Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. To declare the dog dangerous, the court shall find by reasonable satisfaction that the dog bit, attacked, or caused physical injury, serious physical injury, or death to a person without justification. The form must be filled out completely before returning to the Calhoun County Probate Office. 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. Penalty for dog or cat without tag or certificate. 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. 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. . (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. Activities relating to fighting of dogs prohibited; violations; confiscation; procedures for disposition of animals; bond for the care of seized dog; forfeiture. James Vercell Seal. 3-1-29. (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. CHAPTER 8. the same has been adopted by the county commission of such county. Their vote makes the state law applicable to Elmore County. (2) The sworn statement shall be delivered to an animal control officer who shall complete a dangerous dog investigation. 3-7A-6. Shirley A. Millwood. Horse show, rodeo, or dog and pony shows (Ala.Code 1975 40-12-111), Chapter 9. 3-7A-2 . 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. 90-530, p. 816, 9; Act 2009-636, p. 1949, 1.). 90-530, p. 816, 3; Act 2009-636, p. 1949, 1.). (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. 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. (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. Contact us. 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. (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. Sess., p. 207, 1.). Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. Rabies; Title 3. 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. 3-1-12 . Destruction of certain abandoned animals by members, etc., of societies for prevention of cruelty to animals. 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. (i) At any time, if a dog is confiscated pursuant to this section, the state or entity holding the dog may file a petition with the circuit court seeking civil forfeiture of the seized dog. Email: animalcenter@cityofpellcity.net. Liability of owner, etc., for injuries caused by rabid dog. (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. Individuals, firms, partnerships, and associations. 3-1-5 . (5) The entity holding the dog confiscated pursuant to this section shall be entitled to draw on any bond posted or funds deposited to cover the actual costs incurred in the seizure, care, keeping, and the possible disposal of the dog. (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. 90-530, p. 816, 10; Act 2009-636, p. 1949, 1.). (10) Person. Box 1511 Montgomery, AL 36102-1511. 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. 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. Do not send reports of suspected abuse or neglect via email. 3-1-13. 607, p. 812, 9901, as amended, effective January 1, 1980. (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. Taken into the custody of law enforcement, the county pound, or an animal control authority or provider of animal control services to the municipality or county where the dangerous dog is found. The owner shall provide proof of the surety bond each time the annual dangerous dog registration fee is paid. (Acts 1915, No. (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. 9-11-305 . (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. 1. review. For the purposes of this chapter, the following words shall have the following meanings: (1) Animal control officer. 1-A - Authority of Coastal Counties to Regulate Motor Vehicles and Littering On Beaches, Texas Constitution Art. (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. Notice of such rules and regulations shall be given by publication 30 days before the effective date. The bond extension shall be considered in accordance with the procedures set forth in subsection (g). 9-11-307 . All members of the domesticated canine (Canis familiaris) family. 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. ARTICLE 10. 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. 3-1-3. (Acts 1919, No. 3-1-11 . Animal advocates in the county say the there's no animal control officer to pick. Applications shall be provided to the chair of each county board of health during the month of November. (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). County rabies officer; application; appointment; term; powers and duties; authority of county board of health. 3-1-1 . The Calhoun County Commission would like to welcome you to the Calhoun County WEB site and hope you will return often. No such animal shall be burned or buried sufficiently near a residence or residences as to create a nuisance. (12) Rabies officer. f. The enclosure shall be locked at all times while the dog is inside the enclosure. 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. Right of officers, etc., of humane societies to take charge of and care for neglected or abused animals; written notice to owner from whom animal taken; lien for expenses for care and keeping of animal. the corporate limits of any city or town in this state that requires a license tag Cite this article: FindLaw.com - Alabama Code Title 3. 3-6-1. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. Notwithstanding the above, the State Board of Health may establish by rule vaccine intervals or specific vaccines, or both, to be used in public rabies vaccination clinics, based on considerations such as county specific prevalence of animal rabies or risk of animal rabies and the vaccination rates of dogs, cats, and ferrets in a county. 90-530, p. 816, 8; Act 2009-636, p. 1949, 1.). 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. 3-6A-4. Rabies vaccine required for any canidae or felidae; applicability. 3-6A-8. 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. (Acts 1993, No. (2) Cat. In Alabama, Calhoun County is ranked 50th of 67 counties in Courts per capita, and 9th of 67 counties in Courts per square mile. Aggressive physical contact by a dog. (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. 3-1-6 . FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 3-6A-7. 3-1-10. 1975 Ordinances . 3-1-11. (Acts 1990, No. (256) 403-0521. 3-7A-2. Calhoun County Circuit Clerk's Office. Notwithstanding any provision of law to the contrary, it shall be illegal to own, maintain, sell, or trade any canidae or felidae for which there is no USDA licensed rabies vaccine. If the owner of an impounded animal is known, the owner shall be given direct notice of the impoundment. Destruction of certain abandoned animals by members, etc., of societies for prevention of cruelty to animals. Section 3-1-5 - Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. Maintenance of pound; notice of impoundment; adoption of animals. (9) Owner. For the purpose of this chapter a person shall be considered to be lawfully upon the private property of the owner of such dog when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws of the United States or the postal laws and regulations of the United States, when reading meters, when delivering milk, when making repairs to any public utility or service upon said premises or when on such property upon the invitation, either expressed or implied, of the owner or lessee of such property. More than 40 people attended the hearing, which started at 5 p.m. in the commission room at the Chilton County Courthouse. All members of the canine family including dog hybrids. 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. The owner of the dog, if known, shall be served with a copy of the petition. Licensed to practice law in Georgia and Florida in 1994. 607, p. 812, 9901, as amended, effective January 1, 1980. Repealed by Acts 1977, No. ANIMALS. If the instructions cannot be delivered in such a manner, they shall be mailed by regular mail, postage prepaid and addressed to the owner of the animal. 3. Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. 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. (g) An owner of a dog that is the subject of a dangerous dog investigation who refuses to surrender the dog to an animal control officer or law enforcement officer, upon the request of the animal control officer or law enforcement officer, shall be guilty of a Class C misdemeanor. Injury or destruction of dipping vat of another. 93-719, p. 1406, 1-3; Act 2004-627, p. 1421, 1.). 3-7A-10 . 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. Family Court Divisions: 256-231-1740, Suite 500. Kim McCarson, Circuit Clerk. Where there is no local authority having jurisdiction (AHJ), the default code enforcement is by the State Fire Marshal. County rabies officer; application; appointment; term; powers and duties; authority of county board of health. (Acts 1935, No. At his or her discretion, the impounding officer may provide for adoption of any animal not redeemed or claimed or otherwise disposed of, to any person desiring the animal, if the person complies with all the provisions of this chapter. such dog or dogs to the limits of his own premises or the premises on which such dog (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. (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. (Code 1907, 2470; Code 1923, 5678; Code 1940, T. 3, 3.). 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. b. 3-1-10 . CHAPTER 1. Alabama Code 45-49-170.03. (7) Immunization against rabies. Cullman, AL (35055) Today. 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. 607, p. 812, 9901, as amended, effective January 1, 1980. 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. https://codes.findlaw.com/al/title-3-animals/al-code-sect-3-1-5/, Read this complete Alabama Code Title 3. 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. 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. Replacement of certificate and tag. 2. An enclosure for the confinement of a dog that has been declared dangerous that is suitable to prevent the entry of the general public and that does all of the following: a. Animals. (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. Winds NE at 5 to 10 mph. Mr. Howard Wayne East. There's a simmering controversy in Calhoun County over animal control. Any person violating this section shall be guilty of a misdemeanor and shall be 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. You already receive all suggested Justia Opinion Summary Newsletters. 90-530, p. 816, 2; Act 2009-636, p. 1949, 1.). (7) Owner. (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. 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. 9-11-305. 90-530, p. 816, 1; Act 2009-636, p. 1949, 1.). 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. Maintenance of pound; notice of impoundment; adoption of animals. 3-7A-7. 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. For dogs that haven't been. 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. (b) This section shall not apply to the running at large of any dog or dogs within Feel free to ask any questions you have before hiring a lawyer to make sure you understand what . Birmingham School of Law and Thomas Goode Jones School of Law, Faulkner University. Calhoun County uses the latest encryption technology to safeguard information entered into the system. 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. This site is not a law firm and cannot offer legal advice. 3-1-3 . A dog owner may be fined between $2 and $50 for failure to leash the dog. All rights reserved. TITLE 9. 9-11-306. LIABILITY OF OWNERS OF DOGS BITING OR INJURING PERSONS. Penalty for dog or cat without tag or certificate. 90-530, p. 816, 11; Act 2009-636, p. 1949, 1.). CONSERVATION AND NATURAL RESOURCES. 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. Burial or burning of bodies of dead animals generally; burning of hogs dying from cholera, etc. (3) To permit any act in violation of subdivisions (1) and (2) of this subsection. Sess., No. Stay up-to-date with how the law affects your life. 3-1-12. (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. 1 - Creation and Modification of Counties, Texas Constitution Art. 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. Animals 3-1-5 - last updated January 01, 2019 Liability of Owners of Dogs Biting or Injuring Persons; Title 3. ANIMALS. 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. (Acts 1990, No. If the county or municipality impounds the dog, the owner of the dog shall be liable to the county or municipality for the costs and expenses incurred in impounding, feeding, and providing veterinary care or treatment for the dog. This is a secure site. 3-1-6 . 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. Section 3-1-5 Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. Commission Office 1702 Noble Street Suite 103 Anniston, AL 36201 Phone: 256-241-2800 82-461, p. 739; Acts 1984, 1st Ex. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 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). Government, Calhoun County, Alabama. (g) After confiscation, any entity holding a dog confiscated pursuant to this section may make application to the circuit court for issuance of an order requiring the owner or keeper of the dog to post a bond or deposit funds with the clerk of the court to cover the reasonable costs of the seizure, care, keeping, and the possible disposal of the dog. 607, p. 812, 9901, as amended, effective January 1, 1980. Isn'tit better if dogs run wild and just have fun?" Uh -- no! 3-1-4. - Repealed by Act 2015-70, 1(12), effective April 21, 2015. (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. Rabies Vaccine. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Violators will . (Acts 1939, No. 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. (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. 3-1-29. Sterilization of Dogs and Cats. . broadband infrastructure by state law to public or private entities for providing or expanding broadband infrastructure. 3-1-8 . Attorney Ratings. Hogs dying from cholera or any other disease whatsoever shall be burned. (Acts 1990, No. If the humane society determines that the animal cannot be sold, it may cause the animal to be otherwise disposed of. 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. Animals. Hunting and Trapping of Birds and Game. Sign up for our free summaries and get the latest delivered directly to you. 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. (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. Alabama Leash Law Dogs are not permitted to run at large in Alabama. 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. (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. Destruction of impounded dogs and cats; when authorized; redemption by owner; sale of impounded animals. 45-37A-53.01. Courts in Calhoun County, Alabama. TITLE 3. Killing or disabling livestock; penalty. 3-7A-16 . TITLE 9. . View Website View Lawyer Profile Email Lawyer. (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. How to Find Sex Offender Information. Rain. CONSERVATION AND NATURAL RESOURCES. 607, p. 812, 9901, as amended, effective January 1, 1980. Copyright 2023, Thomson Reuters. 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. 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. 9-11-307. Sworn statement; dangerous dog investigation; hearing; procedures. CHAPTER 6. 1. Nearly every administrationin the country has a leash law. Alabama Property Line and Fence Laws at a Glance