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. (4) Ferret. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. the corporate limits of any city or town in this state that requires a license tag 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. 2nd Monday of each Month 5:30 P.M Work . Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same. All members of the domesticated canine (Canis familiaris) family. 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. CHAPTER 11. (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. TITLE 3. 607, p. 812, 9901, as amended, effective January 1, 1980. This is a secure site. (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. The necessary expenses incurred for the care and keeping of the animal after such notice by the humane society shall be a lien thereon and, if the animal is not reclaimed within 10 days from the giving of such notice, the humane society may sell the animal to satisfy such lien. 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. 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. - Repealed by Act 2015-70, 1(12), effective April 21, 2015. Alabama Leash Law Dogs are not permitted to run at large in Alabama. Chapter 1. 3-8-1 . . (f) After confiscation the humane society or other animal welfare agency may make application to the circuit court for a hearing to determine whether any animal seized pursuant to subsection (c) shall be humanely destroyed due to disease, injury or lack of any useful purpose because of training or viciousness. (a) Every person owning or having in charge any dog or dogs shall at all times confine Any dog that is trained to herd or protect livestock or to otherwise assist in agricultural work and is actually or has been used for such purposes. (a) In any city with a population of 300,000 inhabitants or more, according to the 1970 or any subsequent federal decennial census, no person shall put any dog or dogs in a vacant lot which is not adjacent or contiguous to his or her residence. Chapter 7A. The bond extension shall be considered in accordance with the procedures set forth in subsection (g). 90-530, p. 816, 9; Act 2009-636, p. 1949, 1.). 9 sec. Chance of rain 80%.. . 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. 185, p. 259; Code 1923, 3221; Code 1940, T. 3, 5.). The appointee's term of office shall expire on December 31 of the year of appointment; provided, however, that he or she shall be eligible for reappointment. 3-6-1 . Please call your County Department of Human Resources or local law enforcement agency to report suspected abuse or neglect. Phone:(205) 814-1567. 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). ; failure to burn or bury dead animal, etc. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 3-7A-11 . 3-6A-4. (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. (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. Maintenance of pound; notice of impoundment; adoption of animals. Animals. Unlawful or malicious killing, injury, etc., of dog of another. Comprehensive lawyer profiles including fees, education, jurisdictions, awards, publications and social media. You already receive all suggested Justia Opinion Summary Newsletters. (Acts 1990, No. Penalties for violations of provisions of article, etc. 2. Local Laws Alabama Code Title 45. Alabama law does not make this action a crime, although theft or property damage laws may apply. (Code 1907, 2470; Code 1923, 5678; Code 1940, T. 3, 3.). (10) Serious physical injury. There is 1 Court per 16,503 people, and 1 Court per 86 square miles. (5) Has been exposed. Get Help With Alabama Child Custody. Any judicial determination in municipal court or district court that a dog is dangerous may be appealed to the circuit court pursuant to the requirements of the Alabama Rules of Civil Procedure and the order of the circuit court shall be final. 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. (2) The sworn statement shall be delivered to an animal control officer who shall complete a dangerous dog investigation. 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. For dogs that haven't been. ANIMALS. Sess., No. For the purposes of this chapter, the following words shall have the following meanings: (1) Animal control officer. Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. You're all set! Liability of owner, etc., for injuries caused by rabid dog. (7) Owner. 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. 3-1-1. (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. (Acts 1990, No. CONSERVATION AND NATURAL RESOURCES. Those members of the canine family maintained by governmental agencies for exclusive use in official duties assigned to those agencies. Shirley A. Millwood. (Code 1876, 4411; Code 1886, 3871; Code 1896, 5092; Code 1907, 6231; Code 1923, 3213; Code 1940, T. 3, 10.). For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. on which such dog or dogs is or are regularly kept. (c) For purposes of this section, livestock is defined as equine or equidae, cows, swine, goats, and sheep. Get free summaries of new opinions delivered to your inbox! 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. (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. 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. 2 - Removal of County Seats, Texas Constitution Art. Penalty for dog or cat without tag or certificate. Email: animalcenter@cityofpellcity.net. At its discretion, the humane society or other agency handling stray animals shall humanely dispatch or dispose of any confiscated dog. At the hearing, the county attorney, municipal attorney, or municipal prosecutor shall present evidence that the dog is dangerous. Alabama law is clear on reporting abuse and neglect of children under the age of 19. 3-1-5.1. (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. 3-1-13 . Liability of Owners of Dogs Biting or Injuring Persons; Title 3. Has secure sides and a secure top attached at all sides. 3-1-7 . (11) Quarantine for rabies observation. It ensures that you can not restrain pets with a leash or tether unless you are outside watching them. 3-7A-8 . The certificate shall be dated and signed by the person authorized to administer the vaccine. County rabies officer; application; appointment; term; powers and duties; authority of county board of health. (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. 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. Any dog trained to hunt wild game with a handler. Individuals, firms, partnerships, and associations. The owner shall provide proof of the surety bond each time the annual dangerous dog registration fee is paid. Their vote makes the state law applicable to Elmore County. (Acts 1990, No. 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. Part 4. This site is not a law firm and cannot offer legal advice. Even if you plan to work with a lawyer, it's smart to do some research before . 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. (3) Bitten. The animal control officer shall file a summons for the owner of the dog, if known, with the municipal court or district court. 1180.). 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. Killing or disabling livestock; penalty. 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 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. Nothing in this chapter shall be construed to repeal other criminal laws. 607, p. 812, 9901, as amended, effective January 1, 1980. 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. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. Please be assured that your information will remain confidential and will not be shared. (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. 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. Hunting and Trapping of Birds and Game. (Ala. Code 1975 3-1-29), 3-5-3. (d) Any dog confiscated pursuant to subsection (c) by the sheriff or other law enforcement officers shall be taken to the local humane society or other animal welfare agency. CHAPTER 8. Activities relating to fighting of dogs prohibited; violations; confiscation; procedures for disposition of animals; bond for the care of seized dog; forfeiture. 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. 3-7A-10. Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. 93-719, p. 1406, 1-3; Act 2004-627, p. 1421, 1.). Attorney Ratings. Shirley A. Millwood. 3-1-9. Dummier Young LLC. View Website View Lawyer Profile Email Lawyer. Any expenses incurred in the quarantine of the offending animal under this section and Section 3-7A-8 shall be borne by the owner. c. The owner of the dangerous dog shall provide a copy of the certificate of the current rabies vaccination of the dog. Title 45. (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. The age of the majority in Alabama is now 19. 3-6A-7. Calhoun County Circuit Clerk's Office. Calhoun County, AL Attorney. Destruction of impounded dogs and cats; when authorized; redemption by owner; sale of impounded animals. There are 7 Courts in Calhoun County, Alabama, serving a population of 115,527 people in an area of 606 square miles. (Code 1852, 186, 191; Code 1867, 3733, 3738; Code 1876, 4408, 4420; Code 1886, 3869; Code 1896, 5090, 5091; Code 1907, 6230; Code 1923, 3212; Code 1940, T. 3, 9; Acts 1982, No. No such animal shall be burned or buried sufficiently near a residence or residences as to create a nuisance. (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. 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. (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. 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. Placement of area under quarantine; additional measures. The State Health Officer or any county health officer as defined in Section 22-3-2, or his or her designee. View Lawyer Profile. TITLE 3. 1. 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. (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. 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. The injection, in a manner approved by the State Health Officer and the State Veterinarian, of rabies vaccine approved by the State Health Officer and the State Veterinarian. 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. Title 3. 3-1-5 . 461, p. 702; Code 1923, 3223; Code 1940, T. 3, 60.). All members of the canine family including dog hybrids. Repealed by Acts 1977, No. 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. 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. Animals 3-1-5 - last updated January 01, 2019 GENERAL PROVISIONS. 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. The owner of a dog in violation of the leash law can be subject to a misdemeanor offense and payment of a fine of $2.00 to $50.00 if a warrant is processed against them. 90-530, p. 816, 12; Act 2009-636, p. 1949, 1.). 668, p. 1061, 6; Code 1940, T. 8, 110(6).). A signed paper copy of the certificate prescribed herein shall be delivered to the owner of the animal immunized. (9) Owner. Feel free to ask any questions you have before hiring a lawyer to make sure you understand what . 9-11-238. 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. (Acts 1990, No. Destruction of impounded dogs and cats; when authorized; redemption by owner; sale of impounded animals. 3-1-10 . Permitting dog or hog known to kill, etc., sheep, domestic fowl, etc., to run at large. Unauthorized access or use is not permitted and constitutes a crime punishable by law. 90-530, p. 816, 7; Act 2009-636, p. 1949, 1.). 3-1-11.1 . 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) To permit any act in violation of subdivisions (1) and (2) of this subsection. 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. CONSERVATION AND NATURAL RESOURCES. When dogs permitted in areas; liability of owners of dogs at large in areas. Read this complete Alabama Code Title 3. Cruelty to animals. ABA Votes To Keep Admission Tests Requirement 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. Except as provided for in Section 3-7A-6, any person violating or aiding or abetting the violation of any provision of this chapter, or counterfeiting or forging any certificate, or making any misrepresentation in regard to any matter prescribed by this chapter or rule promulgated hereunder or except as otherwise provided, or resisting, obstructing, or impeding any authorized officer in enforcing the provisions of this chapter, or refusing to produce for immunization any animal in his or her possession for which rabies vaccine is recognized and recommended, or for failing to report an animal bite, shall be charged with a Class C misdemeanor, and for the purpose of enforcing this chapter, resort may be had to any court of competent jurisdiction. 477, p. 541; Code 1923, 6073; Code 1940, T. 3, 2.). (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. 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. Residents in Alabama, home to many pecan and oak trees, can recover additional damages if someone deliberately damages their tree. 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. (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. (12) Rabies officer. All rights reserved. (3) Dog. Title 3. (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. Repealed by Acts 1977, No. Sess., p. 207, 1.). (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. Birmingham School of Law and Thomas Goode Jones School of Law, Faulkner University. The Legislature finds that certain dogs are an increasingly serious and widespread threat to the safety and welfare of citizens of this state by virtue of their unjustified attacks on and associated injury to individuals; that these attacks are in part attributable to the failure of owners to confine and properly train and control these dogs; that existing laws inadequately address this problem; and that it is therefore appropriate and necessary to impose a uniform set of state requirements on the owners of dangerous dogs. 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. 9 sec. (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. 1-A - Authority of Coastal Counties to Regulate Motor Vehicles and Littering On Beaches, Texas Constitution Art. Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. 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. f. The owner of the dangerous dog shall be required to pay an annual dangerous dog registration fee of one hundred dollars ($100) to the county or municipality for a dog deemed dangerous by a court or pay a penalty of one hundred dollars ($100) to the county or municipality for non-registration within two weeks. An agent of a county or municipality vested with impounding authority for animals covered under this chapter. 3-1-5. Maintenance of pound; notice of impoundment; adoption of animals. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. CHAPTER 1. 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.