3-1-7 . (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. 668, p. 1061, 8; Code 1940, T. 8, 110(8); Act 2019-369, 1.). All members of the canine family including dog hybrids. 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. Rabies; Title 3. 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. (Acts 1990, No. (2) For amusement or gain, to cause any dog to fight with another dog, or cause any dogs to injure each other. How to Find Sex Offender Information. Winds NE at 5 to 10 mph. 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. 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. 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. . (Acts 1982, No. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. Rabies vaccine required for any canidae or felidae; applicability. (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. Criminal Defense Lawyers Serving Calhoun County, AL (Gardendale) Additional Office Locations. 3-1-5. Dogs and cats to be immunized; certificate; validity; to whom sale, etc., of vaccine may be made. View Website View Lawyer Profile Email Lawyer. Repealed by Acts 1977, No. The compensation of the rabies officer and his or her deputies shall be limited to the fees collected from enforcement of this chapter. The owner shall be required to obtain a surety bond of at least one hundred thousand dollars ($100,000) and shall provide proof to the court or animal control office. 9 sec. 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. 3-1-13 . An agent of a county or municipality vested with impounding authority for animals covered under this chapter. Section 3-1-5 Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. 3-1-28 . (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. Penalties for violations of provisions of article, etc. Sign up for our free summaries and get the latest delivered directly to you. 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. Calhoun County, AL Family Law Attorney with 13 years of experience. 3-6A-4. 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. (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. Any person violating this section shall be guilty of a misdemeanor and shall be Animals. (256) 235-3863. (5) Has been exposed. Lynne Whitten, Supervisor - Appeals. 1975 Ordinances . 3-7A-8. 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. Compare 46 attorneys in Calhoun County, Alabama on Justia. dogs to accompany such owner or other person or persons elsewhere than on the premises Rabies Vaccine. (256) 847-3777. 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. Chapter 8. 3-7A-10. CHAPTER 6. Has secure sides and a secure top attached at all sides. All dogs, cats, and ferrets which have been impounded in accordance with the provisions of this chapter, after notice is given to the owner as provided in Section 3-7A-7, may be humanely destroyed and disposed of when not redeemed by the owner within seven days. 9-11-306 . Construction with other laws; penalties. 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. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. 518, p. 1242; Act 99-698, 2nd Sp. Mr. Howard Wayne East. Birmingham. (Acts 1990, No. (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. Liability of Owners of Dogs Biting or Injuring Persons; Title 3. 3-1-14 . In extreme situations, the State Health Officer may place the area under quarantine without waiting for local request. 3-7A-8 . 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. The rabies officer may be removed from office, for cause, by the county board of health or the State Health Officer. 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 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. 3-7A-13 . (d) Nothing in this chapter shall be construed to require any county or municipality to employ or make available an animal control officer. Destruction of impounded dogs and cats; when authorized; redemption by owner; sale of impounded animals. LIABILITY OF OWNERS OF DOGS BITING OR INJURING PERSONS. 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. 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 certificate shall be dated and signed by the person authorized to administer the vaccine. to be kept on dogs nor shall this section apply in any county in this state until 3-7A-5 . 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. (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. Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. (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. (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. 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. 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. View Website View Lawyer Profile Email Lawyer. For dogs that haven't been. Repealed by Acts 1977, No. CALHOUN COUNTY ORDINANCES . d. The dangerous dog shall be spayed or neutered. 3-1-10 . (4) Dangerous dog. (2) Cat. 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. Replacement of certificate and tag. 3-7A-10 . 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. (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. Nothing in this chapter shall be construed as diminishing any right or liability for injury by dog bites now existing under the laws of this state. f. The enclosure shall be locked at all times while the dog is inside the enclosure. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. (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. 9-11-307. (d) If a dog that has not been declared by a court to be dangerous, when unjustified, attacks and causes physical injury to a person, and the owner of the dog had prior knowledge of the dangerous propensities of the dog, yet demonstrated a reckless disregard of the propensities under the circumstances, the owner of the dog shall be guilty of a Class B misdemeanor. 185, p. 259; Code 1923, 3221; Code 1940, T. 3, 5.). General Provisions. 9 sec. This section does not apply to any zoological parks, circuses, colleges, and universities, animal refuges approved by the Department of Agriculture and Industries, county or municipal humane shelters, the Department of Conservation and Natural Resources, or veterinary clinics. (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. TITLE 9. The amount paid for the board of the animal shall accrue to the credit of the city or county, depending upon the jurisdiction of the pound in which the animal was confined. FISH, GAME,AND WILDLIFE. (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. Even if you plan to work with a lawyer, it's smart to do some research before . Family Court Divisions: 256-231-1740, Suite 500. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 3-1-8 . (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. Alabama law does not make this action a crime, although theft or property damage laws may apply. If the humane society determines that the animal cannot be sold, it may cause the animal to be otherwise disposed of. (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, 5; Act 2009-636, p. 1949, 1.). 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. GENERAL PROVISIONS. (2) In lieu of the investigation, the owner of the alleged dangerous dog may consent to the dog being humanely euthanized. 3-7A-11 . 3-7A-2 . Pell City does have a leash law, a vicious animal ordinance, and requires owners to be in control of their pets at all times. Shirley A. Millwood. 3-1-3. 3-1-4. If the court determines by reasonable satisfaction that the dog has such a propensity, the court may order the dog to be humanely euthanized by a licensed veterinarian or an authorized animal control officer or the court may order the dog be returned to its owner pursuant to all of the following conditions: a.
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