(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. to be kept on dogs nor shall this section apply in any county in this state until (4) Dangerous dog. Family Court Divisions: 256-231-1740, Suite 500. All members of the domesticated canine (Canis familiaris) family. 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. 3-6A-7. https://codes.findlaw.com/al/title-3-animals/al-code-sect-3-1-5/, Read this complete Alabama Code Title 3. (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. Destruction of domesticated species exposed to rabid animal; quarantine as option on recommendation of Department of Public Health. Cruelty to animals. Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. 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. Each case varies depending on the situation. Injury or destruction of dipping vat of another. (6) Impounded. 3-7A-7 . The owner of the dog, if known, shall be served with a copy of the petition. Burial or burning of bodies of dead animals generally; burning of hogs dying from cholera, etc. 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. Right of officers, etc., of humane societies to take charge of and care for neglected or abused animals; written notice to owner from whom animal taken; lien for expenses for care and keeping of animal. dogs to accompany such owner or other person or persons elsewhere than on the premises (c) For purposes of this section, livestock is defined as equine or equidae, cows, swine, goats, and sheep. (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. Law Firm Website Law Firm Profile. (5) The entity holding the dog confiscated pursuant to this section shall be entitled to draw on any bond posted or funds deposited to cover the actual costs incurred in the seizure, care, keeping, and the possible disposal of the dog. 45-37A-53.01. Leash laws; enforcement. | https://codes.findlaw.com/al/title-3-animals/al-code-sect-3-1-5/. 90-530, p. 816, 1; Act 2009-636, p. 1949, 1.). Replacement of certificate and tag. Alabama law is clear on reporting abuse and neglect of children under the age of 19. County rabies officer; application; appointment; term; powers and duties; authority of county board of health. 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. Destruction of domesticated species exposed to rabid animal; quarantine as option on recommendation of Department of Public Health. (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. 3-7A-6 . Feel free to ask any questions you have before hiring a lawyer to make sure you understand what . In extreme situations, the State Health Officer may place the area under quarantine without waiting for local request. e. The enclosure shall be constructed to allow the dog to stand normally and without restriction and shall be not less than four times the length of the dog and two times the width of the dog. The best way to find an experienced family law attorney in Calhoun County, Alabama is to talk to the law office about your needs. 3-7A-8 . Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Section 3-1-5 - Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. 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. 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. (Acts 1990, No. 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. 3-1-2 . (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. (Acts 1939, No. 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. The bond extension shall be considered in accordance with the procedures set forth in subsection (g). Council Schedule. 9-11-305. Destruction of certain abandoned animals by members, etc., of societies for prevention of cruelty to animals. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. No such animal shall be burned or buried sufficiently near a residence or residences as to create a nuisance. 90-530, p. 816, 12; Act 2009-636, p. 1949, 1.). Carrie Hudson - Domestic Relations. Or perhaps, the lack of animal control. Criminal Defense Lawyers Serving Calhoun County, AL (Gardendale) Additional Office Locations. (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. (Acts 1990, No. Kim McCarson, Circuit Clerk. 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. (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. Cruelty to animals. 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. The compensation of the rabies officer and his or her deputies shall be limited to the fees collected from enforcement of this chapter. General Provisions. (Acts 1990, No. 2023 Michigan State University College of Law. 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. (c) Nothing in this chapter shall be construed to restrict the power of any county or municipality to adopt and enforce ordinances or regulations that comply with at least the minimum applicable standards set forth in this chapter. Licensed to practice law in Georgia and Florida in 1994. Government, Calhoun County, Alabama. Section 3-1-5 Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. 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. 3-1-14 . 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. Most courts now offer at least some materials and forms to help you understand and manage your child custody case. Please be assured that your information will remain confidential and will not be shared. on which such dog or dogs is or are regularly kept. (8) Physical injury. For the purpose of this chapter a person shall be considered to be lawfully upon the private property of the owner of such dog when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws of the United States or the postal laws and regulations of the United States, when reading meters, when delivering milk, when making repairs to any public utility or service upon said premises or when on such property upon the invitation, either expressed or implied, of the owner or lessee of such property. 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. (Code 1896, 422; Code 1907, 2833; Code 1923, 6074; Code 1940, T. 3, 7.). . In that instance, a new certificate marked duplicate may be issued and distributed according to Section 3-7A-2. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. 9-11-306 . FISH, GAME, AND WILDLIFE. (10) Person. (b) This section shall not apply to the running at large of any dog or dogs within 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. Sterilization of Dogs and Cats. 90-530, p. 816, 3; Act 2009-636, p. 1949, 1.). 90-530, p. 816, 2; Act 2009-636, p. 1949, 1.). Repealed by Acts 1977, No. Where there is no local authority having jurisdiction (AHJ), the default code enforcement is by the State Fire Marshal. 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. A licensed veterinarian as defined in Section 34-29-61, duly appointed by the county board of health and approved by the State Health Officer and State Veterinarian. After hearing from residents, the county commission approved the leash law. (4) At the end of the time for which expenses are covered by the bond or deposit of funds, if the owner or keeper fails to post a new bond or deposit new funds with the clerk of the court, which must be received before the expiration date of the previous bond or deposit of funds, then the dog shall be forfeited by operation of law. (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. Mr. Howard Wayne East. An agent of a county or municipality vested with impounding authority for animals covered under this chapter. (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. 461, p. 702; Code 1923, 3223; Code 1940, T. 3, 60.). (a) Every owner of a dog, cat, or ferret required to be immunized for rabies as defined in this chapter, shall cause the animal to be immunized by the rabies officer, his or her authorized representative, or any duly licensed veterinarian, when the animal reaches three months of age and subsequently in accordance with the intervals specified in the vaccine's license. Mayor 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. At the hearing, the county attorney, municipal attorney, or municipal prosecutor shall present evidence that the dog is dangerous. Animals. (6) Upon resolution of any criminal charges brought against the owner or keeper of the dog confiscated pursuant to this section, the owner or keeper shall be refunded the amount remaining on any bond posted or funds deposited in accordance with this section not expended for the seizure, care, keeping, or disposal of the dog. 3-7A-2 . This site is not a law firm and cannot offer legal advice. (3) If the state meets its burden at the forfeiture hearing, the judge shall order the owner or keeper to forfeit ownership of the dog. Entered active duty in the United States Army . 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. 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. TITLE 3. 607, p. 812, 9901, as amended, effective January 1, 1980. Rabies Vaccine. (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. 1-A - Authority of Coastal Counties to Regulate Motor Vehicles and Littering On Beaches, Texas Constitution Art. Any expenses incurred in the quarantine of the offending animal under this section and Section 3-7A-8 shall be borne by the owner. Burial or burning of bodies of dead animals generally; burning of hogs dying from cholera, etc. James Vercell Seal. 93-719, p. 1406, 1-3; Act 2004-627, p. 1421, 1.). 3-7A-10 . The Petitioner must be a legal resident of Calhoun County and age 19 or older. (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. 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. (f) After confiscation the humane society or other animal welfare agency may make application to the circuit court for a hearing to determine whether any animal seized pursuant to subsection (c) shall be humanely destroyed due to disease, injury or lack of any useful purpose because of training or viciousness. 607, p. 812, 9901, as amended, effective January 1, 1980. A signed paper copy of the certificate prescribed herein shall be delivered to the owner of the animal immunized. ANIMALS. Do not send reports of suspected abuse or neglect via email. Seeing eye dogs shall be included within the meaning of this definition. Family, Bankruptcy, Business and Divorce. b. More than 40 people attended the hearing, which started at 5 p.m. in the commission room at the Chilton County Courthouse. [ 3-1-15 - 3-1-27 omitted because unrelated to dogs]. Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same. Any duly authorized officer or employee of a recognized humane society shall have the right to take charge of any animal which is sick or disabled due to neglect or is being cruelly treated or abused and to provide care for such animal until it is deemed to be in suitable condition to be returned to its owner or to the person from whose custody such animal was taken. (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. (g) An owner of a dog that is the subject of a dangerous dog investigation who refuses to surrender the dog to an animal control officer or law enforcement officer, upon the request of the animal control officer or law enforcement officer, shall be guilty of a Class C misdemeanor. 3-1-6 . Leash laws; enforcement LawServer. . 3-1-14. 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. - Repealed by Act 2015-70, 1(12), effective April 21, 2015. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Birmingham School of Law and Thomas Goode Jones School of Law, Faulkner University. Individuals, firms, partnerships, and associations. Has secure sides and a secure top attached at all sides. Chapter 1. 3-7A-13. Notice of such rules and regulations shall be given by publication 30 days before the effective date. Calhoun County, AL Family Law Attorney with 13 years of experience. The court shall award the animals to the humane society or other agency handling stray animals. (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.
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