LIABILITY OF OWNERS OF DOGS BITING OR INJURING PERSONS. CHAPTER 8. Nothing in this section shall prevent the owner of any dog or dogs or other person (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. 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. (f) The county attorney, municipal attorney, or municipal prosecutor may file a petition in the district court or municipal court to declare dangerous the dog that caused physical injury, serious physical injury, or death to a person in the jurisdiction of the county or municipality. Activities relating to fighting of dogs prohibited; punishment; confiscation; procedures for disposition of animals. 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. The rabies officer may be removed from office, for cause, by the county board of health or the State Health Officer. 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. (256) 847-3777 8385 Alabama Highway 144. If the humane society determines that the animal cannot be sold, it may cause the animal to be otherwise disposed of. 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. (Code 1876, 4411; Code 1886, 3871; Code 1896, 5092; Code 1907, 6231; Code 1923, 3213; Code 1940, T. 3, 10.). Birmingham School of Law and Thomas Goode Jones School of Law, Faulkner University. 90-530, p. 816, 10; Act 2009-636, p. 1949, 1.). The animal control officer shall file a summons for the owner of the dog, if known, with the municipal court or district court. (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. (Acts 1990, No. (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. 3-1-12. Construction with other laws; penalties. 3-8-1. Permitting dog or hog known to kill, etc., sheep, domestic fowl, etc., to run at large. The certificate shall be dated and signed by the person authorized to administer the vaccine. You can explore additional available newsletters here. Repealed by Acts 1977, No. 3-1-1 . 9 sec. Before you file legal papers, take some time to familiarize yourself with the resouces offered by your local court. 3-7A-13 . 3-7A-16. 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. Rabies Vaccine. James Vercell Seal. 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. (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. 2nd Monday of each Month 5:30 P.M Work . The owner of the dog, if known, shall be served with a copy of the petition. Each case varies depending on the situation. Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. The Calhoun County Commission would like to welcome you to the Calhoun County WEB site and hope you will return often. Repealed by Acts 1977, No. Get free summaries of new opinions delivered to your inbox! 3-1-6 . (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. 3-1-7 . 9-11-305. (3) Bitten. (c) For the purpose of providing proper enforcement of this chapter, the county board of health is hereby invested with general supervisory and administrative authority for the implementation of this chapter. (a) Every person owning or having in charge any dog or dogs shall at all times confine Certificates not complying with the provisions of this section, or certificates issued by those persons unauthorized to administer rabies vaccine, shall not be valid. CHAPTER 1. 3-1-2 . ANIMALS. Penalty for dog or cat without tag or certificate. Kim McCarson, Circuit Clerk. 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. 3-1-10. The State Health Officer or any county health officer as defined in Section 22-3-2, or his or her designee. Upon the trial, the defendant may prove in mitigation or justification, as the jury may determine, that, at the time of the killing, disabling, disfiguring, destruction or injury, the animal killed, disabled, disfigured, destroyed or injured was trespassing and had within six months previously thereto trespassed upon a growing crop, inclosed by a lawful fence or while such animal was running at large in violation of law. Killing or disabling livestock; penalty. 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. Alabama Property Line and Fence Laws at a Glance This site is protected by reCAPTCHA and the Google, There is a newer version Calhoun County District CourtUnlawful Detainer/Eviction Procedures. Even if you plan to work with a lawyer, it's smart to do some research before . 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. Chance of rain 80%.. . Permitting dog or hog known to kill, etc., sheep, domestic fowl, etc., to run at large. A dog, regardless of its breed, that has bitten, attacked, or caused physical injury, serious physical injury, or death to a person without justification, except a dog that is a police animal as defined by Section 13A-11-260, used by law enforcement officials for legitimate law enforcement purposes. (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. At the hearing, the county attorney, municipal attorney, or municipal prosecutor shall present evidence that the dog is dangerous. 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. View Website View Lawyer Profile Email Lawyer. (h) The court hearing shall be held as soon as practicable. 3-1-6. 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. 3-1-9 . (4) Ferret. https://codes.findlaw.com/al/title-3-animals/al-code-sect-3-1-5/, Read this complete Alabama Code Title 3. 90-530, p. 816, 11; Act 2009-636, p. 1949, 1.). Replacement of certificate and tag. Cite this article: FindLaw.com - Alabama Code Title 3. 3-1-14. The surrender shall not be considered a presumption of guilt. Ordinances often include sections on animal cruelty, ownership, at-large regulations, mandatory spay/neuter, and cat licensing. (3) The owner or keeper may choose at any time to surrender the dog to the local animal shelter or other animal housing facility holding the dog. (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. Part 4. Has secure sides and a secure top attached at all sides. At its discretion, the humane society or other agency handling stray animals shall humanely dispatch or dispose of any confiscated dog. Family, Bankruptcy, Business and Divorce. (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. (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. Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. Impoundment of dogs; redemption or destruction of impounded dogs. 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. 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. If the owner of an impounded animal is known, the owner shall be given direct notice of the impoundment. 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. 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. Animals 3-1-5 - last updated January 01, 2019 Any expenses incurred in the quarantine of the offending animal under this section and Section 3-7A-8 shall be borne by the owner. 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. Stay up-to-date with how the law affects your life. Title 45. (256) 847-3777. 9-11-307 . At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. (2) Hunting dog. 1975-01 - Ordinance Regulating The Erection, Construction And Enlargement, . 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. 3-1-3 . 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. | https://codes.findlaw.com/al/title-3-animals/al-code-sect-3-1-5/. Destruction of certain abandoned animals by members, etc., of societies for prevention of cruelty to animals. (Code 1852, 186, 191; Code 1867, 3733, 3738; Code 1876, 4408, 4420; Code 1886, 3869; Code 1896, 5090, 5091; Code 1907, 6230; Code 1923, 3212; Code 1940, T. 3, 9; Acts 1982, No. It ensures that you can not restrain pets with a leash or tether unless you are outside watching them. (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. Family Court Divisions: 256-231-1740, Suite 500. Copyright 2023, Thomson Reuters. or persons having such dog or dogs in his or their charge from allowing such dog or (Acts 1915, No. ABA Votes To Keep Admission Tests Requirement 9-11-306. Government, Calhoun County, Alabama. Animals. It must be notarized outside the Calhoun County Probate Office. 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. Local Laws. Rabies vaccine required for any canidae or felidae; applicability. (Acts 1935, No. this Section. An injury as defined in Section 13A-1-2. 3-6A-4. 1975 Ordinances . Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. (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. 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. 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. There are 7 Courts in Calhoun County, Alabama, serving a population of 115,527 people in an area of 606 square miles. Shirley A. Millwood. Liability of owner, etc., for injuries caused by rabid dog. (h) Any person who knowingly makes a false report to an animal control officer or law enforcement officer that a dog is dangerous is guilty of a Class C misdemeanor. 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. Most courts now offer at least some materials and forms to help you understand and manage your child custody case. Calhoun County, AL Family Law Attorney with 13 years of experience. 461, p. 702; Code 1923, 3223; Code 1940, T. 3, 60.). d. Exhibits a sign conspicuously posted upon the pen or the structure containing the following: Dangerous Dog--No Trespassing.. (Code 1867, 1296; Code 1876, 1601; Code 1886, 1379; Code 1896, 421; Code 1907, 2832; Code 1923, 6072; Code 1940, T. 3, 1.). TITLE 3. 9-11-307. Current as of January 01, 2019 | Updated by FindLaw Staff. Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. Those members of the canine family maintained by governmental agencies for exclusive use in official duties assigned to those agencies. The appointee's term of office shall expire on December 31 of the year of appointment; provided, however, that he or she shall be eligible for reappointment. b. 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. (Acts 1990, No. 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. 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. 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. 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. 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. 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. 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. Alabama Code 45-49-170.03. RABIES VACCINE. 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. Destruction of certain abandoned animals by members, etc., of societies for prevention of cruelty to animals. Mr. Howard Wayne East. 2023 LawServer Online, Inc. All rights reserved. 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. (Acts 1990, No. Local laws, such as local animal control ordinances, are part of a city and/or county code. (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. (11) Quarantine for rabies observation. (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. In that instance, a new certificate marked duplicate may be issued and distributed according to Section 3-7A-2. Box 1511 Montgomery, AL 36102-1511. Alabama/ Title 45. (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. Burial or burning of bodies of dead animals generally; burning of hogs dying from cholera, etc. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. (Code 1907, 2470; Code 1923, 5678; Code 1940, T. 3, 3.). (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. Repealed by Acts 1977, No. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. More than 40 people attended the hearing, which started at 5 p.m. in the commission room at the Chilton County Courthouse. 1180.). 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. (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. When person deemed lawfully on property of owner of dog. 3-1-11. Maintenance of pound; notice of impoundment; adoption of animals. 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. 383, p. 813, 8; Code 1940, T. 8, 89.). Chapter 1. The owner shall provide proof of the surety bond each time the annual dangerous dog registration fee is paid. Repealed by Acts 1977, No. (10) Serious physical injury. (Ala. Code 1975 3-1-29), 3-5-3. An agent of a county or municipality vested with impounding authority for animals covered under this chapter. A LeashLaw is one that prohibits dog owners from letting their dogs run loose,meaning dogs must always be confined or leashed. Contact information is as follows: Calhoun County Animal Control 3605 Morrisville Rd Anniston, AL 36201 Phone: 256-241-2929 animalcontrol@calhouncounty.org All members of the ferret (Mustela putorius furo) family. or dogs is or are regularly kept. (a) For the purposes of this section, the following terms shall have the following meanings: (1) Agricultural work dog. Chapter 6. . Leash laws; enforcement. (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. 3-1-4 . The best way to find an experienced family law attorney in Calhoun County, Alabama is to talk to the law office about your needs. 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. 607, p. 812, 9901, as amended, effective January 1, 1980. such dog or dogs to the limits of his own premises or the premises on which such dog 3-7A-16 . County rabies officer; application; appointment; term; powers and duties; authority of county board of health. 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. All members of the canine family including dog hybrids. Code of Alabama. 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. Alexandria, AL 36250. b. Phone:(205) 814-1567. Nearly every administrationin the country has a leash law. Criminal Defense Lawyers Serving Calhoun County, AL (Gardendale) Additional Office Locations. 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. 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. Animal advocates in the county say the there's no animal control officer to pick. CALHOUN COUNTY ORDINANCES . 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. An injury as defined in Section 13A-1-2(12). (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 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. Alabama Law Enforcement Agency Criminal Records and Identification Unit P.O. (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. When dogs permitted in areas; liability of owners of dogs at large in areas. c. The owner of the dangerous dog shall provide a copy of the certificate of the current rabies vaccination of the dog. (Acts 1990, No. (12) Rabies officer. (2) In lieu of the investigation, the owner of the alleged dangerous dog may consent to the dog being humanely euthanized. TITLE 3. Winds NE at 5 to 10 mph. (Acts 1915, No.

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