Animals. When dogs permitted in areas; liability of owners of dogs at large in areas. 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. (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. Isn'tit better if dogs run wild and just have fun?" Uh -- no! View Lawyer Profile. ARTICLE 10. You're all set! This site is not a law firm and cannot offer legal advice. (256) 235-3863. 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. . Unauthorized access or use is not permitted and constitutes a crime punishable by law. 3-1-10 . More than 40 people attended the hearing, which started at 5 p.m. in the commission room at the Chilton County Courthouse. CHAPTER 6. 3-1-6 . 93-719, p. 1406, 1-3; Act 2004-627, p. 1421, 1.). Animal advocates in the county say the there's no animal control officer to pick. A paper copy or electronic copy or evidence thereof shall be maintained by the licensed veterinarian for a period of one year past the expiration date of a certificate. The dog shall be held in impound until the owner complies with all orders of the court, but if the owner fails to comply with all orders of the court within 30 days of the court's order, the dog shall be humanely euthanized. (Code 1867, 1296; Code 1876, 1601; Code 1886, 1379; Code 1896, 421; Code 1907, 2832; Code 1923, 6072; Code 1940, T. 3, 1.). Replacement of certificate and tag. Chapter 37A. Section 3-1-5 - Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. Sess., p. 207, 1.). 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. Upon resolution of a civil forfeiture petition filed under this subsection, the owner or keeper shall be refunded the amount remaining on any bond posted or funds deposited in accordance with this subsection not expended for the seizure, care, keeping, or disposal of the dog. Rabies; Title 3. 3-1-6 . (Code 1876, 4405; Code 1886, 4171; Code 1896, 5591; Code 1907, 6236; Code 1923, 3219; Code 1940, T. 3, 4.). All members of the domesticated feline (Felis catus) family. Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same. If the humane society determines that the animal cannot be sold, it may cause the animal to be otherwise disposed of. 3-7A-7 . The owner of the dog, if known, shall be served with a copy of the petition. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. Any person who violates this section shall be guilty of a misdemeanor and, upon conviction shall be fined an amount not to exceed fifty dollars ($50). Contact us. 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. 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. 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. (10) Serious physical injury. 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. 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. Taken into the custody of law enforcement, the county pound, or an animal control authority or provider of animal control services to the municipality or county where the dangerous dog is found. 9 sec. Courts in Calhoun County, Alabama. The Calhoun County Commission would like to welcome you to the Calhoun County WEB site and hope you will return often. Part 4. The sheriff and his or her deputies in each county and the police officers in each incorporated municipality shall be aides, and are hereby instructed to cooperate with the rabies officer in carrying out the provisions of this chapter. There are 7 Courts in Calhoun County, Alabama, serving a population of 115,527 people in an area of 606 square miles. TITLE 3. (Acts 1915, No. 383, p. 813, 8; Code 1940, T. 8, 89.). CHAPTER 11. Health and Environment. Article 5. 607, p. 812, 9901, as amended, effective January 1, 1980. (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. 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. 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. Animals. Contact the AL Dept. 90-530, p. 816, 5; 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. 3-1-6. Rabies vaccine required for any canidae or felidae; applicability. Injury or destruction of dipping vat of another. Any dog trained to hunt wild game with a handler. Unlawful or malicious killing, injury, etc., of dog of another. The bond extension shall be considered in accordance with the procedures set forth in subsection (g). (2) An animal exempted under subdivision (1) shall be considered unvaccinated by the State Board of Health in the event of the animal's exposure to a confirmed or suspected rabid animal. The filing fee is $65.00 Minor Name Changes You will need to contact an attorney for a minor name change Sterilization of Dogs and Cats. GENERAL PROVISIONS. Permitting dog or hog known to kill, etc., sheep, domestic fowl, etc., to run at large. Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. 3-1-8 . 3-7A-10 . 1-A - Authority of Coastal Counties to Regulate Motor Vehicles and Littering On Beaches, Texas Constitution Art. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. A person, firm, corporation, or organization having a right of property in a dog, or who keeps or harbors a dog, or who has a dog in his or her care or acts as the custodian of a dog, or who permits a dog to remain on or about any premises occupied by him or her. 3-1-8. 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. 90-530, p. 816, 14; Act 2009-636, p. 1949, 1.). 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. The State Health Officer or any county health officer as defined in Section 22-3-2, or his or her designee. Alabama/ Title 45. (2) The sworn statement shall be delivered to an animal control officer who shall complete a dangerous dog investigation. f. The enclosure shall be locked at all times while the dog is inside the enclosure. 9-11-306 . For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 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. 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. If the instructions cannot be delivered in such a manner, they shall be mailed by regular mail, postage prepaid and addressed to the owner of the animal. the corporate limits of any city or town in this state that requires a license tag Destruction of impounded dogs and cats; when authorized; redemption by owner; sale of impounded animals. (a) Every person owning or having in charge any dog or dogs shall at all times confine 2nd Monday of each Month 5:30 P.M Work . All rights reserved. 9-11-238. (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. 3-1-28 . (Acts 1990, No. (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. 3-1-29. (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. 3-7A-8 . It ensures that you can not restrain pets with a leash or tether unless you are outside watching them. Keeping of dogs in certain vacant lots. b. 3-1-9. (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. 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. Dogs and cats to be immunized; certificate; validity; to whom sale, etc., of vaccine may be made. 3-1-11. Email: animalcenter@cityofpellcity.net. Leash laws; enforcement. Chance of rain 80%.. . | https://codes.findlaw.com/al/title-3-animals/al-code-sect-3-1-5/. Permitting dog or hog known to kill, etc., sheep, domestic fowl, etc., to run at large. Calhoun County, AL Family Law Attorney with 13 years of experience. Liability of owner, etc., for injuries caused by rabid dog. Mayor (Acts 1967, No. 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. Any expenses incurred in the quarantine of the offending animal under this section and Section 3-7A-8 shall be borne by the owner. Maintenance of pound; notice of impoundment; adoption of animals. (Acts 1919, No. Comprehensive lawyer profiles including fees, education, jurisdictions, awards, publications and social media. In that instance, a new certificate marked duplicate may be issued and distributed according to Section 3-7A-2. General Provisions. 3-7A-13 . (h) The court hearing shall be held as soon as practicable. (Acts 1990, No. (Proposed by Act 2022-117) YES NO S TA EWI DM N 3 You already receive all suggested Justia Opinion Summary Newsletters. 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. 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. CALHOUN COUNTY ORDINANCES . (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. An injury as defined in Section 13A-1-2(12). 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. 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. 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. (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. Calhoun County, Alabama. FISH, GAME, AND WILDLIFE. dogs to accompany such owner or other person or persons elsewhere than on the premises 3-7A-11. 185, p. 259; Code 1923, 3221; Code 1940, T. 3, 5.). 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. 3-7A-6. 3-1-11.1 . (7) Owner. Copyright 2023, Thomson Reuters. Box 1511 Montgomery, AL 36102-1511. Even if you plan to work with a lawyer, it's smart to do some research before . Construction with other laws; penalties. The animal control officer shall file a summons for the owner of the dog, if known, with the municipal court or district court. 3-7A-9 . In extreme situations, the State Health Officer may place the area under quarantine without waiting for local request. Feel free to ask any questions you have before hiring a lawyer to make sure you understand what . Replacement of certificate and tag. Current as of January 01, 2019 | Updated by FindLaw Staff. 1975 Ordinances . (b) This section shall not apply to the running at large of any dog or dogs within You might wonder "Why? Local Laws Current as of January 01, 2019 | Updated by FindLaw Staff Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (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. Liability of owner, etc., for injuries caused by rabid dog. 9-11-307. 3-6-1. (Acts 1939, No. 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. (8) Physical injury. Dummier Young LLC. (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). Has secure sides and a secure top attached at all sides. [ 3-1-15 - 3-1-27 omitted because unrelated to dogs]. Alabama law does not make this action a crime, although theft or property damage laws may apply. The owner of any dog or cat found not wearing the evidence of current immunization as provided herein or for which no certificate of current immunization can be produced, and which is apprehended by an officer or other person charged with the enforcement of this chapter, shall forthwith be subject to a penalty to be imposed by the rabies officer not to exceed an amount equal to twice the state approved charge for immunization, in addition to the fee heretofore prescribed for immunization. (3) Bitten. Is capable of being locked with a key or combination lock when the dog is within the structure. You can explore additional available newsletters here. 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. How to Find Sex Offender Information. 3-7A-13. Back to Top Alaska Leash Law ANIMALS. For dogs that haven't been. 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. Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. 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. 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. Burial or burning of bodies of dead animals generally; burning of hogs dying from cholera, etc. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 9-11-305. (Acts 1990, No. View Website View Lawyer Profile Email Lawyer. d. Exhibits a sign conspicuously posted upon the pen or the structure containing the following: Dangerous Dog--No Trespassing.. (f) The veterinarian under whose care the offending animal has been committed for quarantine shall promptly report the results of his or her observation of the animal to the attending physician of the human being bitten or exposed and the appropriate health officer. 3-7A-11 . Hogs dying from cholera or any other disease whatsoever shall be burned. Cruelty to animals. this Section. 3-1-14 . Local Laws Alabama Code Title 45. Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. 1. A signed paper copy of the certificate prescribed herein shall be delivered to the owner of the animal immunized. Animals 3-1-6 on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (Acts 1990, No. 3-1-13 . 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. (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. 3-6A-4. (Acts 1990, No. The surety bond required by subparagraph 1. shall provide coverage for dog bites, injuries, or death caused by the dog. 3-1-5.1. (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. (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. Ordinances often include sections on animal cruelty, ownership, at-large regulations, mandatory spay/neuter, and cat licensing. (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. 3-1-4. (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. 3-1-2 . Reasonable costs shall include, but not be limited to, transportation, food, shelter, and care, including veterinary care. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. 3-1-7 . High 59F. The administration of rabies vaccine to species other than those for which reliable immunization data is available shall be a violation of this chapter. Alexandria, AL 36250. Indiana Petition for Waiver of Reinstatement Fee, California Codes > Government Code > Title 3 - Government of Counties, Florida Statutes > Chapter 7 - County Boundaries, Florida Statutes > Title XI - County Organization and Intergovernmental Relations, Illinois Compiled Statutes > 55 ILCS 5 > Article 1 > Division 1-1 - Short Title, Boundaries, Jurisdiction, Illinois Compiled Statutes > 55 ILCS 5 > Article 1 > Division 1-2 - Alteration Of County Lines, Illinois Compiled Statutes > 55 ILCS 5 > Article 1 > Division 1-3 - New Counties, Illinois Compiled Statutes > 55 ILCS 5 > Article 1 > Division 1-4 - Uniting Counties, Illinois Compiled Statutes > Chapter 55 - Counties, Missouri Laws > Title VI - County, Township and Political Subdivision Government, New York Laws > Alternative County Government, Texas Constitution > Article 9 - Counties, Texas Constitution Art. 3-7A-2. 3-1-2. When person deemed lawfully on property of owner of dog. For community cats, the inclusion or omission of just a few words in these laws can be the difference between life and death. 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. the same has been adopted by the county commission of such county. 607, p. 812, 9901, as amended, effective January 1, 1980. Do not send reports of suspected abuse or neglect via email. or dogs is or are regularly kept. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. c. The animal control officer shall send a copy of the investigation report to the county attorney, municipal attorney, or municipal prosecutor. Birmingham School of Law and Thomas Goode Jones School of Law, Faulkner University Jacksonville State University and Gadsden State Community College Alabama. Destruction of domesticated species exposed to rabid animal; quarantine as option on recommendation of Department of Public Health. . 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. (a) For the purposes of this section, the following terms shall have the following meanings: (1) Agricultural work dog. A dog owner may be fined between $2 and $50 for failure to leash the dog. 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. TITLE 9. 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.