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. (6) Impounded. 477, p. 541; Code 1923, 6073; Code 1940, T. 3, 2.). Repealed by Act 2015-70, 1(12), effective April 21, 2015. Animals. 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. 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. 518, p. 1242; Act 99-698, 2nd Sp. Killing or disabling livestock; penalty. Government, Calhoun County, Alabama. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (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. Where there is no local authority having jurisdiction (AHJ), the default code enforcement is by the State Fire Marshal. 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. Animal Control Services - City of Pell City Alabama Local Laws Alabama Code Title 45. Cite this article: FindLaw.com - Alabama Code Title 3. (12) Rabies officer. 383, p. 813, 8; Code 1940, T. 8, 89.). Each case varies depending on the situation. This chapter is known and may be cited as Emilys Law. Calhoun County Attorneys - LII Alabama Attorney Directory General Provisions. 1-A - Authority of Coastal Counties to Regulate Motor Vehicles and Littering On Beaches, Texas Constitution Art. 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. Even if you plan to work with a lawyer, it's smart to do some research before . The form must be filled out completely before returning to the Calhoun County Probate Office. 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 3-1-9 . Animals. (Acts 1915, No. The age of the majority in Alabama is now 19. Dogs and cats to be immunized; certificate; validity; to whom sale, etc., of vaccine may be made. 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. 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. (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. PDF Calhoun County Ordinances 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. 3-1-28. (Acts 1990, No. Pell City does have a leash law, a vicious animal ordinance, and requires owners to be in control of their pets at all times. Kim McCarson, Circuit Clerk. (a) Any person, who unlawfully, wantonly, or maliciously kills, disables, disfigures, destroys, or injures the livestock of another while the livestock is on the premises of the owner of the livestock or on the premises of a person having charge thereof shall be guilty of a Class C felony. 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 rights reserved. Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. (Proposed by Act 2022-117) YES NO S TA EWI DM N 3 Penalties for violations of provisions of article, etc. Rabies; Title 3. View Lawyer Profile. (Ala. Code 1975 3-1-29), 3-5-3. Liability of owner, etc., for injuries caused by rabid dog. 3-7A-13. 3-1-28 . 3-1-4 . Permitting dog or hog known to kill, etc., sheep, domestic fowl, etc., to run at large. Repealed by Acts 1977, No. (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. Alabama Code 45-49-170.03. County rabies officer; application; appointment; term; powers and duties; authority of county board of health. CHAPTER 11. If the humane society determines that the animal cannot be sold, it may cause the animal to be otherwise disposed of. 3-1-8. The dangerous dog shall be microchipped. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. 9 sec. Carrie Hudson - Domestic Relations. g.1. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Government, Calhoun County, Alabama (7) Owner. (a) For the purposes of this section, the following terms shall have the following meanings: (1) Agricultural work dog. 607, p. 812, 9901, as amended, effective January 1, 1980. 3-6A-7. 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. (a) The State Health Officer, upon request of authorized local officials, may place certain areas of the state under a rabies quarantine to prevent the spread of rabies. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. Maintenance of pound; notice of impoundment; adoption of animals. 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. 3-8-1. Activities relating to fighting of dogs prohibited; violations; confiscation; procedures for disposition of animals; bond for the care of seized dog; forfeiture. 3-1-11. Has secure sides and a secure top attached at all sides. 3-1-6. 3-1-11 . Calhoun County, AL Family Law Attorney with 13 years of experience. The bond extension shall be considered in accordance with the procedures set forth in subsection (g). 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. 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. (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. Contact information is as follows: Calhoun County Animal Control 3605 Morrisville Rd Anniston, AL 36201 Phone: 256-241-2929 animalcontrol@calhouncounty.org Compare 46 attorneys in Calhoun County, Alabama on Justia. Section 3-1-5 - Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. 1975 Ordinances . 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. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. 3-7A-2 . (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. Activities relating to fighting of dogs prohibited; punishment; confiscation; procedures for disposition of animals. Health and Environment. The owner of the dog, if known, shall be served with a copy of the petition. (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 of Alabama. The court shall set a hearing date no more than 10 days from filing of the application and shall give notice of the same to the owner or keeper of the dog. Shirley A. Millwood. (4) If the state fails to meet its burden at this forfeiture hearing, the judge shall order the dog immediately returned to the owner or keeper. Alabama Code Title 45. Local Laws | FindLaw 3-1-10 . Placement of area under quarantine; additional measures. (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. (Acts 1990, No. Unlawful or malicious killing, injury, etc., of dog of another. 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. such dog or dogs to the limits of his own premises or the premises on which such dog 3-1-7. 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. (2) The sworn statement shall be delivered to an animal control officer who shall complete a dangerous dog investigation. View Website View Lawyer Profile Email Lawyer. 3-1-29. Calhoun County Circuit Clerk's Office. The State Health Officer or any county health officer as defined in Section 22-3-2, or his or her designee. This site is not a law firm and cannot offer legal advice. 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. 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. Ordinances often include sections on animal cruelty, ownership, at-large regulations, mandatory spay/neuter, and cat licensing. 3-6-2 . When person deemed lawfully on property of owner of dog. 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. ARTICLE 10. FISH, GAME,AND WILDLIFE. Reasonable costs shall include, but not be limited to, transportation, food, shelter, and care, including veterinary care. 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. (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. Repealed by Acts 1977, No. 90-530, p. 816, 11; Act 2009-636, p. 1949, 1.). (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. 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. Animals. 90-530, p. 816, 7; Act 2009-636, p. 1949, 1.). Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. 3-1-6 . Aggressive physical contact by a dog. High 59F. 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. | https://codes.findlaw.com/al/title-3-animals/al-code-sect-3-1-5/. 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. Comprehensive lawyer profiles including fees, education, jurisdictions, awards, publications and social media. 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. (2) Hunting dog. 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. Prev Next 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. (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. Alabama Property Line and Fence Laws at a Glance Chapter 6. Box 1511 Montgomery, AL 36102-1511. (Acts 1990, No. Any person violating this section shall be guilty of a misdemeanor and shall be fined not less than $2.00 nor more than $50.00. 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. b. Part 4. ANIMALS. 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. Get free summaries of new opinions delivered to your inbox! Maintenance of pound; notice of impoundment; adoption of animals. (Acts 1990, No. Construction and application of chapter. 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. At the hearing, the county attorney, municipal attorney, or municipal prosecutor shall present evidence that the dog is dangerous. When dogs permitted in areas; liability of owners of dogs at large in areas. If the owner of an impounded animal is known, the owner shall be given direct notice of the impoundment. Rabies Vaccine. (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. 3-1-7 . (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. 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. (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 committee shall consider all cost factors in administering the vaccine as the economy dictates, including but not limited to the current prices of vaccines. 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 1967, No. Elmore County Commission approves leash law - WSFA Dogs are considered vicious that have bitten or have threatened to bite persons. 90-530, p. 816, 1; Act 2009-636, p. 1949, 1.). Cruelty to animals. Any person violating this section shall be guilty of a misdemeanor and shall be fined not less than $2.00 nor more than $50.00. More than 40 people attended the hearing, which started at 5 p.m. in the commission room at the Chilton County Courthouse. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Licensed to practice law in Georgia and Florida in 1994. 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. Unlawful or malicious killing, injury, etc., of dog of another. Jefferson County Municipalities. Title 3. Council Schedule. Current as of January 01, 2019 | Updated by FindLaw Staff. Calhoun County, AL Family Law Attorney. 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. Alabama Code 45-49-170.03. Leash laws; enforcement Shirley A. Millwood. Courts in Calhoun County, Alabama. (d) It shall be a violation of this chapter for the owner of such an animal to refuse to comply with the lawful order of the health officer in any particular case. Rabies vaccine required for any canidae or felidae; applicability. WILDLIFE MANAGEMENT AREAS. In extreme situations, the State Health Officer may place the area under quarantine without waiting for local request. c. Provides adequate ventilation and protection from the elements. 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. (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. 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. 9 sec. 9 sec. Birmingham. AL - Dog - Consolidated Dog Laws | Animal Legal & Historical Center County rabies officer; application; appointment; term; powers and duties; authority of county board of health. 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.