(Acts 1990, No. 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. (a) For the purposes of this section, the following terms shall have the following meanings: (1) Agricultural work dog. 82-461, p. 739; Acts 1984, 1st Ex. Birmingham. TITLE 9. 3-7A-16 . 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. Animals. CHAPTER 6. (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. 3-1-9 . Attorney Ratings. 3-7A-5. You might wonder "Why? 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. Certificates not complying with the provisions of this section, or certificates issued by those persons unauthorized to administer rabies vaccine, shall not be valid. 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. All rights reserved. Code of Alabama. View Website View Lawyer Profile Email Lawyer. Repealed by Acts 1977, No. Birmingham School of Law University of Alabama - Tuscaloosa 11th Circuit, Alabama and Federal Circuit Alabama State Bar. 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. 1 - Creation and Modification of Counties, Texas Constitution Art. Sterilization of Dogs and Cats. Entered active duty in the United States Army . Impoundment of dogs; redemption or destruction of impounded dogs. (e) Instructions for the quarantine of the offending animal shall be delivered in person or by telephone or facsimile to the owner by the health officer or his or her authorized agent. Placement of area under quarantine; additional measures. (b) It shall be a Class C felony for any person to be knowingly present, as a spectator, at any place, building, or tenement where preparations are being made for an exhibition of the fighting of dogs, with the intent to be present at such preparations, or to be knowingly present at such exhibition or to knowingly aid or abet another in such exhibition. (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. Every lawyer is a little different and you may want to find the best family lawyer to address your individual situation. (f)(1) When a dog declared to be dangerous is outside and not contained in the proper enclosure of a dangerous dog pursuant to Section 3-6A-3, the owner of the dangerous dog shall be present and shall restrain the dangerous dog with a secure collar and leash. (2) Hunting dog. 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. Do not send reports of suspected abuse or neglect via email. (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. Contact us. Cullman, AL (35055) Today. Rabies vaccine required for any canidae or felidae; applicability. 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. (4) Dangerous dog. Permitting dog or hog known to kill, etc., sheep, domestic fowl, etc., to run at large. (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. 3-7A-7. 3-6-2 . General Provisions. (2) For amusement or gain, to cause any dog to fight with another dog, or cause any dogs to injure each other. Hogs dying from cholera or any other disease whatsoever shall be burned. WILDLIFE MANAGEMENT AREAS. Shirley A. Millwood. Placement of area under quarantine; additional measures. Title 45. MADISON, Ala. - The City of Madison has a new animal tethering ordinance in place. Hunting and Trapping of Birds and Game. (b) Nothing in this chapter is designed to abrogate any civil remedies available under statutory or common law. View Website View Lawyer Profile Email Lawyer. CHAPTER 11. Kim McCarson, Circuit Clerk. 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. 3-1-1. (b) When a dog, cat, or ferret has no owner as determined by the rabies officer or the health officer after reasonable investigation, or if the owner of a dog, cat, or ferret agrees in writing, or if ordered by the health officer, the animal shall be humanely destroyed immediately after the exposure and the head shall be submitted for rabies examination to the state health department laboratory. Repealed by Acts 1977, No. Health and Environment. 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. TITLE 3. TITLE 3. Where there is no local authority having jurisdiction (AHJ), the default code enforcement is by the State Fire Marshal. Repealed by Acts 1977, No. Relation to Volunteer Service Act. For the purpose of this chapter a person shall be considered to be lawfully upon the private property of the owner of such dog when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws of the United States or the postal laws and regulations of the United States, when reading meters, when delivering milk, when making repairs to any public utility or service upon said premises or when on such property upon the invitation, either expressed or implied, of the owner or lessee of such property. Repealed by Acts 1977, No. (Code 1907, 2471; Code 1923, 5679; Code 1940, T. 3, 6.). Read this complete Alabama Code Title 3. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. Maintenance of pound; notice of impoundment; adoption of animals. or dogs is or are regularly kept. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. County rabies officer; application; appointment; term; powers and duties; authority of county board of health. (a) Whenever the rabies officer or the health officer receives information that a human being has been bitten or exposed by a dog, cat, or ferret required by this chapter to be immunized against rabies, the officer or his or her authorized agent shall cause the dog, cat, or ferret to be placed in quarantine under the direct supervision of a duly licensed veterinarian for rabies observation as prescribed in Section 3-7A-1. 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. ARTICLE 10. Nothing in this chapter shall be construed to repeal other criminal laws. Originally called the Alabama Court Clerk's Association, the group was established in 1991. The dangerous dog shall be microchipped. More than 40 people attended the hearing, which started at 5 p.m. in the commission room at the Chilton County Courthouse. Animals 3-1-5 - last updated January 01, 2019 You already receive all suggested Justia Opinion Summary Newsletters. 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. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. Unlawful or malicious killing, injury, etc., of dog of another. The best way to find an experienced family law attorney in Calhoun County, Alabama is to talk to the law office about your needs. 3-7A-10. An injury as defined in Section 13A-1-2. This chapter is known and may be cited as Emilys Law. It ensures that you can not restrain pets with a leash or tether unless you are outside watching them. https://codes.findlaw.com/al/title-3-animals/al-code-sect-3-1-5/, Read this complete Alabama Code Title 3. 3-1-10 . 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. 3-6A-8. The surety bond required by subparagraph 1. shall provide coverage for dog bites, injuries, or death caused by the dog. The injection, in a manner approved by the State Health Officer and the State Veterinarian, of rabies vaccine approved by the State Health Officer and the State Veterinarian. If the owner of an impounded animal is known, the owner shall be given direct notice of the impoundment. (Acts 1990, No. (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. 3. 3-1-8 . Destruction of certain abandoned animals by members, etc., of societies for prevention of cruelty to animals. Repealed by Act 2015-70, 1(12), effective April 21, 2015. 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. . (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. - Repealed by Act 2015-70, 1(12), effective April 21, 2015. Calhoun County District CourtUnlawful Detainer/Eviction Procedures. 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. 607, p. 812, 9901, as amended, effective January 1, 1980. Residents in Alabama, home to many pecan and oak trees, can recover additional damages if someone deliberately damages their tree. Family, Bankruptcy, Business and Divorce. 9-11-305 . 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. Sign up for our free summaries and get the latest delivered directly to you. 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. 607, p. 812, 9901, as amended, effective January 1, 1980. (256) 847-3777 8385 Alabama Highway 144. When any person owns or keeps a vicious or dangerous animal of any kind and, as a result of his careless management of the same or his allowing the same to go at liberty, and another person, without fault on his part, is injured thereby, such owner or keeper shall be liable in damages for such injury. 3-1-14 . Chapter 8. Calhoun County, AL Family Law Attorney with 13 years of experience. Graduated from Cumberland School of Law, Birmingham, Alabama in 1994. GENERAL PROVISIONS. 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. 3-1-11 . 3-7A-6 . this Section. 9-11-307 . 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. 1. review. Violators will . Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. (Proposed by Act 2022-117) YES NO S TA EWI DM N 3 . Cruelty to animals. Reasonable costs shall include, but not be limited to, transportation, food, shelter, and care, including veterinary care. (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. The following are merely procedural guidelines to attempt to aid you: Give a 7 business day notice to the tenant (for a yearly lease) OR 30 day notice to the tenant (for month to month, expired, or no lease). 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. Chance of rain 80%.. . 84-796, p. 206; Act 2011-542, 1.). Penalties for violations of provisions of article, etc. g.1. Destruction of impounded dogs and cats; when authorized; redemption by owner; sale of impounded animals. When dogs permitted in areas; liability of owners of dogs at large in areas. (10) Person. Applications shall be provided to the chair of each county board of health during the month of November. Nothing in this section shall prevent the owner of any dog or dogs or other person 9-11-306 . Alabama law does not make this action a crime, although theft or property damage laws may apply. (a) The county board of health shall nominate annually one duly licensed veterinarian from each county within the state for the position of rabies officer. Killing or disabling livestock; penalty. There are 7 Courts in Calhoun County, Alabama, serving a population of 115,527 people in an area of 606 square miles. 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. Prev Next (Code 1907, 2470; Code 1923, 5678; Code 1940, T. 3, 3.). 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. 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. (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. In extreme situations, the State Health Officer may place the area under quarantine without waiting for local request. Hunting, etc., of wild turkeys with dogs. 185, p. 259; Code 1923, 3221; Code 1940, T. 3, 5.). (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. Commission Office 1702 Noble Street Suite 103 Anniston, AL 36201 Phone: 256-241-2800 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. 3-1-7 . The animal control officer shall file a summons for the owner of the dog, if known, with the municipal court or district court. 9 sec. Criminal Defense Lawyers Serving Calhoun County, AL (Gardendale) Additional Office Locations. Get Help With Alabama Child Custody. 607, p. 812, 9901, as amended, effective January 1, 1980. Rabies vaccine required for any canidae or felidae; applicability. 3-6-2. The State Board of Health is authorized to adopt and promulgate rules for the enforcement of this chapter, which rules shall have the force and effect of law. There's a simmering controversy in Calhoun County over animal control. Destruction of domesticated species exposed to rabid animal; quarantine as option on recommendation of Department of Public Health. (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. (Code 1867, 1296; Code 1876, 1601; Code 1886, 1379; Code 1896, 421; Code 1907, 2832; Code 1923, 6072; Code 1940, T. 3, 1.). Part 4. Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. (Code 1896, 422; Code 1907, 2833; Code 1923, 6074; Code 1940, T. 3, 7.). TITLE 3. Repealed by Acts 1977, No. (6) Impounded. (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). 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. (c) The county health department is authorized to promulgate and enforce any reasonable rules and regulations necessary to implement this section. Construction with other laws; penalties. 2023 Michigan State University College of Law. 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. 3-1-11.1 . Destruction of impounded dogs and cats; when authorized; redemption by owner; sale of impounded animals. Nearly every administrationin the country has a leash law. Rabies Vaccine. (Code 1876, 4411; Code 1886, 3871; Code 1896, 5092; Code 1907, 6231; Code 1923, 3213; Code 1940, T. 3, 10.). Any dog trained to hunt wild game with a handler. (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. (9) Owner. 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. 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. When collected, the said penalty shall accrue to the rabies officer or his agent, except in the case of a rabies officer employed full- time on salary, in which case the penalty shall accrue to the employing agency or agencies. AL 35128. (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. Cullman County Animal Control Division Director Tim McKoy said the county has a leash law. Upon a finding by the court that the seized animals are diseased, injured, or lack any useful purpose due to training or viciousness, it shall be within the authority of the humane society or other animal welfare agency to humanely destroy such animal. All members of the ferret (Mustela putorius furo) family. (2) An owner of a dog declared to be dangerous who violates subdivision (1) shall be guilty of a Class C misdemeanor, except that a second or subsequent adjudication or conviction is a Class B misdemeanor. Comprehensive lawyer profiles including fees, education, jurisdictions, awards, publications and social media. 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. CHAPTER 6. 3-1-14. 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. 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. 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. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. (d) Nothing in this chapter shall be construed to require any county or municipality to employ or make available an animal control officer. to be kept on dogs nor shall this section apply in any county in this state until 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. Sess., No. Current as of January 01, 2019 | Updated by FindLaw Staff. 3-1-5.1. 90-530, p. 816, 12; Act 2009-636, p. 1949, 1.). 3-7A-9. 3-7A-2 . 3-1-8. 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. 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.
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