No such animal shall be burned or buried sufficiently near a residence or residences as to create a nuisance. (5) Has been exposed. 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. Code of Alabama. 3-1-13. 607, p. 812, 9901, as amended, effective January 1, 1980. on which such dog or dogs is or are regularly kept. TITLE 3. (Proposed by Act 2022-117) YES NO S TA EWI DM N 3 3-1-1. 3-6A-7. (Acts 1990, No. 3-1-12. 3-1-10 . (d) It shall be a violation of this chapter for the owner of such an animal to refuse to comply with the lawful order of the health officer in any particular case. Contact information is as follows: Calhoun County Animal Control 3605 Morrisville Rd Anniston, AL 36201 Phone: 256-241-2929 animalcontrol@calhouncounty.org g.1. The animal control officer shall file a summons for the owner of the dog, if known, with the municipal court or district court. 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. 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). Or perhaps, the lack of animal control. 90-530, p. 816, 10; Act 2009-636, p. 1949, 1.). Seized with the teeth so that the skin of the person seized has been gripped, or has been wounded or pierced, resulting in physical injury. 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. 3-7A-6 . 9 sec. 3-7A-8. Rabies Vaccine. Local Laws. FISH, GAME,AND WILDLIFE. CONSERVATION AND NATURAL RESOURCES. Comprehensive lawyer profiles including fees, education, jurisdictions, awards, publications and social media. 3-7A-6. This site is not a law firm and cannot offer legal advice. ABA Votes To Keep Admission Tests Requirement When dogs permitted in areas; liability of owners of dogs at large in areas. Chapter 6. (6) Health officer. 3-7A-16. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. Box 1511 Montgomery, AL 36102-1511. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Copyright 2023, Thomson Reuters. 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. (1) If, within 72 hours of the conclusion of the hearing, the owner or keeper fails to post the bond or deposit funds with the clerk of the court as ordered by the court, then the dog shall be forfeited by operation of law. 90-530, p. 816, 8; Act 2009-636, p. 1949, 1.). The owner of such dog shall, however, be entitled to plead and prove in mitigation of damages that he had no knowledge of any circumstances indicating such dog to be or to have been vicious or dangerous or mischievous, and, if he does so, he shall be liable only to the extent of the actual expenses incurred by the person so bitten or injured as a result of the bite or injury. 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. (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. 3-1-6 . Calhoun County uses the latest encryption technology to safeguard information entered into the system. MADISON, Ala. - The City of Madison has a new animal tethering ordinance in place. 3-6-1 . (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. Section 3-1-5 Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. The county board of health, not later than January 31 of the appointing year, shall select and appoint a nominee, subject to the approval of the State Health Officer and the State Veterinarian. ARTICLE 10. No owner, lessee, proprietor, manager, superintendent, agent, or employee of any place of public accommodation, amusement or recreation, including, but not limited to, any inn, hotel, restaurant, eating establishment, barbershop, billiard parlor, store, public conveyance, theater, motion-picture house, public educational institution, or elevator shall refuse to permit a guide dog to accompany a blind person entering the place or making use of the accommodations available when the blind person is being led by the guide dog; if the guide dog is wearing a harness; and the blind person presents for inspection credentials issued by an accredited school for training guide dogs or the dog is being trained by a person employed by an accredited school for training guide dogs. [Link to page for provisions for Chilton County only (Ala.Code 1975 45-11-172 - 172.08)]. (Code 1867, 1296; Code 1876, 1601; Code 1886, 1379; Code 1896, 421; Code 1907, 2832; Code 1923, 6072; Code 1940, T. 3, 1.). Article 5. 3-1-8 . If the owner of an impounded animal is known, the owner shall be given direct notice of the impoundment. 90-530, p. 816, 11; Act 2009-636, p. 1949, 1.). This is a secure site. The court shall set a hearing date no more than 10 days from filing of the application and shall give notice of the same to the owner or keeper of the dog. (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. 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. You already receive all suggested Justia Opinion Summary Newsletters. A dog owner may be fined between $2 and $50 for failure to leash the dog. (11) Quarantine for rabies observation. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. - Repealed by Act 2015-70, 1(12), effective April 21, 2015. 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. County rabies officer; application; appointment; term; powers and duties; authority of county board of health. 383, p. 813, 8; Code 1940, T. 8, 89.). 607, p. 812, 9901, as amended, effective January 1, 1980. 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. Animals. Maintenance of pound; notice of impoundment; adoption of animals. (7) Immunization against rabies. Courts in Calhoun County, Alabama. Animals 3-1-5 - last updated January 01, 2019 Contact us. 185, p. 259; Code 1923, 3221; Code 1940, T. 3, 5.). 3-1-3. 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 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. (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. 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. 461, p. 702; Code 1923, 3223; Code 1940, T. 3, 60.). How to Find Sex Offender Information. 3-1-11. (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. 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. Dummier Young LLC. 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. 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. (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. Attorney Ratings. ANIMALS. 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. 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. (256) 847-3777. Rabies vaccine required for any canidae or felidae; applicability. Before you file legal papers, take some time to familiarize yourself with the resouces offered by your local court. Injury or destruction of dipping vat of another. (Acts 1990, No. 3-1-9. Animals 3-1-6 on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 3-1-9 . Repealed by Acts 1977, No. 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-7 . 3-1-14 . Cruelty to animals. Repealed by Acts 1977, No. 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. 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. 3-7A-10. 9 sec. 45-37A-53.01. 3-8-1. Title 3. When person deemed lawfully on property of owner of dog. Read this complete Alabama Code Title 3. You can explore additional available newsletters here. Mayor 3-1-29 . County rabies officer; application; appointment; term; powers and duties; authority of county board of health. Winds NE at 5 to 10 mph. (2) Attack. Any person violating this section shall be guilty of a misdemeanor and shall be 3-1-7 . Kim McCarson, Circuit Clerk. 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. (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. The best way to find an experienced family law attorney in Calhoun County, Alabama is to talk to the law office about your needs. (10) Person. (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. Any expenses incurred in the quarantine of the offending animal under this section and Section 3-7A-8 shall be borne by the owner. (Acts 1939, No. 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). RABIES VACCINE. . Where there is no local authority having jurisdiction (AHJ), the default code enforcement is by the State Fire Marshal. (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. Dogs are considered vicious that have bitten or have threatened to bite persons. (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) 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. (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) 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). Alabama Property Line and Fence Laws at a Glance Family, Bankruptcy, Business and Divorce. The court shall award the animals to the humane society or other agency handling stray animals. 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. It requires dogs be confined to owner's property. Penalty for dog or cat without tag or certificate. 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 3-7A-5. 1975 Ordinances . Rain. The filing fee is $65.00 Minor Name Changes You will need to contact an attorney for a minor name change Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. Individuals, firms, partnerships, and associations. Shirley A. Millwood. Placement of area under quarantine; additional measures. (7) Owner. Alabama Law Enforcement Agency Criminal Records and Identification Unit P.O. Chapter 8. Animals. 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. View Website View Lawyer Profile Email Lawyer. Compare 46 attorneys in Calhoun County, Alabama on Justia. 9-11-238. Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. (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. 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. Jefferson County Municipalities. Dogs and cats to be immunized; certificate; validity; to whom sale, etc., of vaccine may be made. Construction and application of chapter. 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. (d) Nothing in this chapter shall be construed to require any county or municipality to employ or make available an animal control officer. (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. (2) Cat. Isn'tit better if dogs run wild and just have fun?" Uh -- no! 3-1-4 . (c) The county health department is authorized to promulgate and enforce any reasonable rules and regulations necessary to implement this section. (Acts 1990, No. Originally called the Alabama Court Clerk's Association, the group was established in 1991. Animals. (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. Destruction of domesticated species exposed to rabid animal; quarantine as option on recommendation of Department of Public Health. You might wonder "Why? The age of the majority in Alabama is now 19. 3-7A-5 . or dogs is or are regularly kept. (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. 607, p. 812, 9901, as amended, effective January 1, 1980. Cullman, AL (35055) Today. Activities relating to fighting of dogs prohibited; violations; confiscation; procedures for disposition of animals; bond for the care of seized dog; forfeiture. (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. Aggressive physical contact by a dog. Any animal found by the court not to be diseased, injured, or lacking any useful purpose due to training or viciousness shall be delivered to a court-approved private veterinarian or a private housing facility under the supervision of a veterinarian. 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. 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. Relation to Volunteer Service Act. (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. Any person violating this section, whether by failure to burn or bury an animal dying or being killed in his possession or by causing the same to be burned in such proximity to a dwelling or in such other way as to become a nuisance shall be guilty of a misdemeanor and, on conviction, shall be fined not more than $50.00. 90-530, p. 816, 7; Act 2009-636, p. 1949, 1.). (b) Whenever the State Health Officer or local health authorities are convinced that the situation is conducive to the spread of rabies, additional measures may be imposed as are deemed necessary to prevent the spread of rabies among dogs, cats, and other animals. . 3-1-13 . Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Proof of trespassing by animal in mitigation or justification of offense; tender of compensation. They must be appropriately confined at all times, either by a leash when off the property or other means to keep them within an owner's property. (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. 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. 3-1-11.1. This chapter is known and may be cited as Emilys Law. Relation to Volunteer Service Act. 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. (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. 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. Those members of the canine family maintained by governmental agencies for exclusive use in official duties assigned to those agencies. General Provisions. 9 sec. 3-7A-11 . View Website View Lawyer Profile Email Lawyer. Graduated from Cumberland School of Law, Birmingham, Alabama in 1994. Sterilization of Dogs and Cats. 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. The form must be filled out completely before returning to the Calhoun County Probate Office. Unlawful or malicious killing, injury, etc., of dog of another. Most courts now offer at least some materials and forms to help you understand and manage your child custody case. to be kept on dogs nor shall this section apply in any county in this state until (Acts 1915, No. 4 - County-Wide Hospital Districts in Certain Large Counties. fined not less than $2.00 nor more than $50.00. Liability of owner for damages done by livestock or animals running at large; judgment lien upon animal or livestock causing damage (Ala. Code 1975 3-5-3), 40-12-111. 3-7A-7. 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. Get Help With Alabama Child Custody. Sess., p. 207, 1.). At its discretion, the humane society or other agency handling stray animals shall humanely dispatch or dispose of any confiscated dog. 668, p. 1061, 6; Code 1940, T. 8, 110(6).). There are 7 Courts in Calhoun County, Alabama, serving a population of 115,527 people in an area of 606 square miles. 1975-01 - Ordinance Regulating The Erection, Construction And Enlargement, . (256) 235-3863. Nearly every administrationin the country has a leash law. Please call your County Department of Human Resources or local law enforcement agency to report suspected abuse or neglect. If any dog, not being at the time on the premises of the owner or person having charge thereof, shall kill or injure any livestock, the owner or person having such dog in charge shall be liable for damages sustained by the killing or maiming of any livestock and for the full costs of the action. Alabama law is clear on reporting abuse and neglect of children under the age of 19. (h) The court hearing shall be held as soon as practicable. Email: animalcenter@cityofpellcity.net. 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. All members of the domesticated canine (Canis familiaris) family. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. 3-1-5.1. (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. (4) Ferret. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. There's a simmering controversy in Calhoun County over animal control. 84-796, p. 206; Act 2011-542, 1.). 3-7A-16 . CHAPTER 6. Licensed to practice law in Georgia and Florida in 1994. Penalty for dog or cat without tag or certificate. (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.
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