The dangerous dog shall be microchipped. 9-11-306 . In the event a tag or certificate is lost after it has been legally issued, every replacement thereof shall be upon such terms as may be agreed upon with the rabies officer or veterinarian by whom the animal has been immunized. 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. Courts - Calhoun County, AL (Court Records & Calendars) 668, p. 1061, 6; Code 1940, T. 8, 110(6).). ANIMALS. Replacement of certificate and tag. 3-1-8 . Contact the AL Dept. (Acts 1939, No. (Code 1876, 4405; Code 1886, 4171; Code 1896, 5591; Code 1907, 6236; Code 1923, 3219; Code 1940, T. 3, 4.). Alabama Code 3-1-5 (2017) - Justia Law 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. (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. Top Family Law Lawyers in Calhoun County, AL | FindLaw (b) Appointments not made within the prescribed time limits specified in this section shall become the joint prerogative of the State Health Officer and the State Veterinarian after due consultation with the appropriate health officer. Cruelty to animals. fined not less than $2.00 nor more than $50.00. (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. 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. (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. Has secure sides and a secure top attached at all sides. 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. Entered active duty in the United States Army . 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. Anniston, AL - Municode Library 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. (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. 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. Licensed to practice law in Georgia and Florida in 1994. 607, p. 812, 9901, as amended, effective January 1, 1980. 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. 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. 3-6A-4. Refusal to permit guide dog to accompany blind person into place of public accommodation, 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. Right of officers, etc., of humane societies to take charge of and care for neglected or abused animals; written notice to owner from whom animal taken; lien for expenses for care and keeping of animal. The administration of rabies vaccine to species other than those for which reliable immunization data is available shall be a violation of this chapter. Isn'tit better if dogs run wild and just have fun?" Uh -- no! 477, p. 541; Code 1923, 6073; Code 1940, T. 3, 2.). 3-7A-6. Permitting dog or hog known to kill, etc., sheep, domestic fowl, etc., to run at large. Impoundment of dogs; redemption or destruction of impounded dogs. 3-1-29. Activities relating to fighting of dogs prohibited; violations; confiscation; procedures for disposition of animals; bond for the care of seized dog; forfeiture. Contact us. Prev Next (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. (7) Owner. Alexandria, AL 36250. Hunting, etc., of wild turkeys with dogs. Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same. 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. This site is not a law firm and cannot offer legal advice. Chance of rain 80%.. . c. The animal control officer shall send a copy of the investigation report to the county attorney, municipal attorney, or municipal prosecutor. When the sworn statement claims that a dog has caused serious physical injury or death to a person, the duties of the animal control officer, including, but not limited to, the dangerous dog investigation, shall be carried out by a law enforcement officer. If the owner of an impounded animal is known, the owner shall be given direct notice of the impoundment. All owners or custodians of animals which die or are killed in their possession or custody, other than such as are slaughtered for food, within 24 hours shall cause the bodies of such animals to be burned or buried at least two feet below the surface of the ground. 2023 LawServer Online, Inc. All rights reserved. 90-530, p. 816, 1; Act 2009-636, p. 1949, 1.). The amount paid for the board of the animal shall accrue to the credit of the city or county, depending upon the jurisdiction of the pound in which the animal was confined. Section 3-1-5 - Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. County rabies officer; application; appointment; term; powers and duties; authority of county board of health. (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. 3-7A-8. 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. Shirley A. Millwood. 3-7A-11 . 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. 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. 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. 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. Activities relating to fighting of dogs prohibited; violations; confiscation; procedures for disposition of animals; bond for the care of seized dog; forfeiture. (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. 9 sec. Injury or destruction of dipping vat of another. (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. Box 1511 Montgomery, AL 36102-1511. (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. 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. Rabies; Title 3. Any duly authorized officer or employee of a recognized humane society shall have the right to take charge of any animal which is sick or disabled due to neglect or is being cruelly treated or abused and to provide care for such animal until it is deemed to be in suitable condition to be returned to its owner or to the person from whose custody such animal was taken. AL - Dog - Consolidated Dog Laws | Animal Legal & Historical Center (2) In lieu of the investigation, the owner of the alleged dangerous dog may consent to the dog being humanely euthanized. The owner of the dog, if known, shall be served with a copy of the petition. 3-1-7 . 3-1-7 . Horse show, rodeo, or dog and pony shows (Ala.Code 1975 40-12-111), Chapter 9. No person shall keep any dog which has been known to kill or worry sheep or other stock without being set upon the same. Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. Regulations & Controls | Shelby County, AL - Official Website Or perhaps, the lack of animal control. 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. Local Laws Alabama Code Title 45. For community cats, the inclusion or omission of just a few words in these laws can be the difference between life and death. CALHOUN COUNTY, ALABAMA NOVEMBER 8, 2022 ABSENTEE OFFICIAL BALLOT BALLOT STYLE - 1 GENERAL AND CONSTITUTIONAL AMENDMENT ELECTION CALHOUN COUNTY, ALABAMA . Originally called the Alabama Court Clerk's Association, the group was established in 1991. 2. (a)(1) When a person claims that a dog is dangerous, the person shall make a sworn statement before a city magistrate or sheriff setting forth the name of the dog owner, if known, the location where the dog is being kept in the city or county, and the reason he or she believes the dog to be dangerous. Activities relating to fighting of dogs prohibited; punishment; confiscation; procedures for disposition of animals. Penalty for dog or cat without tag or certificate. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 90-530, p. 816, 7; Act 2009-636, p. 1949, 1.). The age of the majority in Alabama is now 19. County rabies officer; application; appointment; term; powers and duties; authority of county board of health. The State Health Officer or any county health officer as defined in Section 22-3-2, or his or her designee. The rabies officer and his or her deputies in each county are clothed with limited police powers to the extent that they may issue citations for violations of this chapter as an agent of the county board of health, and shall not be subject to the limitations of Section 36-21-50. 1-A - Authority of Coastal Counties to Regulate Motor Vehicles and Littering On Beaches, Texas Constitution Art. At his or her discretion, the impounding officer may provide for adoption of any animal not redeemed or claimed or otherwise disposed of, to any person desiring the animal, if the person complies with all the provisions of this chapter. Calhoun County, AL Family Law Attorney with 13 years of experience. Shirley A. Millwood. Calhoun County Lawyers - Compare Top Attorneys in Calhoun County Government, Calhoun County, Alabama Family, Bankruptcy, Business and Divorce. Their vote makes the state law applicable to Elmore County. The surrender shall not be considered a presumption of guilt. General Provisions. Alabama law does not make this action a crime, although theft or property damage laws may apply. Construction and application of chapter. 3-1-1. (2) Cat. 3-7A-10 . 3-1-3 . Calhoun County District CourtUnlawful Detainer/Eviction Procedures. 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. 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. 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. (2) For amusement or gain, to cause any dog to fight with another dog, or cause any dogs to injure each other. (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. (h) If any dog owner is convicted under subsection (a) or (b), the animal or animals shall be awarded to the local humane society or other animal welfare agency. 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. 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 surety bond required by subparagraph 1. shall provide coverage for dog bites, injuries, or death caused by the dog. Courts in Calhoun County, Alabama. (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. In that instance, a new certificate marked duplicate may be issued and distributed according to Section 3-7A-2. f. The enclosure shall be locked at all times while the dog is inside the enclosure. Dogs and cats to be immunized; certificate; validity; to whom sale, etc., of vaccine may be made. 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. 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. Applications shall be provided to the chair of each county board of health during the month of November. 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. Attorney Ratings. 1180.). c. Provides adequate ventilation and protection from the elements. Nothing in this chapter shall be construed to repeal other criminal laws. 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. Feel free to ask any questions you have before hiring a lawyer to make sure you understand what . 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. CHAPTER 6. It requires dogs be confined to owner's property. AL 35128. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. 3-1-13 . A dog owner may be fined between $2 and $50 for failure to leash the dog. Any person violating this section shall be guilty of a misdemeanor and shall be 3-1-5 . 3-1-29. 3-1-8. A person, firm, corporation, or organization having a right of property in a dog, or who keeps or harbors a dog, or who has a dog in his or her care or acts as the custodian of a dog, or who permits a dog to remain on or about any premises occupied by him or her. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. All members of the domesticated canine (Canis familiaris) family. (4) Dangerous dog. Birmingham School of Law and Thomas Goode Jones School of Law, Faulkner University. ARTICLE 10. Child Abuse/Neglect Reporting - Alabama Department of Human Resources Get free summaries of new opinions delivered to your inbox! Unlawful or malicious killing, injury, etc., of dog of another. (2) The court shall set a hearing date no more than 20 days from the filing of the petition for civil forfeiture and shall give notice of the hearing to the owner or keeper of the dog. Seeing eye dogs shall be included within the meaning of this definition. Cruelty to animals. (Acts 1990, No. Killing or disabling livestock; penalty. 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 corporate limits of any city or town in this state that requires a license tag Unauthorized access or use is not permitted and constitutes a crime punishable by law. 3-6-2. (10) Person. 3-7A-9. An agent of a county or municipality vested with impounding authority for animals covered under this chapter. For dogs that haven't been. this Section. Property Line and Fence Laws in Alabama - FindLaw 3-1-28 . (Code 1867, 1296; Code 1876, 1601; Code 1886, 1379; Code 1896, 421; Code 1907, 2832; Code 1923, 6072; Code 1940, T. 3, 1.). Those interested should complete the Rescue Application and email it to the address below or if you have any questions please do not hesitate to call. Contact information is as follows: Calhoun County Animal Control 3605 Morrisville Rd Anniston, AL 36201 Phone: 256-241-2929 animalcontrol@calhouncounty.org Burial or burning of bodies of dead animals generally; burning of hogs dying from cholera, etc. Get Help With Alabama Child Custody. Any expenses incurred in the quarantine of the offending animal under this section and Section 3-7A-8 shall be borne by the owner. (256) 847-3777 8385 Alabama Highway 144. Permitting dog or hog known to kill, etc., sheep, domestic fowl, etc., to run at large. Alabama law is clear on reporting abuse and neglect of children under the age of 19. 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. 3-1-11.1. 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. Please call your County Department of Human Resources or local law enforcement agency to report suspected abuse or neglect. Title 3. TITLE 3. 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. dogs to accompany such owner or other person or persons elsewhere than on the premises (6) Impounded. (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. Placement of area under quarantine; additional measures. 82- 626, p. Maintenance of pound; notice of impoundment; adoption of animals. (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. 3-1-4 . 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. (10) Serious physical injury. Mr. Howard Wayne East. Dummier Young LLC. Alabama Code Title 3. Animals 3-1-5 | FindLaw (11) Quarantine for rabies observation. 90-530, p. 816, 9; Act 2009-636, p. 1949, 1.). Violators will . [ 3-1-15 - 3-1-27 omitted because unrelated to dogs]. the same has been adopted by the county commission of such county. (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. 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. (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. When person deemed lawfully on property of owner of dog. Maintenance of pound; notice of impoundment; adoption of animals. 383, p. 813, 8; Code 1940, T. 8, 89.). 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. Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. PDF Calhoun County Ordinances 3-1-8 . There is 1 Court per 16,503 people, and 1 Court per 86 square miles. 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. Penalty for dog or cat without tag or certificate. Graduated from Cumberland School of Law, Birmingham, Alabama in 1994. Birmingham School of Law and Thomas Goode Jones School of Law, Faulkner University Jacksonville State University and Gadsden State Community College Alabama. 3-1-14 . 3-1-3. Calhoun County Family Court -- Child Custody Info - LegalConsumer.com 3-1-10 . The animal control officer shall file a summons for the owner of the dog, if known, with the municipal court or district court. Commission Office 1702 Noble Street Suite 103 Anniston, AL 36201 Phone: 256-241-2800 Rabies vaccine required for any canidae or felidae; applicability. 3-1-29 . (2) The sworn statement shall be delivered to an animal control officer who shall complete a dangerous dog investigation. CONSERVATION AND NATURAL RESOURCES. (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. 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. (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. Sign up for our free summaries and get the latest delivered directly to you. Article 8. For the purposes of this chapter, the following words shall have the following meanings: (1) Animal control officer. Alabama Code 45-49-170.03. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. (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. or persons having such dog or dogs in his or their charge from allowing such dog or (f) The veterinarian under whose care the offending animal has been committed for quarantine shall promptly report the results of his or her observation of the animal to the attending physician of the human being bitten or exposed and the appropriate health officer.