9 sec. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 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. FISH, GAME, AND WILDLIFE. . 3-1-29. 3-1-12 . (3) To permit any act in violation of subdivisions (1) and (2) of this subsection. Animals. 2 - Removal of County Seats, Texas Constitution Art. 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. Back to Top Alaska Leash Law 3-1-28. (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. 3-7A-13. 2023 Michigan State University College of Law. (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. [Link to page for provisions for Chilton County only (Ala.Code 1975 45-11-172 - 172.08)]. Burial or burning of bodies of dead animals generally; burning of hogs dying from cholera, etc. 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. (Code 1876, 4411; Code 1886, 3871; Code 1896, 5092; Code 1907, 6231; Code 1923, 3213; Code 1940, T. 3, 10.). This site is protected by reCAPTCHA and the Google, There is a newer version The administration of rabies vaccine to species other than those for which reliable immunization data is available shall be a violation of this chapter. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. f. The enclosure shall be locked at all times while the dog is inside the enclosure. 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. 3-7A-10. There are 7 Courts in Calhoun County, Alabama, serving a population of 115,527 people in an area of 606 square miles. Those members of the canine family maintained by governmental agencies for exclusive use in official duties assigned to those agencies. FISH, GAME,AND WILDLIFE. 3-7A-9 . (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. (9) Owner. Part 4. Please be assured that your information will remain confidential and will not be shared. Or perhaps, the lack of animal control. View Website View Lawyer Profile Email Lawyer. RABIES VACCINE. 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. 3-7A-8. dogs to accompany such owner or other person or persons elsewhere than on the premises or dogs is or are regularly kept. Contact the AL Dept. An injury as defined in Section 13A-1-2(12). fined not less than $2.00 nor more than $50.00. 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. (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. (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. You can explore additional available newsletters here. (256) 403-0521. 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. View Website View Lawyer Profile Email Lawyer. 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. 383, p. 813, 8; Code 1940, T. 8, 89.). 1975 Ordinances . 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. 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. 2. Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same. Activities relating to fighting of dogs prohibited; violations; confiscation; procedures for disposition of animals; bond for the care of seized dog; forfeiture. 3-7A-2. 45-37A-53.01. 3-1-1. 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. All rights reserved. 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. 9-11-307 . MADISON, Ala. - The City of Madison has a new animal tethering ordinance in place. Dogs are considered vicious that have bitten or have threatened to bite persons. 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. 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. 1 - Creation and Modification of Counties, Texas Constitution Art. Repealed by Acts 1977, No. 3-7A-10 . After hearing from residents, the county commission approved the leash law. (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. LIABILITY OF OWNERS OF DOGS BITING OR INJURING PERSONS. CHAPTER 6. (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. Killing or disabling livestock; penalty. Repealed by Act 2015-70, 1(12), effective April 21, 2015. 3-1-29 . (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. 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. (Acts 1990, No. Relation to Volunteer Service Act. Hunting, etc., of wild turkeys with dogs. All members of the domesticated canine (Canis familiaris) family. c. The owner of the dangerous dog shall provide a copy of the certificate of the current rabies vaccination of the dog. All members of the ferret (Mustela putorius furo) family. Animals 3-1-6 on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 3-1-8 . 90-530, p. 816, 12; 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. 9 sec. (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. It requires dogs be confined to owner's property. Animal advocates in the county say the there's no animal control officer to pick. Maintenance of pound; notice of impoundment; adoption of animals. 3-1-9 . (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. 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. Law Firm Website Law Firm Profile. Current as of January 01, 2019 | Updated by FindLaw Staff. the same has been adopted by the county commission of such county. If any dog, not being at the time on the premises of the owner or person having charge thereof, shall kill or injure any livestock, the owner or person having such dog in charge shall be liable for damages sustained by the killing or maiming of any livestock and for the full costs of the action. The owner shall provide proof of the surety bond each time the annual dangerous dog registration fee is paid. Chapter 8. A LeashLaw is one that prohibits dog owners from letting their dogs run loose,meaning dogs must always be confined or leashed. 3-1-29. 3-7A-5. Violators will . (a) The county board of health shall nominate annually one duly licensed veterinarian from each county within the state for the position of rabies officer. 90-530, p. 816, 7; Act 2009-636, p. 1949, 1.). 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. 3-1-11 . (Acts 1919, No. Leash laws; enforcement LawServer. Copyright 2023, Thomson Reuters. Alabama Code 45-49-170.03. Article 5. Their vote makes the state law applicable to Elmore County. (7) Owner. (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. Chance of rain 80%.. . Local Laws. Carrie Hudson - Domestic Relations. (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. (Acts 1990, No. (3) Bitten. Title 45. 9-11-305. (Code 1876, 4405; Code 1886, 4171; Code 1896, 5591; Code 1907, 6236; Code 1923, 3219; Code 1940, T. 3, 4.). 3-8-1 . For community cats, the inclusion or omission of just a few words in these laws can be the difference between life and death. (2) For amusement or gain, to cause any dog to fight with another dog, or cause any dogs to injure each other. 3-1-11.1 . More than 40 people attended the hearing, which started at 5 p.m. in the commission room at the Chilton County Courthouse. 9-11-306. 607, p. 812, 9901, as amended, effective January 1, 1980. 3-1-7 . 3-1-8. All members of the domesticated feline (Felis catus) family. TITLE 9. 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. Applications shall be provided to the chair of each county board of health during the month of November. Destruction of domesticated species exposed to rabid animal; quarantine as option on recommendation of Department of Public Health. CHAPTER 1. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. Birmingham School of Law University of Alabama - Tuscaloosa 11th Circuit, Alabama and Federal Circuit Alabama State Bar. Read this complete Alabama Code Title 3. 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. 3-7A-16. ; failure to burn or bury dead animal, etc. The owner of any dog or cat found not wearing the evidence of current immunization as provided herein or for which no certificate of current immunization can be produced, and which is apprehended by an officer or other person charged with the enforcement of this chapter, shall forthwith be subject to a penalty to be imposed by the rabies officer not to exceed an amount equal to twice the state approved charge for immunization, in addition to the fee heretofore prescribed for immunization. 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. 3-7A-6 . 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. 461, p. 702; Code 1923, 3223; Code 1940, T. 3, 60.). 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. Repealed by Acts 1977, No. An additional paper copy or electronic copy or listing shall be provided to the local rabies enforcement authority upon request by the authority and in the manner as so requested. Jefferson County Municipalities. (a) Whenever the rabies officer or the health officer receives information that a human being has been bitten or exposed by a dog, cat, or ferret required by this chapter to be immunized against rabies, the officer or his or her authorized agent shall cause the dog, cat, or ferret to be placed in quarantine under the direct supervision of a duly licensed veterinarian for rabies observation as prescribed in Section 3-7A-1. this Section. 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. (c) For purposes of this section, livestock is defined as equine or equidae, cows, swine, goats, and sheep. Keeping of dogs in certain vacant lots. 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. 1-A - Authority of Coastal Counties to Regulate Motor Vehicles and Littering On Beaches, Texas Constitution Art. The court shall set a hearing date not more than 30 days from the filing of the application and shall give notice of the same to the owners of the animals. b. Courts in Calhoun County, Alabama. (4) Ferret. Family, Bankruptcy, Business and Divorce. ARTICLE 10. Nearly every administrationin the country has a leash law. Dogs and cats to be immunized; certificate; validity; to whom sale, etc., of vaccine may be made. Health and Environment. Horse show, rodeo, or dog and pony shows (Ala.Code 1975 40-12-111), Chapter 9. 1975-01 - Ordinance Regulating The Erection, Construction And Enlargement, . 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. (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. Certificates not complying with the provisions of this section, or certificates issued by those persons unauthorized to administer rabies vaccine, shall not be valid. 607, p. 812, 9901, as amended, effective January 1, 1980. (2) Hunting dog. 3-1-2. 3-1-9. TITLE 3. (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. Before you file legal papers, take some time to familiarize yourself with the resouces offered by your local court. Family Court Divisions: 256-231-1740, Suite 500. CHAPTER 11. (2) Cat. 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. Feel free to ask any questions you have before hiring a lawyer to make sure you understand what . 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) 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. (3) Dog. (2) An owner of a dog declared to be dangerous who violates subdivision (1) shall be guilty of a Class C misdemeanor, except that a second or subsequent adjudication or conviction is a Class B misdemeanor. (e) A copy of all investigations made pursuant to this section shall be kept on file in the animal control office or sheriff's office. Cullman, AL (35055) Today. (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. (Acts 1990, No. broadband infrastructure by state law to public or private entities for providing or expanding broadband infrastructure. | https://codes.findlaw.com/al/title-3-animals/al-code-sect-3-1-5/. (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. Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. When person deemed lawfully on property of owner of dog. d. Exhibits a sign conspicuously posted upon the pen or the structure containing the following: Dangerous Dog--No Trespassing.. (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. The court shall award the animals to the humane society or other agency handling stray animals. 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. Cruelty to animals. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. Please call your County Department of Human Resources or local law enforcement agency to report suspected abuse or neglect. 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. ANIMALS. 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. Construction and application of chapter. Activities relating to fighting of dogs prohibited; violations; confiscation; procedures for disposition of animals; bond for the care of seized dog; forfeiture. (Acts 1990, No. d. The dangerous dog shall be spayed or neutered. 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. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. 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. (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. 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. 82-461, p. 739; Acts 1984, 1st Ex. 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. Unlawful or malicious killing, injury, etc., of dog of another. 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.