82- 626, p. All members of the canine family including dog hybrids. (3) The owner or keeper may choose at any time to surrender the dog to the local animal shelter or other animal housing facility holding the dog. (2) Hunting dog. 461, p. 702; Code 1923, 3223; Code 1940, T. 3, 60.). (1) As part of this petition, the state or entity holding the dog may seek an extension of any bond ordered by the judge under subsection (g), pending resolution of the civil forfeiture petition filed pursuant to this subsection. 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. Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. Rabies Vaccine. Article 8. 518, p. 1242; Act 99-698, 2nd Sp. The owner shall provide proof of the surety bond each time the annual dangerous dog registration fee is paid. 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. Alabama: Calhoun County Circuit Court 25 W 11th St, Anniston, AL 36201 Phone: (256) 231-1750. An injury as defined in Section 13A-1-2. 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. 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. 668, p. 1061, 6; Code 1940, T. 8, 110(6).). Alabama Property Line and Fence Laws at a Glance 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. LIABILITY OF OWNERS OF DOGS BITING OR INJURING PERSONS. 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. (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. the corporate limits of any city or town in this state that requires a license tag - Repealed by Act 2015-70, 1(12), effective April 21, 2015. After hearing from residents, the county commission approved the leash law. Liability of owner, etc., for injuries caused by rabid dog. (256) 235-3863. Calhoun County, AL Attorney. Any person, who unlawfully, wantonly or maliciously kills, disables, disfigures, destroys or injures any animal or article or commodity of value which is the property of another must, on conviction, be fined not less than twice the value of the injury or damage to the owner of the property nor more than $1,000.00 and may also be imprisoned in the county jail, or sentenced to hard labor for the county for not more than six months, and so much of the fine as may be necessary to repair the injury or loss shall go to the party injured. (b) Nothing in this chapter is designed to abrogate any civil remedies available under statutory or common law. Government, Calhoun County, Alabama. Read this complete Alabama Code Title 3. 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). 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. (Acts 1990, No. (4) Ferret. Destruction of impounded dogs and cats; when authorized; redemption by owner; sale of impounded animals. 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. 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. When dogs permitted in areas; liability of owners of dogs at large in areas. The certificate shall be dated and signed by the person authorized to administer the vaccine. 3-1-9. 1 - Creation and Modification of Counties, Texas Constitution Art. 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. Liability of owner, etc., for injuries caused by rabid dog. As used in this chapter, the following words and phrases shall have the following meanings respectively ascribed to them unless the context clearly indicates otherwise: (1) Canine corps dogs. 1975 Ordinances . Chapter 6. Part 4. ANIMALS. Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. More than 40 people attended the hearing, which started at 5 p.m. in the commission room at the Chilton County Courthouse. Mayor (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. Animals. 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. 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. A LeashLaw is one that prohibits dog owners from letting their dogs run loose,meaning dogs must always be confined or leashed. County rabies officer; application; appointment; term; powers and duties; authority of county board of health. No person shall keep any dog which has been known to kill or worry sheep or other stock without being set upon the same. (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. CONSERVATION AND NATURAL RESOURCES. 9-11-306 . ANIMAL. (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. View Website View Lawyer Profile Email Lawyer. Comprehensive lawyer profiles including fees, education, jurisdictions, awards, publications and social media. Nothing in this chapter shall be held to limit in any manner the power of any municipality to prohibit dogs, cats, or ferrets from running at large, regardless of rabies immunization status as herein provided; nor shall anything in this chapter be construed, in any manner, to limit the power of any municipality to further control and regulate dogs or cats in such municipality. 3-1-8 . The court shall set a hearing date no more than 10 days from filing of the application and shall give notice of the same to the owner or keeper of the dog. AL 35128. Chapter 37A. 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. The owner of such dog shall, however, be entitled to plead and prove in mitigation of damages that he had no knowledge of any circumstances indicating such dog to be or to have been vicious or dangerous or mischievous, and, if he does so, he shall be liable only to the extent of the actual expenses incurred by the person so bitten or injured as a result of the bite or injury. 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. Carrie Hudson - Domestic Relations. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. LawServer is for purposes of information only and is no substitute for legal advice. Chance of rain 80%.. . 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. James Vercell Seal. By Law; Amending Subsection 6 (3) (C) Thereof Pertaining To The General Statement Of Facts Contained In An Informal Complaint To Include Handicap Status In The Basis Of 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. Seeing eye dogs shall be included within the meaning of this definition. (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. b. 3-1-29. For the purposes of this chapter, the following words shall have the following meanings: (1) Animal control officer. 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. Animal advocates in the county say the there's no animal control officer to pick. 3-6A-7. Keeping of dogs in certain vacant lots. ANIMALS. 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. Cruelty to animals. Alabama/ Title 45. 3-1-7 . CHAPTER 11. CHAPTER 6. Local laws, such as local animal control ordinances, are part of a city and/or county code. 3-1-1. https://codes.findlaw.com/al/title-3-animals/al-code-sect-3-1-5/, Read this complete Alabama Code Title 3. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. or dogs is or are regularly kept. 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. b. CHAPTER 11. TITLE 3. 3-1-7 . 3-6-1 . (g) A dog that is the subject of a dangerous dog investigation may not be relocated and ownership may not be transferred pending the outcome of the investigation and hearing to determine whether to declare the dog to be dangerous. Feel free to ask any questions you have before hiring a lawyer to make sure you understand what . 3-1-29. Calhoun County uses the latest encryption technology to safeguard information entered into the system. 90-530, p. 816, 10; Act 2009-636, p. 1949, 1.). Isn'tit better if dogs run wild and just have fun?" Uh -- no! Local Laws Current as of January 01, 2019 | Updated by FindLaw Staff Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Or perhaps, the lack of animal control. Any dog trained to hunt wild game with a handler. 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. When person deemed lawfully on property of owner of dog. 3-6A-4. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. ; failure to burn or bury dead animal, etc. Calhoun County, Alabama. Unlawful or malicious killing, injury, etc., of dog of another. (Acts 1990, No. Rain. 3-7A-10. 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. 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. FISH, GAME,AND WILDLIFE. 3-7A-16. The bond extension shall be considered in accordance with the procedures set forth in subsection (g). All rights reserved. (256) 847-3777 8385 Alabama Highway 144. 3-1-2 . (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. View Lawyer Profile. 2023 LawServer Online, Inc. All rights reserved. Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. Section 3-1-5 Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. How to Find Sex Offender Information. Stay up-to-date with how the law affects your life. Compare 46 attorneys in Calhoun County, Alabama on Justia. 3-7A-6. Any person knowingly keeping such dog is liable for double the value of all stock killed or injured by such dog, such damages to be recovered by the owner of such stock before any court of competent jurisdiction and no action shall be maintained against anyone for killing such 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.