(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. (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. Notice of such rules and regulations shall be given by publication 30 days before the effective date. (2) Attack. Hunting, etc., of wild turkeys with dogs. 607, p. 812, 9901, as amended, effective January 1, 1980. (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. 3-1-28. (5) Has been exposed. The best way to find an experienced family law attorney in Calhoun County, Alabama is to talk to the law office about your needs. 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. (5) Dog. (g) A dog that is the subject of a dangerous dog investigation may not be relocated and ownership may not be transferred pending the outcome of the investigation and hearing to determine whether to declare the dog to be dangerous. An agent of a county or municipality vested with impounding authority for animals covered under this chapter. 1. review. Burial or burning of bodies of dead animals generally; burning of hogs dying from cholera, etc. Burial or burning of bodies of dead animals generally; burning of hogs dying from cholera, etc. (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. of All members of the ferret (Mustela putorius furo) family. WILDLIFE MANAGEMENT AREAS. Any expenses incurred in the quarantine of the offending animal under this section and Section 3-7A-8 shall be borne by the owner. 3-1-3. Please call your County Department of Human Resources or local law enforcement agency to report suspected abuse or neglect. Prev Next (3) Dog. Animals. 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. Birmingham School of Law University of Alabama - Tuscaloosa 11th Circuit, Alabama and Federal Circuit Alabama State Bar. (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). Replacement of certificate and tag. 2023 LawServer Online, Inc. All rights reserved. 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. (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. Entered active duty in the United States Army . 3-1-4. 3-1-10. ANIMALS. Email: animalcenter@cityofpellcity.net. Carrie Hudson - Domestic Relations. (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. 3-7A-11 . Sworn statement; dangerous dog investigation; hearing; procedures. Destruction of impounded dogs and cats; when authorized; redemption by owner; sale of impounded animals. (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. 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. (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. 461, p. 702; Code 1923, 3223; Code 1940, T. 3, 60.). 607, p. 812, 9901, as amended, effective January 1, 1980. 3-7A-8. (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. Get free summaries of new opinions delivered to your inbox! (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. At the hearing, the county attorney, municipal attorney, or municipal prosecutor shall present evidence that the dog is dangerous. https://codes.findlaw.com/al/title-3-animals/al-code-sect-3-1-5/, Read this complete Alabama Code Title 3. Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. If the dog is impounded with a veterinarian chosen by the owner of the dog, the owner of the dog shall be liable for paying to the veterinarian the cost and expenses incurred in impounding, feeding, and providing veterinary care or treatment for the dog. 3-1-12. PDF Calhoun County Ordinances 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. Local laws, such as local animal control ordinances, are part of a city and/or county code. Cullman, AL (35055) Today. 82- 626, p. City of Madison adopts new animal tethering ordinance Title 3. 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. Chapter 37A. 90-530, p. 816, 1; Act 2009-636, p. 1949, 1.). 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. CALHOUN COUNTY ORDINANCES . Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. Those domesticated species, for which rabies vaccine is recognized and recommended, upon exposure or potential exposure to a known rabid animal, shall be humanely destroyed or slaughtered immediately. 3-8-1. 84-796, p. 206; Act 2011-542, 1.). Please be assured that your information will remain confidential and will not be shared. Section 3-1-5 Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. (a) Nothing in this chapter shall be construed to restrict or negate the requirements of the rabies control law contained in Sections 3-7A-1 to 3-7A-15, inclusive. RABIES VACCINE. (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. A signed paper copy of the certificate prescribed herein shall be delivered to the owner of the animal immunized. Unlawful or malicious killing, injury, etc., of dog of another. Regulations & Controls | Shelby County, AL - Official Website The rabies officer may be removed from office, for cause, by the county board of health or the State Health Officer. Top Family Law Lawyers in Calhoun County, AL | FindLaw Killing or disabling livestock; penalty. (Code 1907, 2471; Code 1923, 5679; Code 1940, T. 3, 6.). An injury as defined in Section 13A-1-2(12). 1-A - Authority of Coastal Counties to Regulate Motor Vehicles and Littering On Beaches, Texas Constitution Art. PDF To Vote You Must Blacken the Oval Completely! If You Spoil Your Ballot 4 - County-Wide Hospital Districts in Certain Large Counties. Repealed by Acts 1977, No. Mr. Howard Wayne East. . (Acts 1990, No. 3-1-11.1 . Contact the AL Dept. 3-1-7 . It requires dogs be confined to owner's property. d. The dangerous dog shall be spayed or neutered. c. The owner of the dangerous dog shall provide a copy of the certificate of the current rabies vaccination of the dog. (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. [Link to page for provisions for Chilton County only (Ala.Code 1975 45-11-172 - 172.08)]. 3-1-9. 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 CHAPTER 1. 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. (Acts 1990, No. 607, p. 812, 9901, as amended, effective January 1, 1980. b. 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. 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. The bond extension shall be considered in accordance with the procedures set forth in subsection (g). 3-8-1 . The certificate shall be dated and signed by the person authorized to administer the vaccine. Their vote makes the state law applicable to Elmore County. It must be notarized outside the Calhoun County Probate Office. 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. 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. 1180.). (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. (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. (b) A local law requiring a dog to be kept on a leash or otherwise restrained does not apply to an agricultural work dog at any time while the dog is engaged in agricultural work or a hunting dog at any time while the dog is engaged in hunting wild game. Do not send reports of suspected abuse or neglect via email. (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. Calhoun County, Alabama. (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. 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. (3) To permit any act in violation of subdivisions (1) and (2) of this subsection. Jefferson County Municipalities. 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. Nearly every administrationin the country has a leash 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. (10) Person. 2 - Removal of County Seats, Texas Constitution Art. (Acts 1990, No. Kim McCarson, Circuit Clerk. Birmingham School of Law and Thomas Goode Jones School of Law, Faulkner University Jacksonville State University and Gadsden State Community College Alabama. Winds NE at 5 to 10 mph. . You're all set! 3-1-12 . (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. Each case varies depending on the situation. AL 35128. (8) Physical injury. View Website View Lawyer Profile Email Lawyer. Even if you plan to work with a lawyer, it's smart to do some research before . 3-1-3 . 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. 3-1-13 . Alabama Code 45-49-170.03. Leash laws; enforcement Penalties for violations of provisions of article, etc. Calhoun County Alabama Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. Calhoun County - Seventh Circuit Court of Alabama 3-7A-2. 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. (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. Animal advocates in the county say the there's no animal control officer to pick. 3-6-2. (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. 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. Contact information is as follows: Calhoun County Animal Control 3605 Morrisville Rd Anniston, AL 36201 Phone: 256-241-2929 animalcontrol@calhouncounty.org (6) Impounded. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. 3-1-6 . FISH, GAME, AND WILDLIFE. If the humane society determines that the animal cannot be sold, it may cause the animal to be otherwise disposed of. Nothing in this chapter shall be construed to repeal other criminal laws. 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. Chapter 6. 9-11-305 . Attorney Ratings. (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. Killing or disabling livestock; penalty. 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. 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. 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. f. The enclosure shall be locked at all times while the dog is inside the enclosure. Placement of area under quarantine; additional measures. 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. Liability of owner, etc., for injuries caused by rabid dog. 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. (12) Rabies officer. 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. Family, Bankruptcy, Business and Divorce. (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. The administration of rabies vaccine to species other than those for which reliable immunization data is available shall be a violation of this chapter. Dogs and cats to be immunized; certificate; validity; to whom sale, etc., of vaccine may be made. 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. CHAPTER 6. 3-7A-10 . All rights reserved. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. Repealed by Act 2015-70, 1(12), effective April 21, 2015. Any person employed by a county or municipality who performs animal control functions or any person who performs animal control functions who is employed by an entity under agreement or contract with a county or municipality to perform animal control functions or to enforce this chapter. c. The animal control officer shall send a copy of the investigation report to the county attorney, municipal attorney, or municipal prosecutor.

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