9-11-238. 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. (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. (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. Please call your County Department of Human Resources or local law enforcement agency to report suspected abuse or neglect. We intend to make this a site which will benefit each and every citizen of Calhoun County by providing valuable information into the day-to-day operation of your county government. When dogs permitted in areas; liability of owners of dogs at large in areas. . (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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. (2) In lieu of the investigation, the owner of the alleged dangerous dog may consent to the dog being humanely euthanized. 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. ; failure to burn or bury dead animal, etc. Every lawyer is a little different and you may want to find the best family lawyer to address your individual situation. (Acts 1990, No. 82-461, p. 739; Acts 1984, 1st Ex. 2nd Monday of each Month 5:30 P.M Work . Lynne Whitten, Supervisor - Appeals. Duties of animal control officer. More than 40 people attended the hearing, which started at 5 p.m. in the commission room at the Chilton County Courthouse. Pell City does have a leash law, a vicious animal ordinance, and requires owners to be in control of their pets at all times. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. When collected, the said penalty shall accrue to the rabies officer or his agent, except in the case of a rabies officer employed full- time on salary, in which case the penalty shall accrue to the employing agency or agencies. At his or her discretion, the impounding officer may provide for adoption of any animal not redeemed or claimed or otherwise disposed of, to any person desiring the animal, if the person complies with all the provisions of this chapter. 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. Individuals, firms, partnerships, and associations. 185, p. 259; Code 1923, 3221; Code 1940, T. 3, 5.). At its discretion, the humane society or other agency handling stray animals shall humanely dispatch or dispose of any confiscated dog. (Acts 1990, No. (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. 668, p. 1061, 6; Code 1940, T. 8, 110(6).). 3-7A-13. Animals. The court shall award the animals to the humane society or other agency handling stray animals. Isn'tit better if dogs run wild and just have fun?" Uh -- no! (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. 3. 3-1-10 . 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. Calhoun County, AL Family Law Attorney. (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. Birmingham. Repealed by Acts 1977, No. Suspected or confirmed contact of saliva with a break or abrasion of the skin or with any mucous membrane, as determined by the health officer or medical or law enforcement personnel. Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. 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. [Link to page for provisions for Chilton County only (Ala.Code 1975 45-11-172 - 172.08)]. 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. (Acts 1982, No. Courts in Calhoun County, Alabama. FISH, GAME,AND WILDLIFE. 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. 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. (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. The age of the majority in Alabama is now 19. Vaccinated dogs, cats, and ferrets may be authorized to be quarantined in the home of the owner of the animal by the appropriate health officer. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. (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. Any dog trained to hunt wild game with a handler. Calhoun County, AL Family Law Attorney with 13 years of experience. Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. GENERAL PROVISIONS. 3-6-1 . It ensures that you can not restrain pets with a leash or tether unless you are outside watching them. (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. Sess., No. Graduated from Cumberland School of Law, Birmingham, Alabama in 1994. 3-1-11.1 . How to Find Sex Offender Information. 2. Cite this article: FindLaw.com - Alabama Code Title 3. 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(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. 3-7A-2. 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. Relation to Volunteer Service Act. It shall be the duty of the rabies officer to immunize for rabies all dogs, cats, and ferrets covered under this chapter and he or she may employ as many licensed veterinarians to serve as deputies to aid him or her as he or she may desire. Cullman, AL (35055) Today. Section 3-1-5 Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. 3-1-7 . (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. 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. 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. The form must be filled out completely before returning to the Calhoun County Probate Office. Burial or burning of bodies of dead animals generally; burning of hogs dying from cholera, etc. CONSERVATION AND NATURAL RESOURCES. (2) Cat. 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. Violators will . Title 3. (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. 3-1-2 . (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. (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. 3-1-29. (Acts 1993, No. All members of the domesticated canine (Canis familiaris) family. 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. Entered active duty in the United States Army . 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. Leash laws; enforcement LawServer. 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. Alabama Code 45-49-170.03. dogs to accompany such owner or other person or persons elsewhere than on the premises (Acts 1990, No. Dogs and cats to be immunized; certificate; validity; to whom sale, etc., of vaccine may be made. 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. The rabies officer may be removed from office, for cause, by the county board of health or the State Health Officer. 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. Liability of owner, etc., for injuries caused by rabid dog. (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. 3-7A-9. Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. (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. Most courts now offer at least some materials and forms to help you understand and manage your child custody case. (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. Mayor - Repealed by Act 2015-70, 1(12), effective April 21, 2015. Dogs are considered vicious that have bitten or have threatened to bite persons. 3-1-1. 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. 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. Sign up for our free summaries and get the latest delivered directly to you. Nothing in this chapter shall be construed as diminishing any right or liability for injury by dog bites now existing under the laws of this state. (b) Nothing in this chapter is designed to abrogate any civil remedies available under statutory or common law. Attorney Ratings. (Code 1896, 422; Code 1907, 2833; Code 1923, 6074; Code 1940, T. 3, 7.). 3-8-1. Liability of owner, etc., for injuries caused by rabid dog. For the purposes of this chapter, the following words shall have the following meanings: (1) Animal control officer. Nearly every administrationin the country has a leash law. (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. 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. 90-530, p. 816, 7; Act 2009-636, p. 1949, 1.). Family Court Divisions: 256-231-1740, Suite 500. 9 sec. It requires dogs be confined to owner's property. County rabies officer; application; appointment; term; powers and duties; authority of county board of health. This site is not a law firm and cannot offer legal advice. 1 - Creation and Modification of Counties, Texas Constitution Art. If any dog shall, without provocation, bite or injure any person who is at the time at a place where he or she has a legal right to be, the owner of such dog shall be liable in damages to the person so bitten or injured, but such liability shall arise only when the person so bitten or injured is upon property owned or controlled by the owner of such dog at the time such bite or injury occurs or when such person has been immediately prior to such time on such property and has been pursued therefrom by such dog. Alabama Property Line and Fence Laws at a Glance (3) Dog. Shirley A. Millwood. 3-1-29. 3-7A-10. TITLE 3. 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. Permitting dog or hog known to kill, etc., sheep, domestic fowl, etc., to run at large. (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. Maintenance of pound; notice of impoundment; adoption of animals. The dangerous dog shall be microchipped. 93-719, p. 1406, 1-3; Act 2004-627, p. 1421, 1.). Alabama Leash Law Dogs are not permitted to run at large in Alabama. You're all set! Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same. (2) The court shall set a hearing date no more than 20 days from the filing of the petition for civil forfeiture and shall give notice of the hearing to the owner or keeper of the dog. Unlawful or malicious killing, injury, etc., of dog of another. 3-1-11.1. Placement of area under quarantine; additional measures. Contact information is as follows: Calhoun County Animal Control 3605 Morrisville Rd Anniston, AL 36201 Phone: 256-241-2929 animalcontrol@calhouncounty.org 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. This chapter is known and may be cited as Emilys Law. 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 ; failure to burn or bury dead animal, etc. Impoundment of dogs; redemption or destruction of impounded dogs. Stay up-to-date with how the law affects your life. (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. 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. 3-1-5 . 518, p. 1242; Act 99-698, 2nd Sp. The bond extension shall be considered in accordance with the procedures set forth in subsection (g). Council Schedule. (Acts 1990, No. Government, Calhoun County, Alabama. 3-7A-5. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. 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. (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. Law Firm Website Law Firm Profile. fined not less than $2.00 nor more than $50.00. 90-530, p. 816, 14; Act 2009-636, p. 1949, 1.). Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. 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. 3-7A-8. (c) The county health department is authorized to promulgate and enforce any reasonable rules and regulations necessary to implement this section. 668, p. 1061, 8; Code 1940, T. 8, 110(8); Act 2019-369, 1.). on which such dog or dogs is or are regularly kept. Hunting, etc., of wild turkeys with dogs. The surrender shall not be considered a presumption of guilt. Seeing eye dogs shall be included within the meaning of this definition. (b) This section shall not apply to the running at large of any dog or dogs within Title 45. After hearing from residents, the county commission approved the leash law. (Acts 1990, No. 607, p. 812, 9901, as amended, effective January 1, 1980. No person shall keep any dog which has been known to kill or worry sheep or other stock without being set upon the same. Article 5. d. Exhibits a sign conspicuously posted upon the pen or the structure containing the following: Dangerous Dog--No Trespassing.. 3-1-11 . Calhoun County, Alabama. 3-1-11. Rabies vaccine required for any canidae or felidae; applicability. Any agent, officer or member of a duly incorporated society for the prevention of cruelty to animals may lawfully destroy or cause to be destroyed any animal found abandoned and not properly cared for which may appear, in the judgment of two reputable citizens called by him to view the same in his presence, to be superannuated, infirm, glandered, injured or diseased past recovery for any useful purpose. Unauthorized access or use is not permitted and constitutes a crime punishable by law. Part 4. There is 1 Court per 16,503 people, and 1 Court per 86 square miles. There's a simmering controversy in Calhoun County over animal control. 3-1-5.1. Burial or burning of bodies of dead animals generally; burning of hogs dying from cholera, etc. Get free summaries of new opinions delivered to your inbox! 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. James Vercell Seal. 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. 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. View Website View Lawyer Profile Email Lawyer. Destruction of certain abandoned animals by members, etc., of societies for prevention of cruelty to animals. 3-1-9. General Provisions. 3-7A-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. CHAPTER 11. Chapter 1. (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. (4) Ferret. Dummier Young LLC. Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. RABIES VACCINE. Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same. A signed paper copy of the certificate prescribed herein shall be delivered to the owner of the animal immunized. (2) For amusement or gain, to cause any dog to fight with another dog, or cause any dogs to injure each other. Unlawful or malicious killing, injury, etc., of dog of another. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. 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. 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. 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. An agent of a county or municipality vested with impounding authority for animals covered under this chapter. (1) If the court determines that the dog is dangerous and has caused serious physical injury or death to a person, the court shall order the dog to be humanely euthanized by a licensed veterinarian or an authorized animal control official.