated pursuant to this section, the state or entity holding the dog may file a petition with the circuit court seeking civil forfeiture of the seized dog. 3-1-1 . 607, p. 812, 9901, as amended, effective January 1, 1980. Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same. Animals. 90-530, p. 816, 5; Act 2009-636, p. 1949, 1.). (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. 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. 1975-01 - Ordinance Regulating The Erection, Construction And Enlargement, . Dogs are considered vicious that have bitten or have threatened to bite persons. The court shall award the animals to the humane society or other agency handling stray animals. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. (2) In lieu of the investigation, the owner of the alleged dangerous dog may consent to the dog being humanely euthanized. 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. Alabama/ Title 45. (d) If a dog that has not been declared by a court to be dangerous, when unjustified, attacks and causes physical injury to a person, and the owner of the dog had prior knowledge of the dangerous propensities of the dog, yet demonstrated a reckless disregard of the propensities under the circumstances, the owner of the dog shall be guilty of a Class B misdemeanor. 90-530, p. 816, 14; Act 2009-636, p. 1949, 1.). Placement of area under quarantine; additional measures. TITLE 3. (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. 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. . Calhoun County, AL Attorney. (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. TITLE 9. 3-1-6. Mr. Howard Wayne East. (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. Destruction of domesticated species exposed to rabid animal; quarantine as option on recommendation of Department of Public Health. 3-1-8 . 9-11-305 . fined not less than $2.00 nor more than $50.00. Read this complete Alabama Code Title 3. (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. 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. Prev Next A licensed veterinarian as defined in Section 34-29-61, duly appointed by the county board of health and approved by the State Health Officer and State Veterinarian. (6) Health officer. or dogs is or are regularly kept. The Petitioner must be a legal resident of Calhoun County and age 19 or older. 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. Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. 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. (Acts 1990, No. 1-A - Authority of Coastal Counties to Regulate Motor Vehicles and Littering On Beaches, Texas Constitution Art. (Acts 1990, No. 668, p. 1061, 8; Code 1940, T. 8, 110(8); Act 2019-369, 1.). (Acts 1935, No. All members of the domesticated canine (Canis familiaris) family. 3-7A-2 . 607, p. 812, 9901, as amended, effective January 1, 1980. FISH, GAME, AND WILDLIFE. CONSERVATION AND NATURAL RESOURCES. (3) Dog. Any person violating this section shall be guilty of a misdemeanor and shall be (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. There are 7 Courts in Calhoun County, Alabama, serving a population of 115,527 people in an area of 606 square miles. An injury as defined in Section 13A-1-2(12). Calhoun County, AL Attorney. The administration of rabies vaccine to species other than those for which reliable immunization data is available shall be a violation of this chapter. 3-7A-7 . Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. 3-1-5.1. 3-1-29. Penalty for dog or cat without tag or certificate. (9) Owner. 3-7A-10. Graduated from Cumberland School of Law, Birmingham, Alabama in 1994. 2023 Michigan State University College of Law. (4) Ferret. When dogs permitted in areas; liability of owners of dogs at large in areas. Title 3. Copyright 2023, Thomson Reuters. Contact the AL Dept. Killing or disabling livestock; penalty. 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. (Code 1876, 4411; Code 1886, 3871; Code 1896, 5092; Code 1907, 6231; Code 1923, 3213; Code 1940, T. 3, 10.). of A signed paper copy of the certificate prescribed herein shall be delivered to the owner of the animal immunized. (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. CHAPTER 8. 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. 3-6-2. 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. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 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. 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. The best way to find an experienced family law attorney in Calhoun County, Alabama is to talk to the law office about your needs. (c) The county health department is authorized to promulgate and enforce any reasonable rules and regulations necessary to implement this section. 3-7A-5 . (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. 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. The owner shall provide proof of the surety bond each time the annual dangerous dog registration fee is paid. Hogs dying from cholera or any other disease whatsoever shall be burned. (Proposed by Act 2022-117) YES NO S TA EWI DM N 3 The committee shall consider all cost factors in administering the vaccine as the economy dictates, including but not limited to the current prices of vaccines. 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. Repealed by Acts 1977, No. (Ala. Code 1975 3-1-29), 3-5-3. Liability of owner, etc., for injuries caused by rabid dog. 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. The owner of the dog, if known, shall be served with a copy of the petition. Destruction of impounded dogs and cats; when authorized; redemption by owner; sale of impounded animals. 3-1-1. (8) Physical injury. 3-8-1. Contact us. 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. 90-530, p. 816, 2; Act 2009-636, p. 1949, 1.). Compare 46 attorneys in Calhoun County, Alabama on Justia. You might wonder "Why? Jefferson County Municipalities. (Acts 1993, No. Liability of owner, etc., for injuries caused by rabid dog. CHAPTER 6. LIABILITY OF OWNERS OF DOGS BITING OR INJURING PERSONS. The certificate shall be dated and signed by the person authorized to administer the vaccine. (h) Any person who knowingly makes a false report to an animal control officer or law enforcement officer that a dog is dangerous is guilty of a Class C misdemeanor. By Law; Amending Subsection 6 (3) (C) Thereof Pertaining To The General Statement Of Facts Contained In An Informal Complaint To Include Handicap Status In The Basis Of The bond or deposited funds shall be ordered posted in 30-day increments until such time as the case that was the cause of the dog being confiscated is resolved. 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. 461, p. 702; Code 1923, 3223; Code 1940, T. 3, 60.). WILDLIFE MANAGEMENT AREAS. (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. 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. 90-530, p. 816, 10; Act 2009-636, p. 1949, 1.). (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. (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. (Acts 1990, No. Animals 3-1-5 - last updated January 01, 2019 (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. Penalties for violations of provisions of article, etc. 82-461, p. 739; Acts 1984, 1st Ex. 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. 9-11-306 . RABIES VACCINE. 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. Activities relating to fighting of dogs prohibited; punishment; confiscation; procedures for disposition of animals. Entered active duty in the United States Army . 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. 90-530, p. 816, 12; Act 2009-636, p. 1949, 1.). 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. 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. Any dog trained to hunt wild game with a handler. 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. 9 sec. Keeping of dogs in certain vacant lots. (Acts 1915, No. Box 1511 Montgomery, AL 36102-1511. The filing fee is $65.00 Minor Name Changes You will need to contact an attorney for a minor name change (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. Courts in Calhoun County, Alabama. 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. such dog or dogs to the limits of his own premises or the premises on which such dog View Website View Lawyer Profile Email Lawyer. The surrender shall not be considered a presumption of guilt. 9-11-305. 3-1-7 . 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. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. 3-1-11.1 . The surety bond required by subparagraph 1. shall provide coverage for dog bites, injuries, or death caused by the dog. Permitting dog or hog known to kill, etc., sheep, domestic fowl, etc., to run at large. Back to Top Alaska Leash Law Animal advocates in the county say the there's no animal control officer to pick. - Repealed by Act 2015-70, 1(12), effective April 21, 2015. Family Court Divisions: 256-231-1740, Suite 500. Dogs and cats to be immunized; certificate; validity; to whom sale, etc., of vaccine may be made. ANIMAL. [Link to page for provisions for Chilton County only (Ala.Code 1975 45-11-172 - 172.08)]. (5) Has been exposed. Provided, however, the owner has the option of quarantining the animal or animals based on the recommendations of the Alabama Department of Public Health upon consultation with the U.S. Public Health Service. More than 40 people attended the hearing, which started at 5 p.m. in the commission room at the Chilton County Courthouse. Animals 3-1-6 on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 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. (Code 1907, 2470; Code 1923, 5678; Code 1940, T. 3, 3.). 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. 3-6A-6. 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. Seeing eye dogs shall be included within the meaning of this definition. Title 3. (256) 847-3777 8385 Alabama Highway 144. Has secure sides and a secure top attached at all sides. Leash laws; enforcement. 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. 9-11-307 . (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. 2. 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. Birmingham School of Law and Thomas Goode Jones School of Law, Faulkner University. Sess., No. Feel free to ask any questions you have before hiring a lawyer to make sure you understand what . 1180.). 477, p. 541; Code 1923, 6073; Code 1940, T. 3, 2.). (b) Whenever the State Health Officer or local health authorities are convinced that the situation is conducive to the spread of rabies, additional measures may be imposed as are deemed necessary to prevent the spread of rabies among dogs, cats, and other animals. TITLE 3. Reasonable costs shall include, but not be limited to, transportation, food, shelter, and care, including veterinary care. 9 sec. 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. Licensed to practice law in Georgia and Florida in 1994. 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. Alabama Property Line and Fence Laws at a Glance 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. (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. 3-1-13 . (Code 1867, 1296; Code 1876, 1601; Code 1886, 1379; Code 1896, 421; Code 1907, 2832; Code 1923, 6072; Code 1940, T. 3, 1.). 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. Code of Alabama. ABA Votes To Keep Admission Tests Requirement Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. For the purposes of this chapter, the following words shall have the following meanings: (1) Animal control officer. At the hearing, the county attorney, municipal attorney, or municipal prosecutor shall present evidence that the dog is dangerous. 3-8-1 . Contact information is as follows: Calhoun County Animal Control 3605 Morrisville Rd Anniston, AL 36201 Phone: 256-241-2929 animalcontrol@calhouncounty.org Chapter 37A. MADISON, Ala. - The City of Madison has a new animal tethering ordinance in place. James Vercell Seal. 3-7A-16 . (a) Every person owning or having in charge any dog or dogs shall at all times confine Applications shall be provided to the chair of each county board of health during the month of November. Calhoun County, AL Family Law Attorney with 13 years of experience. Nearly every administrationin the country has a leash law. 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.
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