518, p. 1242; Act 99-698, 2nd Sp. (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. Calhoun County Arrest, Court, and Public Records | StateRecords.org 3-1-15 - 3-1-27 omitted because unrelated to dogs. (a) In any city with a population of 300,000 inhabitants or more, according to the 1970 or any subsequent federal decennial census, no person shall put any dog or dogs in a vacant lot which is not adjacent or contiguous to his or her residence. (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. ; failure to burn or bury dead animal, etc. Contact us. (b) An animal control officer may initiate a dangerous dog investigation in cases where a complaint has been made pursuant to subsection (a) and a person has been bitten, received physical injury or serious physical injury, or has died. 3-1-29 . 607, p. 812, 9901, as amended, effective January 1, 1980. Destruction of impounded dogs and cats; when authorized; redemption by owner; sale of impounded animals. Alabama/ Title 45. (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. Shirley A. Millwood. (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. 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. Construction and application of chapter. (Acts 1990, No. c. The animal control officer shall send a copy of the investigation report to the county attorney, municipal attorney, or municipal prosecutor. 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. Leash laws; enforcement. 3-1-5.1. Nothing in this section shall prevent the owner of any dog or dogs or other person RABIES VACCINE. 9 sec. 9 sec. Calhoun County, Alabama. Title 45. Any dog trained to hunt wild game with a handler. Chapter 37A. [ 3-1-15 - 3-1-27 omitted because unrelated to dogs]. on which such dog or dogs is or are regularly kept. With the new state law, Bannister said it is important to remember that all dog owners in Cullman are required to purchase a one-time city license for each dog owned. 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. 9-11-305 . 3-1-5. All members of the canine family including dog hybrids. Activities relating to fighting of dogs prohibited; violations; confiscation; procedures for disposition of animals; bond for the care of seized dog; forfeiture. 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. (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. (4) Dangerous dog. Get free summaries of new opinions delivered to your inbox! Animals. 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. 3-1-10. 3-1-3 . 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. 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. Replacement of certificate and tag. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. 3-1-1. The surety bond required by subparagraph 1. shall provide coverage for dog bites, injuries, or death caused by the dog. (Code 1876, 4405; Code 1886, 4171; Code 1896, 5591; Code 1907, 6236; Code 1923, 3219; Code 1940, T. 3, 4.). 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. 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. Calhoun County Circuit Clerk's Office. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 3-7A-5. View Lawyer Profile. 82- 626, p. Regulations & Controls | Shelby County, AL - Official Website 90-530, p. 816, 11; Act 2009-636, p. 1949, 1.). Rain. (2) Cat. 3-1-6 . (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. 3-1-7 . such dog or dogs to the limits of his own premises or the premises on which such dog The administration of rabies vaccine to species other than those for which reliable immunization data is available shall be a violation of this chapter. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. (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. Elmore County Commission approves leash law - WSFA Killing or disabling livestock; penalty. 3-7A-2 . All members of the domesticated feline (Felis catus) family. (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. Family Court Divisions: 256-231-1740, Suite 500. Even if you plan to work with a lawyer, it's smart to do some research before . Burial or burning of bodies of dead animals generally; burning of hogs dying from cholera, etc. There's a simmering controversy in Calhoun County over animal control. 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. The surrender shall not be considered a presumption of guilt. 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. (a)(1) When a person claims that a dog is dangerous, the person shall make a sworn statement before a city magistrate or sheriff setting forth the name of the dog owner, if known, the location where the dog is being kept in the city or county, and the reason he or she believes the dog to be dangerous. All dogs, cats, and ferrets which have been impounded in accordance with the provisions of this chapter, after notice is given to the owner as provided in Section 3-7A-7, may be humanely destroyed and disposed of when not redeemed by the owner within seven days. Top Criminal Defense Lawyers in Calhoun County, AL | FindLaw 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. . Rabies; Title 3. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. 2023 LawServer Online, Inc. All rights reserved. Rabies vaccine required for any canidae or felidae; applicability. (7) Immunization against rabies. the corporate limits of any city or town in this state that requires a license tag Horse show, rodeo, or dog and pony shows (Ala.Code 1975 40-12-111), Chapter 9. 3-1-13. 3-1-5 . 3-1-9. 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. 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. (5) Has been exposed. 9-11-306 . 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. 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. Leash laws; enforcement LawServer. 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. d. Exhibits a sign conspicuously posted upon the pen or the structure containing the following: Dangerous Dog--No Trespassing.. Local laws, such as local animal control ordinances, are part of a city and/or county code. 3-7A-13 . For community cats, the inclusion or omission of just a few words in these laws can be the difference between life and death. ABA Votes To Keep Admission Tests Requirement 477, p. 541; Code 1923, 6073; Code 1940, T. 3, 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. 4 - County-Wide Hospital Districts in Certain Large Counties. (a) For the purposes of this section, the following terms shall have the following meanings: (1) Agricultural work dog. https://codes.findlaw.com/al/title-3-animals/al-code-sect-3-1-5/, Read this complete Alabama Code Title 3. 3-1-4. Those members of the canine family maintained by governmental agencies for exclusive use in official duties assigned to those agencies. (d) It shall be a violation of this chapter for the owner of such an animal to refuse to comply with the lawful order of the health officer in any particular case. 9 sec. Birmingham School of Law and Thomas Goode Jones School of Law, Faulkner University Jacksonville State University and Gadsden State Community College Alabama. Section 3-1-5 Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. Chapter 6. View Website View Lawyer Profile Email Lawyer. f. The enclosure shall be locked at all times while the dog is inside the enclosure. (Acts 1990, No. 1 - Creation and Modification of Counties, Texas Constitution Art. If any dog, not being at the time on the premises of the owner or person having charge thereof, shall kill or injure any livestock, the owner or person having such dog in charge shall be liable for damages sustained by the killing or maiming of any livestock and for the full costs of the action. 1. review. 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. Hunting, etc., of wild turkeys with dogs. (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. (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. 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. 383, p. 813, 8; Code 1940, T. 8, 89.). 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. High 59F. 3-7A-9 . It must be notarized outside the Calhoun County Probate Office. Courts - Calhoun County, AL (Court Records & Calendars) 3-1-7. (Acts 1939, No. Mayor 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. LIABILITY OF OWNERS OF DOGS BITING OR INJURING PERSONS. Any person violating this section shall be guilty of a misdemeanor and shall be Injury or destruction of dipping vat of another. Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. 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. (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. Placement of area under quarantine; additional measures.