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. Sess., p. 207, 1.). 3-1-8. (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. Alabama Property Line and Fence Laws at a Glance 3-8-1. 3-1-7 . Criminal Defense Lawyers Serving Calhoun County, AL (Gardendale) Additional Office Locations. (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. Calhoun County, AL Attorney. Chance of rain 80%.. . (2) The sworn statement shall be delivered to an animal control officer who shall complete a dangerous dog investigation. Feel free to ask any questions you have before hiring a lawyer to make sure you understand what . An additional paper copy or electronic copy or listing shall be provided to the local rabies enforcement authority upon request by the authority and in the manner as so requested. Copyright 2023, Thomson Reuters. 9-11-238. (Acts 1993, No. View Website View Lawyer Profile Email Lawyer. 9 sec. 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. 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. 3-6-1 . County rabies officer; application; appointment; term; powers and duties; authority of county board of health. (c) The county health department is authorized to promulgate and enforce any reasonable rules and regulations necessary to implement this section. Isn'tit better if dogs run wild and just have fun?" Uh -- no! Contact the AL Dept. Alabama Code 45-49-170.03. (Acts 1982, No. Attorney Ratings. The bond extension shall be considered in accordance with the procedures set forth in subsection (g). 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. High 59F. (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. Part 4. The necessary expenses incurred for the care and keeping of the animal after such notice by the humane society shall be a lien thereon and, if the animal is not reclaimed within 10 days from the giving of such notice, the humane society may sell the animal to satisfy such lien. 3-1-10 . Activities relating to fighting of dogs prohibited; violations; confiscation; procedures for disposition of animals; bond for the care of seized dog; forfeiture. (2) Cat. (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. 3-1-2. Calhoun County District CourtUnlawful Detainer/Eviction Procedures. (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. of Burial or burning of bodies of dead animals generally; burning of hogs dying from cholera, etc. (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. 3-1-28 . 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). TITLE 9. 90-530, p. 816, 14; Act 2009-636, p. 1949, 1.). 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. or dogs is or are regularly kept. 1-A - Authority of Coastal Counties to Regulate Motor Vehicles and Littering On Beaches, Texas Constitution Art. Duties of animal control officer. Permitting dog or hog known to kill, etc., sheep, domestic fowl, etc., to run at large. (4) Ferret. (Code 1907, 2470; Code 1923, 5678; Code 1940, T. 3, 3.). 3-6A-8. Relation to Volunteer Service Act. Cite this article: FindLaw.com - Alabama Code Title 3. AL 35128. (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. (7) Immunization against rabies. 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. 9 sec. 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. (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. Rabies vaccine required for any canidae or felidae; applicability. (Acts 1990, No. 3-1-2 . Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. TITLE 3. Alexandria, AL 36250. CHAPTER 1. (Acts 1990, No. Rabies; Title 3. The court shall set a hearing date not more than 30 days from the filing of the application and shall give notice of the same to the owners of the animals. Injury or destruction of dipping vat of another. This is a secure site. (Code 1907, 2471; Code 1923, 5679; Code 1940, T. 3, 6.). . The form must be filled out completely before returning to the Calhoun County Probate Office. 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. the corporate limits of any city or town in this state that requires a license tag Sworn statement; dangerous dog investigation; hearing; procedures. Reasonable costs shall include, but not be limited to, transportation, food, shelter, and care, including veterinary care. Repealed by Acts 1977, No. Maintenance of pound; notice of impoundment; adoption of animals. (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. Where there is no local authority having jurisdiction (AHJ), the default code enforcement is by the State Fire Marshal. 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. 3-8-1 . Code of Alabama. 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. MADISON, Ala. - The City of Madison has a new animal tethering ordinance in place. General Provisions. An injury as defined in Section 13A-1-2(12). Local Laws. 3-7A-10 . How to Find Sex Offender Information. 90-530, p. 816, 2; Act 2009-636, p. 1949, 1.). (5) Has been exposed. (Acts 1915, No. Birmingham. Their vote makes the state law applicable to Elmore County. This section does not apply to any zoological parks, circuses, colleges, and universities, animal refuges approved by the Department of Agriculture and Industries, county or municipal humane shelters, the Department of Conservation and Natural Resources, or veterinary clinics. Violators will . GENERAL PROVISIONS. WILDLIFE MANAGEMENT AREAS. All members of the domesticated canine (Canis familiaris) family. Any dog that is trained to herd or protect livestock or to otherwise assist in agricultural work and is actually or has been used for such purposes. 3-1-1. View Website View Lawyer Profile Email Lawyer. Nothing in this chapter shall be held to limit in any manner the power of any municipality to prohibit dogs, cats, or ferrets from running at large, regardless of rabies immunization status as herein provided; nor shall anything in this chapter be construed, in any manner, to limit the power of any municipality to further control and regulate dogs or cats in such municipality. (j) It shall be presumed that a dog is not a dangerous dog pursuant to this chapter if the dog was on property owned by the owner of the dog when the event subject to a claim under this chapter occurred or if the victim was trespassing on any property when the event subject to a claim under this chapter occurred. 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. 668, p. 1061, 8; Code 1940, T. 8, 110(8); Act 2019-369, 1.). ANIMALS. (c) For purposes of this section, livestock is defined as equine or equidae, cows, swine, goats, and sheep. Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same. Ordinances often include sections on animal cruelty, ownership, at-large regulations, mandatory spay/neuter, and cat licensing. Alabama: Calhoun County Circuit Court 25 W 11th St, Anniston, AL 36201 Phone: (256) 231-1750. Sign up for our free summaries and get the latest delivered directly to you. 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. 3-7A-11. FISH, GAME, AND WILDLIFE. Contact information is as follows: Calhoun County Animal Control 3605 Morrisville Rd Anniston, AL 36201 Phone: 256-241-2929 animalcontrol@calhouncounty.org (h) The court hearing shall be held as soon as practicable. 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. 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. Impoundment of dogs; redemption or destruction of impounded dogs. Alabama law does not make this action a crime, although theft or property damage laws may apply. 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. (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. 383, p. 813, 8; Code 1940, T. 8, 89.). All rights reserved. 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. 9 sec. Calhoun County Circuit Clerk's Office. c. The owner of the dangerous dog shall provide a copy of the certificate of the current rabies vaccination of the dog. (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. 3-1-29. (Acts 1990, No. LIABILITY OF OWNERS OF DOGS BITING OR INJURING PERSONS. This site is not a law firm and cannot offer legal advice. This chapter is known and may be cited as Emilys Law. 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. 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. 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. The surety bond required by subparagraph 1. shall provide coverage for dog bites, injuries, or death caused by the dog. Box 1511 Montgomery, AL 36102-1511. 3-7A-13 . Family Court Divisions: 256-231-1740, Suite 500. Entered active duty in the United States Army . Leash laws; enforcement LawServer. 90-530, p. 816, 7; Act 2009-636, p. 1949, 1.). The age of the majority in Alabama is now 19. (a) Every person owning or having in charge any dog or dogs shall at all times confine 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. When person deemed lawfully on property of owner of dog. Repealed by Acts 1977, No. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. 607, p. 812, 9901, as amended, effective January 1, 1980. 3-1-6 . 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. [ 3-1-15 - 3-1-27 omitted because unrelated to dogs]. Title 3. 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. 1. (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. View Lawyer Profile. (256) 847-3777 8385 Alabama Highway 144. (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. 3-1-29 . There's a simmering controversy in Calhoun County over animal control. 3-7A-9. CHAPTER 6. Alabama Leash Law Dogs are not permitted to run at large in Alabama. Chapter 1. Rabies vaccine required for any canidae or felidae; applicability. Comprehensive lawyer profiles including fees, education, jurisdictions, awards, publications and social media. The compensation of the rabies officer and his or her deputies shall be limited to the fees collected from enforcement of this chapter. No person shall keep any dog which has been known to kill or worry sheep or other stock without being set upon the same. 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. 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. (11) Quarantine for rabies observation. 3-7A-7 . 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. 9-11-307 . 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. 3-7A-7. 93-719, p. 1406, 1-3; Act 2004-627, p. 1421, 1.). Please be assured that your information will remain confidential and will not be shared. ANIMAL. 3-6A-4. The filing fee is $65.00 Minor Name Changes You will need to contact an attorney for a minor name change 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. 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. 3-7A-16. (Acts 1990, No. b. 90-530, p. 816, 12; Act 2009-636, p. 1949, 1.). (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. (256) 235-3863. 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. https://codes.findlaw.com/al/title-3-animals/al-code-sect-3-1-5/, Read this complete Alabama Code Title 3. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 3-7A-5. 607, p. 812, 9901, as amended, effective January 1, 1980. LIABILITY OF OWNERS OF DOGS BITING OR INJURING PERSONS. All members of the ferret (Mustela putorius furo) family. 2 - Removal of County Seats, Texas Constitution Art. 1 - Creation and Modification of Counties, Texas Constitution Art. 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. Get free summaries of new opinions delivered to your inbox! 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. Courts in Calhoun County, Alabama. A signed paper copy of the certificate prescribed herein shall be delivered to the owner of the animal immunized. 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. Placement of area under quarantine; additional measures. (Ala. Code 1975 3-1-29), 3-5-3. Applications for this position may be received from any duly licensed veterinarian residing within the county, or in the event that no applications are received, from the Alabama Veterinary Medical Association. Destruction of impounded dogs and cats; when authorized; redemption by owner; sale of impounded animals. 607, p. 812, 9901, as amended, effective January 1, 1980. RABIES VACCINE. Animal advocates in the county say the there's no animal control officer to pick. If the owner of an impounded animal is known, the owner shall be given direct notice of the impoundment. 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.
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