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 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. 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. Sworn statement; dangerous dog investigation; hearing; procedures. The rabies officer may be removed from office, for cause, by the county board of health or the State Health Officer. Destruction of impounded dogs and cats; when authorized; redemption by owner; sale of impounded animals. (a) If a dog that has previously been declared by a court to be dangerous, when unjustified, attacks and causes serious physical injury or death to a person, the owner of the dog shall be guilty of a Class B felony. The bond extension shall be considered in accordance with the procedures set forth in subsection (g). Applications shall be provided to the chair of each county board of health during the month of November. Cruelty to animals. 3-1-14 . 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. TITLE 3. Dogs and cats to be immunized; certificate; validity; to whom sale, etc., of vaccine may be made. The county board of health, not later than January 31 of the appointing year, shall select and appoint a nominee, subject to the approval of the State Health Officer and the State Veterinarian. 3-7A-8. (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. Dogs and cats to be immunized; certificate; validity; to whom sale, etc., of vaccine may be made. Stay up-to-date with how the law affects your life. Dummier Young LLC. d. Exhibits a sign conspicuously posted upon the pen or the structure containing the following: Dangerous Dog--No Trespassing.. Shirley A. Millwood. Destruction of certain abandoned animals by members, etc., of societies for prevention of cruelty to animals. 3-1-6. 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. 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. (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. 82- 626, p. Feel free to ask any questions you have before hiring a lawyer to make sure you understand what . Chance of rain 80%.. . g.1. Sess., p. 207, 1.). (d) Nothing in this chapter shall be construed to require any county or municipality to employ or make available an animal control officer. 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. ABA Votes To Keep Admission Tests Requirement (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. 3-7A-10. This site is protected by reCAPTCHA and the Google, There is a newer version (Acts 1990, No. Is capable of being locked with a key or combination lock when the dog is within the structure. Criminal Defense Lawyers Serving Calhoun County, AL (Gardendale) Additional Office Locations. Calhoun County, AL Attorney. A dog owner may be fined between $2 and $50 for failure to leash the dog. Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same. Repealed by Acts 1977, No. ; failure to burn or bury dead animal, etc. dogs to accompany such owner or other person or persons elsewhere than on the premises (6) Impounded. When person deemed lawfully on property of owner of dog. (7) Owner. It requires dogs be confined to owner's property. 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. The owner shall be required to obtain a surety bond of at least one hundred thousand dollars ($100,000) and shall provide proof to the court or animal control office. 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. (2) Hunting dog. Chapter 8. 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. (g) After confiscation, any entity holding a dog confiscated pursuant to this section may make application to the circuit court for issuance of an order requiring the owner or keeper of the dog to post a bond or deposit funds with the clerk of the court to cover the reasonable costs of the seizure, care, keeping, and the possible disposal of the dog. 3-1-12. Chapter 7A. 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. 45-37A-53.01. 383, p. 813, 8; Code 1940, T. 8, 89.). 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. (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. Keeping of dogs in certain vacant lots. Jefferson County Municipalities. (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. 3-1-2 . or dogs is or are regularly kept. 9 sec. (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. (a) Nothing in this chapter shall be construed to restrict or negate the requirements of the rabies control law contained in Sections 3-7A-1 to 3-7A-15, inclusive. The 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. No owner, lessee, proprietor, manager, superintendent, agent, or employee of any place of public accommodation, amusement or recreation, including, but not limited to, any inn, hotel, restaurant, eating establishment, barbershop, billiard parlor, store, public conveyance, theater, motion-picture house, public educational institution, or elevator shall refuse to permit a guide dog to accompany a blind person entering the place or making use of the accommodations available when the blind person is being led by the guide dog; if the guide dog is wearing a harness; and the blind person presents for inspection credentials issued by an accredited school for training guide dogs or the dog is being trained by a person employed by an accredited school for training guide dogs. this Section. Cullman, AL (35055) Today. 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. For community cats, the inclusion or omission of just a few words in these laws can be the difference between life and death. (8) Impounding officer. 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. 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. (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. FISH, GAME, AND WILDLIFE. Injury or destruction of dipping vat of another. (Acts 1919, No. Injury or destruction of dipping vat of another. 90-530, p. 816, 11; Act 2009-636, p. 1949, 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. 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. 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. FISH, GAME,AND WILDLIFE. CHAPTER 8. 3-6A-6. 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. Replacement of certificate and tag. 1 - Creation and Modification of Counties, Texas Constitution Art. (Acts 1967, No. Calhoun County uses the latest encryption technology to safeguard information entered into the system. (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. A signed paper copy of the certificate prescribed herein shall be delivered to the owner of the animal immunized. Each case varies depending on the situation. There's a simmering controversy in Calhoun County over animal control. (2) Attack. 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. broadband infrastructure by state law to public or private entities for providing or expanding broadband infrastructure. TITLE 3. [ 3-1-15 - 3-1-27 omitted because unrelated to 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. All members of the canine family including dog hybrids. Residents in Alabama, home to many pecan and oak trees, can recover additional damages if someone deliberately damages their tree. You can explore additional available newsletters here. Unlawful or malicious killing, injury, etc., of dog of another. 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. (2) For amusement or gain, to cause any dog to fight with another dog, or cause any dogs to injure each other. Or perhaps, the lack of animal control. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. (b) Nothing in this chapter is designed to abrogate any civil remedies available under statutory or common law. 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. High 59F. (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. Animals 3-1-5 - last updated January 01, 2019 All rights reserved. (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. 90-530, p. 816, 3; Act 2009-636, p. 1949, 1.). 4 - County-Wide Hospital Districts in Certain Large Counties. 90-530, p. 816, 5; Act 2009-636, p. 1949, 1.). 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. Section 3-1-5 Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. 3-1-29 . LIABILITY OF OWNERS OF DOGS BITING OR INJURING PERSONS. (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. Sess., No. 3-6A-8. Notice of such rules and regulations shall be given by publication 30 days before the effective date. Get free summaries of new opinions delivered to your inbox! Cullman County Animal Control Division Director Tim McKoy said the county has a leash law. 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. Even if you plan to work with a lawyer, it's smart to do some research before . (Code 1907, 2470; Code 1923, 5678; Code 1940, T. 3, 3.). (c) For purposes of this section, livestock is defined as equine or equidae, cows, swine, goats, and sheep. (5) Dog. 3-1-14. Contact us. (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. Reasonable costs shall include, but not be limited to, transportation, food, shelter, and care, including veterinary care. CHAPTER 11. 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. Current as of January 01, 2019 | Updated by FindLaw Staff. (Acts 1990, No. 3-7A-10 . (Acts 1982, No. (Acts 1990, No. (256) 847-3777 8385 Alabama Highway 144. 3-1-10. Rabies vaccine required for any canidae or felidae; applicability. Any dog trained to hunt wild game with a handler. No dog shall be permitted except on leash within any wildlife management area except in accordance with the rules and regulations promulgated by the Commissioner of Conservation and Natural Resources, and whoever shall be the owner of any dog at large within any wildlife management area shall be guilty of a misdemeanor. 1. review. James Vercell Seal. Calhoun County, Alabama. 3-1-15 - 3-1-27 omitted because unrelated to dogs. 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. Chapter 1. 3-7A-16 . 2023 Michigan State University College of Law. 90-530, p. 816, 1; Act 2009-636, p. 1949, 1.). b. (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. MADISON, Ala. - The City of Madison has a new animal tethering ordinance in place. 3-6A-7. the same has been adopted by the county commission of such county. Local laws, such as local animal control ordinances, are part of a city and/or county code. 3-8-1. Aggressive physical contact by a dog. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. 668, p. 1061, 6; Code 1940, T. 8, 110(6).). Family, Bankruptcy, Business and Divorce. Relation to Volunteer Service Act. 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. Mayor The animal control officer shall file a summons for the owner of the dog, if known, with the municipal court or district court. 3-1-6 . At its discretion, the humane society or other agency handling stray animals shall humanely dispatch or dispose of any confiscated dog. 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. The administration of rabies vaccine to species other than those for which reliable immunization data is available shall be a violation of this chapter. Cite this article: FindLaw.com - Alabama Code Title 3. Every lawyer is a little different and you may want to find the best family lawyer to address your individual situation. (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. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. 3-1-11 . Animals. Copyright 2023, Thomson Reuters. Has secure sides and a secure top attached at all sides. (b) When a dog, cat, or ferret has no owner as determined by the rabies officer or the health officer after reasonable investigation, or if the owner of a dog, cat, or ferret agrees in writing, or if ordered by the health officer, the animal shall be humanely destroyed immediately after the exposure and the head shall be submitted for rabies examination to the state health department laboratory. 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. Attorney Ratings. . 3-6-2. CHAPTER 11. (h) The court hearing shall be held as soon as practicable. 90-530, p. 816, 8; Act 2009-636, p. 1949, 1.). Rain. the corporate limits of any city or town in this state that requires a license tag 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. Dogs are considered vicious that have bitten or have threatened to bite persons. If the court determines by reasonable satisfaction that the dog has such a propensity, the court may order the dog to be humanely euthanized by a licensed veterinarian or an authorized animal control officer or the court may order the dog be returned to its owner pursuant to all of the following conditions: a. Comprehensive lawyer profiles including fees, education, jurisdictions, awards, publications and social media. . Please be assured that your information will remain confidential and will not be shared. (12) Rabies officer. (Acts 1990, No. 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. In that instance, a new certificate marked duplicate may be issued and distributed according to Section 3-7A-2. 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. 3-7A-9 . Alabama law is clear on reporting abuse and neglect of children under the age of 19. Alabama Law Enforcement Agency Criminal Records and Identification Unit P.O. 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. Alabama law does not make this action a crime, although theft or property damage laws may apply. Calhoun County, AL Attorney. There is 1 Court per 16,503 people, and 1 Court per 86 square miles. 607, p. 812, 9901, as amended, effective January 1, 1980. (Code 1907, 2471; Code 1923, 5679; Code 1940, T. 3, 6.). or persons having such dog or dogs in his or their charge from allowing such dog or (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. Read this complete Alabama Code Title 3. 3-6-1. (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.