Sterilization of Dogs and Cats. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. The compensation of the rabies officer and his or her deputies shall be limited to the fees collected from enforcement of this chapter. Notice of such rules and regulations shall be given by publication 30 days before the effective date. (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. 607, p. 812, 9901, as amended, effective January 1, 1980. Contact us. Chapter 37A. After hearing from residents, the county commission approved the leash law. (Acts 1915, No. (i) The pleading and practice in all cases to petition the court to declare a dog to be dangerous under this section shall be in accordance with the Alabama Rules of Civil Procedure and rules of the courts governing municipal courts in this state unless otherwise specified by this chapter. Animals 3-1-6 on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 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. 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. 3-7A-9. 3-1-28 . Burial or burning of bodies of dead animals generally; burning of hogs dying from cholera, etc. 3-1-28. 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. 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. 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. For community cats, the inclusion or omission of just a few words in these laws can be the difference between life and death. Council Schedule. Sess., No. 3-1-5 . Evidence of immunization shall consist of a printed certificate furnished by the Alabama Department of Public Health, upon which shall be legibly inscribed: A description of the animal; its age, color, sex, breed, and tattoo identification, if any; the name and address of the owner; the lot number and type of vaccine used (modified live virus, inactivated virus); the name of the manufacturer, the amount of vaccine injected, and the date after which the animal is no longer considered vaccinated; and a serially numbered tag bearing the same number and year as that of the certificate. 90-530, p. 816, 7; Act 2009-636, p. 1949, 1.). broadband infrastructure by state law to public or private entities for providing or expanding broadband infrastructure. Aggressive physical contact by a dog. 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. 3-1-11 . 3-7A-7. Any person employed by a county or municipality who performs animal control functions or any person who performs animal control functions who is employed by an entity under agreement or contract with a county or municipality to perform animal control functions or to enforce this chapter. 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. Prev Next Their vote makes the state law applicable to Elmore County. (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. CHAPTER 6. d. The dangerous dog shall be spayed or neutered. Animals. 9 sec. Repealed by Acts 1977, No. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Unlawful or malicious killing, injury, etc., of dog of another. County rabies officer; application; appointment; term; powers and duties; authority of county board of health. Repealed by Acts 1977, No. 3-7A-5 . (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. 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 Act 2015-70, 1(12), effective April 21, 2015. (9) Owner. This is a secure site. 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. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. 1975 Ordinances . (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. Animal advocates in the county say the there's no animal control officer to pick. (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. The best way to find an experienced family law attorney in Calhoun County, Alabama is to talk to the law office about your needs. Originally called the Alabama Court Clerk's Association, the group was established in 1991. (8) Impounding officer. (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. A LeashLaw is one that prohibits dog owners from letting their dogs run loose,meaning dogs must always be confined or leashed. All rights reserved. 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. The court shall award the animals to the humane society or other agency handling stray animals. 3-1-1 . 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. Those members of the canine family maintained by governmental agencies for exclusive use in official duties assigned to those agencies. 9-11-238. Animals. Is capable of being locked with a key or combination lock when the dog is within the structure. Any person violating this section shall be guilty of a misdemeanor and shall be 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. 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. (2) The sworn statement shall be delivered to an animal control officer who shall complete a dangerous dog investigation. 3-1-7. ANIMALS. the corporate limits of any city or town in this state that requires a license tag Activities relating to fighting of dogs prohibited; punishment; confiscation; procedures for disposition of animals. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. (c) Any dog used to fight other dogs in violation of subsection (a) of this section shall be confiscated as contraband by the sheriff or other law enforcement officers and shall not be returned to the owner, trainer, or possessor of the dog. Destruction of impounded dogs and cats; when authorized; redemption by owner; sale of impounded animals. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. 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. Title 45. No conviction must be had, if it is shown that, before the commencement of the prosecution, compensation for the injury was made or tendered to the owner. (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. All members of the ferret (Mustela putorius furo) family. or persons having such dog or dogs in his or their charge from allowing such dog or 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. Sworn statement; dangerous dog investigation; hearing; procedures. Title 3. (Acts 1990, No. CALHOUN COUNTY ORDINANCES . (Acts 1939, No. 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. | https://codes.findlaw.com/al/title-3-animals/al-code-sect-3-1-5/. Any dog trained to hunt wild game with a handler. Criminal Defense Lawyers Serving Calhoun County, AL (Gardendale) Additional Office Locations. 9 sec. 668, p. 1061, 8; Code 1940, T. 8, 110(8); Act 2019-369, 1.). (a) For the purposes of this section, the following terms shall have the following meanings: (1) Agricultural work dog. 3-6A-6. 668, p. 1061, 6; Code 1940, T. 8, 110(6).). 90-530, p. 816, 14; Act 2009-636, p. 1949, 1.). Back to Top Alaska Leash Law 3-1-13 . The amount paid for the board of the animal shall accrue to the credit of the city or county, depending upon the jurisdiction of the pound in which the animal was confined. 3-1-11.1 . b. Permitting dog or hog known to kill, etc., sheep, domestic fowl, etc., to run at large. 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. 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. Dummier Young LLC. (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. (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. 3-8-1. There's a simmering controversy in Calhoun County over animal control. 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. 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. Get free summaries of new opinions delivered to your inbox! 3-8-1 . (b) This section shall not apply to the running at large of any dog or dogs within of Do not send reports of suspected abuse or neglect via email. Unauthorized access or use is not permitted and constitutes a crime punishable by law. 82-461, p. 739; Acts 1984, 1st Ex. Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same. Individuals, firms, partnerships, and associations. CHAPTER 8. Destruction of certain abandoned animals by members, etc., of societies for prevention of cruelty to animals. (Acts 1990, No. The officer so taking such animal shall at the time of taking the animal give written notice to the owner or person from whose custody it was taken. Rabies vaccine required for any canidae or felidae; applicability. 3-1-8. TITLE 3. 3-7A-7 . (10) Person. (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. (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. Rabies vaccine required for any canidae or felidae; applicability. e. The enclosure shall be constructed to allow the dog to stand normally and without restriction and shall be not less than four times the length of the dog and two times the width of the dog. 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. How to Find Sex Offender Information. At the hearing, the county attorney, municipal attorney, or municipal prosecutor shall present evidence that the dog is dangerous. 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. Law Firm Website Law Firm Profile. (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. Replacement of certificate and tag. (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. Health and Environment. The surrender shall not be considered a presumption of guilt. (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. Nothing in this section shall prevent the owner of any dog or dogs or other person (Code 1876, 4411; Code 1886, 3871; Code 1896, 5092; Code 1907, 6231; Code 1923, 3213; Code 1940, T. 3, 10.). Residents throughout the community spoke for or against a proposed "leash law" ordinance that could affect county residents during a public hearing Monday hosted by the Chilton County Commission. Section 3-1-5 - Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. 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. 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. 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. (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. 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. (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. 1180.). (b) It shall be a Class C felony for any person to be knowingly present, as a spectator, at any place, building, or tenement where preparations are being made for an exhibition of the fighting of dogs, with the intent to be present at such preparations, or to be knowingly present at such exhibition or to knowingly aid or abet another in such exhibition. 3-1-10. CHAPTER 1. 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. Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. (Acts 1915, No. An injury as defined in Section 13A-1-2(12). 90-530, p. 816, 2; Act 2009-636, p. 1949, 1.). Kim McCarson, Circuit Clerk. or dogs is or are regularly kept. ANIMAL. 3-1-29. TITLE 3. Seeing eye dogs shall be included within the meaning of this definition. c. The owner of the dangerous dog shall provide a copy of the certificate of the current rabies vaccination of the dog. Contact the AL Dept. WILDLIFE MANAGEMENT AREAS. Penalty for dog or cat without tag or certificate. 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. Attorney Ratings. More than 40 people attended the hearing, which started at 5 p.m. in the commission room at the Chilton County Courthouse. Killing or disabling livestock; penalty. James Vercell Seal. Chapter 6. Ordinances often include sections on animal cruelty, ownership, at-large regulations, mandatory spay/neuter, and cat licensing. 2023 LawServer Online, Inc. All rights reserved. Stay up-to-date with how the law affects your life. Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. FISH, GAME, AND WILDLIFE. 82- 626, p. (256) 235-3863. (7) Immunization against rabies. A signed paper copy of the certificate prescribed herein shall be delivered to the owner of the animal immunized. Copyright 2023, Thomson Reuters. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. 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. 3-6A-4. Repealed by Acts 1977, No. 3-7A-6. ANIMALS. Birmingham. Calhoun County Circuit Clerk's Office. Duties of animal control officer. Permitting dog or hog known to kill, etc., sheep, domestic fowl, etc., to run at large. Compare 46 attorneys in Calhoun County, Alabama on Justia. All members of the canine family including dog hybrids. 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. (Acts 1990, No. 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. (b) This section shall not apply to any person who is a licensed veterinarian operating his or her business in an area zoned therefor; nor shall this section apply to any person using dogs to guard his or her business. It ensures that you can not restrain pets with a leash or tether unless you are outside watching them. Each county in the state shall provide a suitable county pound and impounding officer for the impoundment of dogs, cats, and ferrets found running at large in violation of the provisions of this chapter. Rain. CONSERVATION AND NATURAL RESOURCES. Alabama Code 45-49-170.03. 607, p. 812, 9901, as amended, effective January 1, 1980. (Proposed by Act 2022-117) YES NO S TA EWI DM N 3 View Website View Lawyer Profile Email Lawyer. Chapter 8. Killing or disabling livestock; penalty. (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. 90-530, p. 816, 12; Act 2009-636, p. 1949, 1.). Please call your County Department of Human Resources or local law enforcement agency to report suspected abuse or neglect. 4 - County-Wide Hospital Districts in Certain Large Counties. AL 35128. 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. (Ala. Code 1975 3-1-29), 3-5-3. 90-530, p. 816, 11; Act 2009-636, p. 1949, 1.). 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. (c) The county health department is authorized to promulgate and enforce any reasonable rules and regulations necessary to implement this section. b. Where there is no local authority having jurisdiction (AHJ), the default code enforcement is by the State Fire Marshal. 3-1-4 . Animals 3-1-5 - last updated January 01, 2019 - Repealed by Act 2015-70, 1(12), effective April 21, 2015. 3-7A-8 . Liability of owner, etc., for injuries caused by rabid dog. 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. Alabama law does not make this action a crime, although theft or property damage laws may apply. 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. Read this complete Alabama Code Title 3. 2nd Monday of each Month 5:30 P.M Work . TITLE 3. A dog owner may be fined between $2 and $50 for failure to leash the dog. 3-7A-13. 9-11-307. (4) Ferret. Local Laws Alabama Code Title 45. In Alabama, Calhoun County is ranked 50th of 67 counties in Courts per capita, and 9th of 67 counties in Courts per square mile. Birmingham School of Law and Thomas Goode Jones School of Law, Faulkner University. 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. Notwithstanding any provision of law to the contrary, it shall be illegal to own, maintain, sell, or trade any canidae or felidae for which there is no USDA licensed rabies vaccine. 461, p. 702; Code 1923, 3223; Code 1940, T. 3, 60.). TITLE 9. Lynne Whitten, Supervisor - Appeals. 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. Alabama law is clear on reporting abuse and neglect of children under the age of 19. 3-1-7 . 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. b. (3) Bitten. (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. (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. (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. (f)(1) When a dog declared to be dangerous is outside and not contained in the proper enclosure of a dangerous dog pursuant to Section 3-6A-3, the owner of the dangerous dog shall be present and shall restrain the dangerous dog with a secure collar and leash. this Section. (Acts 1990, No. Shirley A. Millwood. (Acts 1990, No. Horse show, rodeo, or dog and pony shows (Ala.Code 1975 40-12-111), Chapter 9. (Acts 1990, No. 3-6-2 . 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.
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