3-1-28. 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. Local Laws. (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. 2. Courts in Calhoun County, Alabama. Animals 3-1-6 on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Hunting and Trapping of Birds and Game. - Repealed by Act 2015-70, 1(12), effective April 21, 2015. 3-1-7. 1180.). View Lawyer Profile. (9) Proper enclosure of a dangerous dog. An injury as defined in Section 13A-1-2(12). Liability of owner, etc., for injuries caused by rabid dog. (b) Nothing in this chapter is designed to abrogate any civil remedies available under statutory or common law. Applications shall be provided to the chair of each county board of health during the month of November. 3-8-1 . 3. 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. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. Calhoun County, AL Family Law Attorney with 13 years of experience. Construction and application of chapter. (b) This section shall not apply to the running at large of any dog or dogs within 3-7A-5. Or perhaps, the lack of animal control. 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. It requires dogs be confined to owner's property. Do not send reports of suspected abuse or neglect via email. ; failure to burn or bury dead animal, etc. 461, p. 702; Code 1923, 3223; Code 1940, T. 3, 60.). (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. 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. Destruction of impounded dogs and cats; when authorized; redemption by owner; sale of impounded animals. (Acts 1990, No. (Acts 1967, No. Notice of such rules and regulations shall be given by publication 30 days before the effective date. Birmingham School of Law and Thomas Goode Jones School of Law, Faulkner University. 3-1-7 . Comprehensive lawyer profiles including fees, education, jurisdictions, awards, publications and social media. Replacement of certificate and tag. (b) If a dog that has not been declared by a court to be dangerous, when unjustified, attacks and causes serious physical injury or death 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 C felony. 1975 Ordinances . Killing or disabling livestock; penalty. Please call your County Department of Human Resources or local law enforcement agency to report suspected abuse or neglect. 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. Liability of Owners of Dogs Biting or Injuring Persons; Title 3. Mr. Howard Wayne East. (1) If the court determines that the dog is dangerous and has caused serious physical injury or death to a person, the court shall order the dog to be humanely euthanized by a licensed veterinarian or an authorized animal control official. The animal control officer shall file a summons for the owner of the dog, if known, with the municipal court or district court. g.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. Before you file legal papers, take some time to familiarize yourself with the resouces offered by your local court. 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. Repealed by Acts 1977, No. LIABILITY OF OWNERS OF DOGS BITING OR INJURING PERSONS. Duties of animal control officer. dogs to accompany such owner or other person or persons elsewhere than on the premises Dummier Young LLC. (Acts 1990, No. 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. (a) For the purposes of this section, the following terms shall have the following meanings: (1) Agricultural work dog. Chapter 8. Cruelty to animals. Alabama Property Line and Fence Laws at a Glance this Section. (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. Chapter 37A. 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. Animals. (Acts 1990, No. Most courts now offer at least some materials and forms to help you understand and manage your child custody case. Permitting dog or hog known to kill, etc., sheep, domestic fowl, etc., to run at large. 607, p. 812, 9901, as amended, effective January 1, 1980. c. Provides adequate ventilation and protection from the elements. on which such dog or dogs is or are regularly kept. Chapter 7A. 3-1-4 . At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Activities relating to fighting of dogs prohibited; violations; confiscation; procedures for disposition of animals; bond for the care of seized dog; forfeiture. A dog, regardless of its breed, that has bitten, attacked, or caused physical injury, serious physical injury, or death to a person without justification, except a dog that is a police animal as defined by Section 13A-11-260, used by law enforcement officials for legitimate law enforcement purposes. A signed paper copy of the certificate prescribed herein shall be delivered to the owner of the animal immunized. (Proposed by Act 2022-117) YES NO S TA EWI DM N 3 FISH, GAME, AND WILDLIFE. (1) Notwithstanding the other provisions of this chapter, the State Board of Health by rule may establish procedures and qualifications for an exemption from the requirement for a vaccination for an animal if a rabies vaccination would be injurious to the animal's health. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. Activities relating to fighting of dogs prohibited; punishment; confiscation; procedures for disposition of animals. Get Help With Alabama Child Custody. 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. 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. 4 - County-Wide Hospital Districts in Certain Large Counties. Calhoun County uses the latest encryption technology to safeguard information entered into the system. In that instance, a new certificate marked duplicate may be issued and distributed according to Section 3-7A-2. 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. 3-1-6. Winds NE at 5 to 10 mph. 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. (e) An appointed veterinarian or officer of the humane society or other animal welfare agency may upon delivery or at any time thereafter destroy the animal that is in his or her opinion injured, diseased past recovery, or whose continued existence is inhumane and destruction is necessary to relieve pain or suffering. 3-7A-7 . Nearly every administrationin the country has a leash law. (2) The sworn statement shall be delivered to an animal control officer who shall complete a dangerous dog investigation. (6) Health officer. (2) For amusement or gain, to cause any dog to fight with another dog, or cause any dogs to injure each other. 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. (Acts 1915, No. (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. ANIMALS. (2) An animal exempted under subdivision (1) shall be considered unvaccinated by the State Board of Health in the event of the animal's exposure to a confirmed or suspected rabid animal. Leash laws; enforcement. 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. (Acts 1990, No. Article 8. Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. 9-11-305 . 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. 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. (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. 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. GENERAL PROVISIONS. Rabies; Title 3. A licensed veterinarian as defined in Section 34-29-61, duly appointed by the county board of health and approved by the State Health Officer and State Veterinarian. 82-461, p. 739; Acts 1984, 1st Ex. It must be notarized outside the Calhoun County Probate Office. TITLE 9. (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. 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. 90-530, p. 816, 14; Act 2009-636, p. 1949, 1.). AL 35128. to be kept on dogs nor shall this section apply in any county in this state until (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. Email: animalcenter@cityofpellcity.net. (c) For the purpose of providing proper enforcement of this chapter, the county board of health is hereby invested with general supervisory and administrative authority for the implementation of this chapter. 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. Those members of the canine family maintained by governmental agencies for exclusive use in official duties assigned to those agencies. (7) Owner. Residents in Alabama, home to many pecan and oak trees, can recover additional damages if someone deliberately damages their tree. Nothing in this section shall prevent the owner of any dog or dogs or other person 84-796, p. 206; Act 2011-542, 1.). Council Schedule. It shall be unlawful for any person to suffer, allow, or permit any animal which is vicious, or presumed to be vicious, as herein defined, to be off the premises of the owner or person in charge unless said animal is caged or leashed and muzzled, and under such restraint as will prevent it from attacking or injuring a person or other animal. 3-7A-6. 9-11-306. [Link to page for provisions for Chilton County only (Ala.Code 1975 45-11-172 - 172.08)]. 3-7A-6 . An injury as defined in Section 13A-1-2. 82- 626, p. This site is not a law firm and cannot offer legal advice. 3-1-2 . Local Laws Alabama Code Title 45. Isn'tit better if dogs run wild and just have fun?" Uh -- no! 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. 3-1-2. (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. (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. High 59F. 3-1-29 . 3-7A-9 . Unlawful or malicious killing, injury, etc., of dog of another. CALHOUN COUNTY ORDINANCES . No person shall keep any dog which has been known to kill or worry sheep or other stock without being set upon the same. 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. 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. LawServer is for purposes of information only and is no substitute for legal advice. 9-11-307 . (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. Their vote makes the state law applicable to Elmore County. 3-7A-16 . 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. (2) Hunting dog. (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. 3-7A-2 . 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. Alabama law is clear on reporting abuse and neglect of children under the age of 19. Penalty for dog or cat without tag or certificate. (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. ANIMALS. All members of the domesticated canine (Canis familiaris) family. (Acts 1990, No. 2nd Monday of each Month 5:30 P.M Work . Impoundment of dogs; redemption or destruction of impounded dogs. Has secure sides and a secure top attached at all sides. (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. 9 sec. The owner of the dog, if known, shall be served with a copy of the petition. For the purposes of this chapter, the following words shall have the following meanings: (1) Animal control officer. 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 administration of rabies vaccine to species other than those for which reliable immunization data is available shall be a violation of this chapter. (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. Penalties for violations of provisions of article, etc. Law Firm Website Law Firm Profile. the same has been adopted by the county commission of such county. 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. (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. Any dog trained to hunt wild game with a handler. e. The owner of the dangerous dog shall be required to pay all expenses involved with the investigation, pickup, and impoundment, and any court costs or fees related to the hearing to determine whether the dog is dangerous. Applications for this position may be received from any duly licensed veterinarian residing within the county, or in the event that no applications are received, from the Alabama Veterinary Medical Association. 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. Any person violating this section shall be guilty of a misdemeanor and shall be Aggressive physical contact by a dog. (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. WILDLIFE MANAGEMENT AREAS. (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. 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. Unauthorized access or use is not permitted and constitutes a crime punishable by law. Read this complete Alabama Code Title 3. Killing or disabling livestock; penalty. (11) Quarantine for rabies observation. (Acts 1982, No. 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. 3-7A-11. Shirley A. Millwood. 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. This is a secure site. 3-1-14 . Replacement of certificate and tag. Box 1511 Montgomery, AL 36102-1511. Please be assured that your information will remain confidential and will not be shared. fined not less than $2.00 nor more than $50.00. Stay up-to-date with how the law affects your life.
Blackrock China Office,
Articles C
