Law Firm Website Law Firm Profile. 3-7A-5. Penalty for dog or cat without tag or certificate. (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. Commission Office 1702 Noble Street Suite 103 Anniston, AL 36201 Phone: 256-241-2800 In Alabama, Calhoun County is ranked 50th of 67 counties in Courts per capita, and 9th of 67 counties in Courts per square mile. (4) Dangerous dog. 3-7A-8 . 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. Family Court Divisions: 256-231-1740, Suite 500. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Applications for this position may be received from any duly licensed veterinarian residing within the county, or in the event that no applications are received, from the Alabama Veterinary Medical Association. (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. the same has been adopted by the county commission of such county. Horse show, rodeo, or dog and pony shows (Ala.Code 1975 40-12-111), Chapter 9. ; failure to burn or bury dead animal, etc. When person deemed lawfully on property of owner of dog. 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. 3-1-7. Penalty for dog or cat without tag or certificate. (Ala. Code 1975 3-1-29), 3-5-3. (7) Immunization against rabies. 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. 383, p. 813, 8; Code 1940, T. 8, 89.). All dogs, cats, and ferrets which have been impounded in accordance with the provisions of this chapter, after notice is given to the owner as provided in Section 3-7A-7, may be humanely destroyed and disposed of when not redeemed by the owner within seven days. (a) For the purposes of this section, the following terms shall have the following meanings: (1) Agricultural work dog. Liability of owner, etc., for injuries caused by rabid dog. (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. 3-6-1. . 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. Any expenses incurred in the quarantine of the offending animal under this section and Section 3-7A-8 shall be borne by the owner. Section 3-1-5 - Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. 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. It shall be unlawful for any person having knowledge that a human being has been bitten or exposed by a dog, cat, or ferret to fail to notify one or more of the aforementioned officers. 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. The owner of the dog, if known, shall be served with a copy of the petition. 3. The compensation of the rabies officer and his or her deputies shall be limited to the fees collected from enforcement of this chapter. 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. If any dog, not being at the time on the premises of the owner or person having charge thereof, shall kill or injure any livestock, the owner or person having such dog in charge shall be liable for damages sustained by the killing or maiming of any livestock and for the full costs of the action. Dogs and cats to be immunized; certificate; validity; to whom sale, etc., of vaccine may be made. This section does not apply to any zoological parks, circuses, colleges, and universities, animal refuges approved by the Department of Agriculture and Industries, county or municipal humane shelters, the Department of Conservation and Natural Resources, or veterinary clinics. 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. 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. Hunting, etc., of wild turkeys with dogs. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. Each case varies depending on the situation. If the owner of an impounded animal is known, the owner shall be given direct notice of the impoundment. 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. 3-6A-7. 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. 3-1-28. No person shall keep any dog which has been known to kill or worry sheep or other stock without being set upon the same. (c) For the purpose of providing proper enforcement of this chapter, the county board of health is hereby invested with general supervisory and administrative authority for the implementation of this chapter. 3-1-9 . (Code 1896, 422; Code 1907, 2833; Code 1923, 6074; Code 1940, T. 3, 7.). 1. If the dog is impounded with a veterinarian chosen by the owner of the dog, the owner of the dog shall be liable for paying to the veterinarian the cost and expenses incurred in impounding, feeding, and providing veterinary care or treatment for the dog. (256) 847-3777. Local laws, such as local animal control ordinances, are part of a city and/or county code. c. The owner of the dangerous dog shall provide a copy of the certificate of the current rabies vaccination of the dog. (Acts 1993, No. Placement of area under quarantine; additional measures. An injury as defined in Section 13A-1-2(12). You're all set! 3-1-29. 3-7A-7. (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. Unlawful or malicious killing, injury, etc., of dog of another. 9-11-306 . Certificates not complying with the provisions of this section, or certificates issued by those persons unauthorized to administer rabies vaccine, shall not be valid. Construction and application of chapter. Universal Citation: AL Code 3-1-5 (2017) Section 3-1-5 Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. CONSERVATION AND NATURAL RESOURCES. (4) Ferret. 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. Relation to Volunteer Service Act. Please be assured that your information will remain confidential and will not be shared. 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. (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. Feel free to ask any questions you have before hiring a lawyer to make sure you understand what . Relation to Volunteer Service Act. 3-6-2 . Shirley A. Millwood. Alabama law does not make this action a crime, although theft or property damage laws may apply. 3-1-7 . Criminal Defense Lawyers Serving Calhoun County, AL (Gardendale) Additional Office Locations. There's a simmering controversy in Calhoun County over animal control. In extreme situations, the State Health Officer may place the area under quarantine without waiting for local request. 82-461, p. 739; Acts 1984, 1st Ex. (Acts 1990, No. 3-7A-8. After hearing from residents, the county commission approved the leash law. Alabama law is clear on reporting abuse and neglect of children under the age of 19. 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. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Entered active duty in the United States Army . Destruction of impounded dogs and cats; when authorized; redemption by owner; sale of impounded animals. 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 -- Proof of trespassing by animal in mitigation or justification of offense; tender of compensation. 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. 3-1-5 . 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. (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. Birmingham School of Law and Thomas Goode Jones School of Law, Faulkner University Jacksonville State University and Gadsden State Community College Alabama. 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. All members of the domesticated feline (Felis catus) family. 2023 LawServer Online, Inc. All rights reserved. The State Health Officer or any county health officer as defined in Section 22-3-2, or his or her designee. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. Title 3. (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. 9 sec. The dog shall be held in impound until the owner complies with all orders of the court, but if the owner fails to comply with all orders of the court within 30 days of the court's order, the dog shall be humanely euthanized. 3-7A-6 . 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. or dogs is or are regularly kept. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. (b) It shall be unlawful and in violation of the provisions of this chapter for any person to import, receive, sell, offer for sale, barter, or exchange animal rabies vaccine, other than antirabies vaccine intended for human use, to anyone except a duly licensed veterinarian. Sign up for our free summaries and get the latest delivered directly to you. c. Provides adequate ventilation and protection from the elements. Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. Phone:(205) 814-1567. fined not less than $2.00 nor more than $50.00. (Acts 1990, No. CONSERVATION AND NATURAL RESOURCES. Activities relating to fighting of dogs prohibited; violations; confiscation; procedures for disposition of animals; bond for the care of seized dog; forfeiture. 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. Alabama/ Title 45. (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. An injury as defined in Section 13A-1-2. (10) Serious physical injury. (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. 3-1-6 . Injury or destruction of dipping vat of another. At public rabies clinics, the rabies officer may charge an immunization fee established by a committee consisting of the State Health Officer, the State Veterinarian, and the president of the Alabama Veterinary Medical Association, and approved by the State Board of Health prior to the first day of January each year. (Acts 1990, No. (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. Get Help With Alabama Child Custody. Their vote makes the state law applicable to Elmore County. At its discretion, the humane society or other agency handling stray animals shall humanely dispatch or dispose of any confiscated dog. The certificate shall be dated and signed by the person authorized to administer the vaccine. 3-1-28 . Is capable of being locked with a key or combination lock when the dog is within the structure. In that instance, a new certificate marked duplicate may be issued and distributed according to Section 3-7A-2. Rain. 3-6-1 . Any person, who unlawfully, wantonly or maliciously kills, disables, disfigures, destroys or injures any animal or article or commodity of value which is the property of another must, on conviction, be fined not less than twice the value of the injury or damage to the owner of the property nor more than $1,000.00 and may also be imprisoned in the county jail, or sentenced to hard labor for the county for not more than six months, and so much of the fine as may be necessary to repair the injury or loss shall go to the party injured. such dog or dogs to the limits of his own premises or the premises on which such dog High 59F. Email: animalcenter@cityofpellcity.net. If any dog shall, without provocation, bite or injure any person who is at the time at a place where he or she has a legal right to be, the owner of such dog shall be liable in damages to the person so bitten or injured, but such liability shall arise only when the person so bitten or injured is upon property owned or controlled by the owner of such dog at the time such bite or injury occurs or when such person has been immediately prior to such time on such property and has been pursued therefrom by such dog. (8) Impounding officer. Article 8. 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. When the sworn statement claims that a dog has caused serious physical injury or death to a person, the duties of the animal control officer, including, but not limited to, the dangerous dog investigation, shall be carried out by a law enforcement officer. Penalties for violations of provisions of article, etc. Jefferson County Municipalities. Chapter 8. (Acts 1982, No. Lynne Whitten, Supervisor - Appeals. (b) Nothing in this chapter is designed to abrogate any civil remedies available under statutory or common law. 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. Chance of rain 80%.. . Any person violating this section shall be guilty of a misdemeanor and shall be Liability of owner, etc., for injuries caused by rabid dog. 1180.). 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. (a) The county board of health shall nominate annually one duly licensed veterinarian from each county within the state for the position of rabies officer. 3-1-8 . Kim McCarson, Circuit Clerk. Alabama Law Enforcement Agency Criminal Records and Identification Unit P.O. Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same. (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. Dogs are considered vicious that have bitten or have threatened to bite persons. (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. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. b. g.1. 3-1-3 . (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. 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. 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. 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. Activities relating to fighting of dogs prohibited; violations; confiscation; procedures for disposition of animals; bond for the care of seized dog; forfeiture. 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. Hunting and Trapping of Birds and Game. 90-530, p. 816, 7; Act 2009-636, p. 1949, 1.). (Code 1907, 2470; Code 1923, 5678; Code 1940, T. 3, 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. 3-1-8 . 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. Cite this article: FindLaw.com - Alabama Code Title 3. Courts in Calhoun County, Alabama. 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. Any judicial determination in municipal court or district court that a dog is dangerous may be appealed to the circuit court pursuant to the requirements of the Alabama Rules of Civil Procedure and the order of the circuit court shall be final. Nothing in this section shall prevent the owner of any dog or dogs or other person 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. 90-530, p. 816, 5; Act 2009-636, p. 1949, 1.). (Acts 1990, No. Expenses incurred in connection with the housing, care, or upkeep of the dogs by any person, firm, partnership, corporation, or other entity shall be taxed against the owner. This chapter is known and may be cited as Emilys Law. (h) If any dog owner is convicted under subsection (a) or (b), the animal or animals shall be awarded to the local humane society or other animal welfare agency. (Code 1876, 4411; Code 1886, 3871; Code 1896, 5092; Code 1907, 6231; Code 1923, 3213; Code 1940, T. 3, 10.). 668, p. 1061, 8; Code 1940, T. 8, 110(8); Act 2019-369, 1.). ANIMAL. All rights reserved. Residents in Alabama, home to many pecan and oak trees, can recover additional damages if someone deliberately damages their tree. Animals 3-1-6 on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 3-1-2. 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. (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. (Acts 1990, No. WILDLIFE MANAGEMENT AREAS. . Nothing in this section shall prevent the owner of any dog or dogs or other person or persons having such dog or dogs in his or their charge from allowing such dog or dogs to accompany such owner or other person or persons elsewhere than on the premises on which such dog or dogs is or are regularly kept. 3-1-1 . Alabama Leash Law Dogs are not permitted to run at large in Alabama. Section 3-1-5 Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. 1 - Creation and Modification of Counties, Texas Constitution Art. For the purposes of this chapter, the following words shall have the following meanings: (1) Animal control officer. (Proposed by Act 2022-117) YES NO S TA EWI DM N 3 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. A signed paper copy of the certificate prescribed herein shall be delivered to the owner of the animal immunized. 3-1-13 . to be kept on dogs nor shall this section apply in any county in this state until Part 4. . Killing or disabling livestock; penalty. Box 1511 Montgomery, AL 36102-1511. Rabies vaccine required for any canidae or felidae; applicability. When dogs permitted in areas; liability of owners of dogs at large in areas. (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. 2. 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. 9-11-307 . FISH, GAME,AND WILDLIFE. Family, Bankruptcy, Business and Divorce. Read this complete Alabama Code Title 3. The owner shall provide proof of the surety bond each time the annual dangerous dog registration fee is paid. Leash laws; enforcement LawServer. Chapter 37A. 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. or persons having such dog or dogs in his or their charge from allowing such dog or | https://codes.findlaw.com/al/title-3-animals/al-code-sect-3-1-5/. 90-530, p. 816, 14; Act 2009-636, p. 1949, 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. AL 35128. (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.