The owner of a dog in violation of the leash law can be subject to a misdemeanor offense and payment of a fine of $2.00 to $50.00 if a warrant is processed against them. 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) Notwithstanding the other provisions of this chapter, the State Board of Health by rule may establish procedures and qualifications for an exemption from the requirement for a vaccination for an animal if a rabies vaccination would be injurious to the animal's health. Dogs and cats to be immunized; certificate; validity; to whom sale, etc., of vaccine may be made. 607, p. 812, 9901, as amended, effective January 1, 1980. CHAPTER 6. This site is not a law firm and cannot offer legal advice. CHAPTER 6. Animals. 3-7A-8 . Government, Calhoun County, Alabama. such dog or dogs to the limits of his own premises or the premises on which such dog 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. Any person violating this section, whether by failure to burn or bury an animal dying or being killed in his possession or by causing the same to be burned in such proximity to a dwelling or in such other way as to become a nuisance shall be guilty of a misdemeanor and, on conviction, shall be fined not more than $50.00. 3-1-14. CHAPTER 11. The injection, in a manner approved by the State Health Officer and the State Veterinarian, of rabies vaccine approved by the State Health Officer and the State Veterinarian. Local laws, such as local animal control ordinances, are part of a city and/or county code. 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. 3-1-10. (c) The county health department is authorized to promulgate and enforce any reasonable rules and regulations necessary to implement this section. Penalty for dog or cat without tag or certificate. 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. 90-530, p. 816, 9; Act 2009-636, p. 1949, 1.). Dogs and cats to be immunized; certificate; validity; to whom sale, etc., of vaccine may be made. Destruction of certain abandoned animals by members, etc., of societies for prevention of cruelty to animals. Code of Alabama. ANIMALS. 84-796, p. 206; Act 2011-542, 1.). Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. Birmingham School of Law and Thomas Goode Jones School of Law, Faulkner University Jacksonville State University and Gadsden State Community College Alabama. Alabama Law Enforcement Agency Criminal Records and Identification Unit P.O. 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. Sign up for our free summaries and get the latest delivered directly to you. 9-11-306 . Do not send reports of suspected abuse or neglect via email. (6) Health officer. 3-7A-10. Animals 3-1-5 - last updated January 01, 2019 f. The owner of the dangerous dog shall be required to pay an annual dangerous dog registration fee of one hundred dollars ($100) to the county or municipality for a dog deemed dangerous by a court or pay a penalty of one hundred dollars ($100) to the county or municipality for non-registration within two weeks. b. (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. ANIMAL. 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. Animals. Any person having a right of property in a dog, cat, ferret, or other animal, or who keeps or harbors the animal, or who has it in his or her care, or acts as its custodian, or who permits the animal to remain on or about any premises occupied by him or her. 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. ARTICLE 10. | https://codes.findlaw.com/al/title-3-animals/al-code-sect-3-1-5/. 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. How to Find Sex Offender Information. 1180.). the same has been adopted by the county commission of such county. This chapter is known and may be cited as Emilys Law. (2) If the owner or keeper presents sufficient evidence for the judge presiding over the hearing to determine that the owner or keeper is indigent, the owner or keeper may be relieved of the requirement to post a bond or deposit funds with the clerk of the court and may be relieved of the forfeiture provision under subdivision (1). This site is protected by reCAPTCHA and the Google, There is a newer version 9 sec. Unlawful or malicious killing, injury, etc., of dog of another. Calhoun County, AL Attorney. Birmingham School of Law and Thomas Goode Jones School of Law, Faulkner University. There are 7 Courts in Calhoun County, Alabama, serving a population of 115,527 people in an area of 606 square miles. 3-6-2 . High 59F. 3-7A-2 . 3-1-5. Family Court Divisions: 256-231-1740, Suite 500. of Economic and Community Affairs at 334-242-5290 as well as city or county building departments concerning codes for residential and most commercial property. 3-6-1 . Confinement under the direct care, custody, control, and supervision of a licensed veterinarian for a period of 10 days subsequent to the date of the exposure, or as otherwise directed by the appropriate health officer. In lieu of printed certificates, licensed veterinarians may elect to utilize electronically generated and maintained certificates if the certificates contain substantially the same information as required above. Seeing eye dogs shall be included within the meaning of this definition. 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. Mr. Howard Wayne East. Destruction of certain abandoned animals by members, etc., of societies for prevention of cruelty to animals. 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. 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. (d) Nothing in this chapter shall be construed to require any county or municipality to employ or make available an animal control officer. 2 - Removal of County Seats, Texas Constitution Art. c. The animal control officer shall send a copy of the investigation report to the county attorney, municipal attorney, or municipal prosecutor. 90-530, p. 816, 12; Act 2009-636, p. 1949, 1.). The following are merely procedural guidelines to attempt to aid you: Give a 7 business day notice to the tenant (for a yearly lease) OR 30 day notice to the tenant (for month to month, expired, or no lease). Get free summaries of new opinions delivered to your inbox! Those members of the canine family maintained by governmental agencies for exclusive use in official duties assigned to those agencies. TITLE 3. (2) In lieu of the investigation, the owner of the alleged dangerous dog may consent to the dog being humanely euthanized. 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. (a) Every person owning or having in charge any dog or dogs shall at all times confine Law Firm Website Law Firm Profile. 9-11-307. g.1. 9-11-305 . Get Help With Alabama Child Custody. (256) 847-3777 8385 Alabama Highway 144. 3-1-29. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. 9-11-238. 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. 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. 3-7A-2. (b) A local law requiring a dog to be kept on a leash or otherwise restrained does not apply to an agricultural work dog at any time while the dog is engaged in agricultural work or a hunting dog at any time while the dog is engaged in hunting wild game. CHAPTER 1. (b) This section shall not apply to the running at large of any dog or dogs within the corporate limits of any city or town in this state that requires a license tag to be kept on dogs nor shall this section apply in any county in this state until the same has been adopted by the county commission of such county. Chapter 37A. 3-8-1. Feel free to ask any questions you have before hiring a lawyer to make sure you understand what . on which such dog or dogs is or are regularly kept. (b) Nothing in this chapter is designed to abrogate any civil remedies available under statutory or common law. (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. Title 3. (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. (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. Rain. 90-530, p. 816, 1; Act 2009-636, p. 1949, 1.). If the owner of an impounded animal is known, the owner shall be given direct notice of the impoundment. At its discretion, the humane society or other agency handling stray animals shall humanely dispatch or dispose of any confiscated 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. Rabies vaccine required for any canidae or felidae; applicability. 3-1-11. Keeping of dogs in certain vacant lots. 3-1-8 . or dogs is or are regularly kept. (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. . You're all set! CHAPTER 8. 3-7A-5 . 3-7A-5. (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. 3-7A-7. 607, p. 812, 9901, as amended, effective January 1, 1980. Calhoun County District CourtUnlawful Detainer/Eviction Procedures. A LeashLaw is one that prohibits dog owners from letting their dogs run loose,meaning dogs must always be confined or leashed. 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. Read this complete Alabama Code Title 3. Coincident with the issuance of the certificate of immunization, the rabies officer, his authorized representative, or any duly licensed veterinarian, who provided the certificate shall furnish a serially numbered tag bearing the same number and year as that of the certificate, which tag shall at all times be attached to a collar or harness worn by the dog or cat for which the certificate and tag have been issued. Shirley A. Millwood. FISH, GAME,AND WILDLIFE. 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. 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. Permitting dog or hog known to kill, etc., sheep, domestic fowl, etc., to run at large. The bond extension shall be considered in accordance with the procedures set forth in subsection (g). No person shall keep any dog which has been known to kill or worry sheep or other stock without being set upon the same. (Acts 1990, No. 90-530, p. 816, 7; Act 2009-636, p. 1949, 1.). 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. Calhoun County uses the latest encryption technology to safeguard information entered into the system. Calhoun County Circuit Clerk's Office. 90-530, p. 816, 14; Act 2009-636, p. 1949, 1.). TITLE 3. Every municipality with a population over 5,000 in which the county pound is not located shall maintain a suitable pound or contribute their pro rata share to the staffing and upkeep of the county pound. Horse show, rodeo, or dog and pony shows (Ala.Code 1975 40-12-111), Chapter 9. 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. Animals. Placement of area under quarantine; additional measures. (b) Whenever the State Health Officer or local health authorities are convinced that the situation is conducive to the spread of rabies, additional measures may be imposed as are deemed necessary to prevent the spread of rabies among dogs, cats, and other animals. (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. Penalties for violations of provisions of article, etc. 3-1-8. Cruelty to animals. All members of the domesticated canine (Canis familiaris) family. 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. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. 668, p. 1061, 6; Code 1940, T. 8, 110(6).). Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. (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. The administration of rabies vaccine to species other than those for which reliable immunization data is available shall be a violation of this chapter. (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. Please call your County Department of Human Resources or local law enforcement agency to report suspected abuse or neglect. Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. Individuals, firms, partnerships, and associations. 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. (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. Their vote makes the state law applicable to Elmore County. 9-11-307 . 3-1-29 . Before you file legal papers, take some time to familiarize yourself with the resouces offered by your local court. 3-1-10 . 3-6-2. (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. Entered active duty in the United States Army . 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. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. Anyone currently owning or maintaining such animal may keep the animal for the length of the animal's life providing the animal is spayed or neutered and is registered with the Department of Agriculture and Industries. Animal advocates in the county say the there's no animal control officer to pick. d. Exhibits a sign conspicuously posted upon the pen or the structure containing the following: Dangerous Dog--No Trespassing.. Injury or destruction of dipping vat of another. Copyright 2023, Thomson Reuters. (4) Dangerous dog. 1-A - Authority of Coastal Counties to Regulate Motor Vehicles and Littering On Beaches, Texas Constitution Art. 2023 Michigan State University College of Law. Liability of owner, etc., for injuries caused by rabid dog. James Vercell Seal. Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. Nearly every administrationin the country has a leash law. 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. Contact the AL Dept. (Acts 1990, No. An additional paper copy or electronic copy or listing shall be provided to the local rabies enforcement authority upon request by the authority and in the manner as so requested. In extreme situations, the State Health Officer may place the area under quarantine without waiting for local request. (Code 1907, 2471; Code 1923, 5679; Code 1940, T. 3, 6.). The owner of the dog, if known, shall be served with a copy of the petition. 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.
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