A signed paper copy of the certificate prescribed herein shall be delivered to the owner of the animal immunized. Where there is no local authority having jurisdiction (AHJ), the default code enforcement is by the State Fire Marshal. (d) If a dog that has not been declared by a court to be dangerous, when unjustified, attacks and causes physical injury to a person, and the owner of the dog had prior knowledge of the dangerous propensities of the dog, yet demonstrated a reckless disregard of the propensities under the circumstances, the owner of the dog shall be guilty of a Class B misdemeanor. All rights reserved. Licensed to practice law in Georgia and Florida in 1994. this Section. Destruction of domesticated species exposed to rabid animal; quarantine as option on recommendation of Department of Public Health. The bond extension shall be considered in accordance with the procedures set forth in subsection (g). Cruelty to animals. CHAPTER 11. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. (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. All members of the domesticated canine (Canis familiaris) family. All members of the ferret (Mustela putorius furo) family. (a) Every owner of a dog, cat, or ferret required to be immunized for rabies as defined in this chapter, shall cause the animal to be immunized by the rabies officer, his or her authorized representative, or any duly licensed veterinarian, when the animal reaches three months of age and subsequently in accordance with the intervals specified in the vaccine's license. Seeing eye dogs shall be included within the meaning of this definition. 3-1-10. (4) At the end of the time for which expenses are covered by the bond or deposit of funds, if the owner or keeper fails to post a new bond or deposit new funds with the clerk of the court, which must be received before the expiration date of the previous bond or deposit of funds, then the dog shall be forfeited by operation of law. Dogs and cats to be immunized; certificate; validity; to whom sale, etc., of vaccine may be made. 9-11-238. 383, p. 813, 8; Code 1940, T. 8, 89.). The filing fee is $65.00 Minor Name Changes You will need to contact an attorney for a minor name change c. Provides adequate ventilation and protection from the elements. (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. Lynne Whitten, Supervisor - Appeals. (Acts 1990, No. Those domesticated species, for which rabies vaccine is recognized and recommended, upon exposure or potential exposure to a known rabid animal, shall be humanely destroyed or slaughtered immediately. broadband infrastructure by state law to public or private entities for providing or expanding broadband infrastructure. 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. (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. b. Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. (6) Health officer. (6) Impounded. Prev Next The animal control officer shall file a summons for the owner of the dog, if known, with the municipal court or district court. 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. 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. ; failure to burn or bury dead animal, etc. An injury as defined in Section 13A-1-2. [Link to page for provisions for Chilton County only (Ala.Code 1975 45-11-172 - 172.08)]. Pell City does have a leash law, a vicious animal ordinance, and requires owners to be in control of their pets at all times. CHAPTER 8. 90-530, p. 816, 12; Act 2009-636, p. 1949, 1.). 3-1-4 . Part 4. (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. 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. (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. 461, p. 702; Code 1923, 3223; Code 1940, T. 3, 60.). Feel free to ask any questions you have before hiring a lawyer to make sure you understand what . (3) Dog. County rabies officer; application; appointment; term; powers and duties; authority of county board of health. 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. 3-1-8 . (b) This section shall not apply to the running at large of any dog or dogs within the corporate limits of any city or town in this state that requires a license tag to be kept on dogs nor shall this section apply in any county in this state until the same has been adopted by the county commission of such county. Maintenance of pound; notice of impoundment; adoption of animals. GENERAL PROVISIONS. 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. No person shall keep any dog which has been known to kill or worry sheep or other stock without being set upon the same. (Acts 1990, No. 3-1-11. 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. 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. All members of the canine family including dog hybrids. (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. This site is protected by reCAPTCHA and the Google, There is a newer version CHAPTER 6. (4) Ferret. High 59F. Leash laws; enforcement. View Website View Lawyer Profile Email Lawyer. 90-530, p. 816, 5; Act 2009-636, p. 1949, 1.). Replacement of certificate and tag. Dummier Young LLC. 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. (9) Owner. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. All dogs, cats, and ferrets which have been impounded in accordance with the provisions of this chapter, after notice is given to the owner as provided in Section 3-7A-7, may be humanely destroyed and disposed of when not redeemed by the owner within seven days. The best way to find an experienced family law attorney in Calhoun County, Alabama is to talk to the law office about your needs. Destruction of impounded dogs and cats; when authorized; redemption by owner; sale of impounded animals. Relation to Volunteer Service Act. The Calhoun County Commission would like to welcome you to the Calhoun County WEB site and hope you will return often. (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. 3-7A-7 . Alabama: Calhoun County Circuit Court 25 W 11th St, Anniston, AL 36201 Phone: (256) 231-1750. Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. 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. 3-6A-6. 3-1-12. 3-1-3 . 3-7A-13. 3-7A-8 . 3-1-5.1. (Code 1867, 1296; Code 1876, 1601; Code 1886, 1379; Code 1896, 421; Code 1907, 2832; Code 1923, 6072; Code 1940, T. 3, 1.). Any expenses incurred in the quarantine of the offending animal under this section and Section 3-7A-8 shall be borne by the owner. 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. All members of the domesticated feline (Felis catus) family. 3-1-1 . Every lawyer is a little different and you may want to find the best family lawyer to address your individual situation. (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. Chapter 8. (9) Proper enclosure of a dangerous dog. 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. 3-1-8 . If the humane society determines that the animal cannot be sold, it may cause the animal to be otherwise disposed of. Reasonable costs shall include, but not be limited to, transportation, food, shelter, and care, including veterinary care. Animals 3-1-6 on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Government, Calhoun County, Alabama. 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. 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. Penalties for violations of provisions of article, etc. 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. 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. FISH, GAME, AND WILDLIFE. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. c. The animal control officer shall send a copy of the investigation report to the county attorney, municipal attorney, or municipal prosecutor. ANIMALS. (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. 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. (b) This section shall not apply to any person who is a licensed veterinarian operating his or her business in an area zoned therefor; nor shall this section apply to any person using dogs to guard his or her business. 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. 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. (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. fined not less than $2.00 nor more than $50.00. Cullman County Animal Control Division Director Tim McKoy said the county has a leash law. 3-1-5. Comprehensive lawyer profiles including fees, education, jurisdictions, awards, publications and social media. (2) In lieu of the investigation, the owner of the alleged dangerous dog may consent to the dog being humanely euthanized. (10) Serious physical injury. 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. 90-530, p. 816, 10; Act 2009-636, p. 1949, 1.). 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. (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. 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. Sign up for our free summaries and get the latest delivered directly to you. - Repealed by Act 2015-70, 1(12), effective April 21, 2015. LawServer is for purposes of information only and is no substitute for legal advice. The age of the majority in Alabama is now 19. Local Laws Alabama Code Title 45. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. We intend to make this a site which will benefit each and every citizen of Calhoun County by providing valuable information into the day-to-day operation of your county government. Calhoun County, AL Family Law Attorney. (5) Has been exposed. 1 - Creation and Modification of Counties, Texas Constitution Art. ; failure to burn or bury dead animal, etc. Penalty for dog or cat without tag or certificate. There's a simmering controversy in Calhoun County over animal control. Section 3-1-5 - Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. (11) Quarantine for rabies observation. 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. 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. (4) Dangerous dog. You're all set! Alabama law is clear on reporting abuse and neglect of children under the age of 19. Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same. CONSERVATION AND NATURAL RESOURCES. TITLE 3. Activities relating to fighting of dogs prohibited; violations; confiscation; procedures for disposition of animals; bond for the care of seized dog; forfeiture. (2) Attack. The administration of rabies vaccine to species other than those for which reliable immunization data is available shall be a violation of this chapter. Suspected or confirmed contact of saliva with a break or abrasion of the skin or with any mucous membrane, as determined by the health officer or medical or law enforcement personnel. (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. Article 8. CHAPTER 11. Hogs dying from cholera or any other disease whatsoever shall be burned. Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. Code of Alabama. 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. 3-1-13 . Animals 3-1-5 - last updated January 01, 2019 3. Nearly every administrationin the country has a leash law. 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. 3-7A-9 . 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. A LeashLaw is one that prohibits dog owners from letting their dogs run loose,meaning dogs must always be confined or leashed. 518, p. 1242; Act 99-698, 2nd Sp. (b) In addition to being guilty of a Class C felony, any person who unlawfully, wantonly, or maliciously kills, disables, disfigures, destroys, or injures the livestock of another while the livestock is on the premises of the owner of the livestock, or on the premises of a person having charge thereof, shall be liable for damages sustained by the killing, disabling, disfiguring, or destroying of the livestock in an amount equal to double the value thereof. Rabies vaccine required for any canidae or felidae; applicability. 607, p. 812, 9901, as amended, effective January 1, 1980. No such animal shall be burned or buried sufficiently near a residence or residences as to create a nuisance. 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. The State Health Officer or any county health officer as defined in Section 22-3-2, or his or her designee. (256) 403-0521. h. The owner of the dangerous dog shall provide proof to the court that he or she has constructed a proper enclosure for a dangerous dog pursuant to Section 3-6A-3. 3-6A-8. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. (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. . Their vote makes the state law applicable to Elmore County. 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. Mayor 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). (Acts 1990, 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. 3-1-2. (Acts 1990, No. 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. Relation to Volunteer Service Act. (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. (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. Phone:(205) 814-1567. Destruction of impounded dogs and cats; when authorized; redemption by owner; sale of impounded animals. Please call your County Department of Human Resources or local law enforcement agency to report suspected abuse or neglect. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Chance of rain 80%.. . (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. (c) Any dog used to fight other dogs in violation of subsection (a) of this section shall be confiscated as contraband by the sheriff or other law enforcement officers and shall not be returned to the owner, trainer, or possessor of the dog.