Leash laws; enforcement LawServer. c. Provides adequate ventilation and protection from the elements. Hunting, etc., of wild turkeys with dogs. 3-1-5. 3-1-11.1 . (Acts 1967, No. 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. 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. 3-6-1 . Seeing eye dogs shall be included within the meaning of this definition. (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. 9 sec. Animals. 3-1-7. 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. Birmingham. . (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. 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. 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. 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. 1. review. (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. Rabies vaccine required for any canidae or felidae; applicability. Courts in Calhoun County, Alabama. 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. (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. (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. The age of the majority in Alabama is now 19. 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. Calhoun County, AL Family Law Attorney. No such animal shall be burned or buried sufficiently near a residence or residences as to create a nuisance. 3-1-11 . An injury as defined in Section 13A-1-2(12). FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (5) Has been exposed. In extreme situations, the State Health Officer may place the area under quarantine without waiting for local request. 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. The court shall award the animals to the humane society or other agency handling stray animals. Local laws, such as local animal control ordinances, are part of a city and/or county code. (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. (8) Physical injury. . (3) Dog. It requires dogs be confined to owner's property. A signed paper copy of the certificate prescribed herein shall be delivered to the owner of the animal immunized. FISH, GAME,AND WILDLIFE. 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. 3-7A-13. No person shall keep any dog which has been known to kill or worry sheep or other stock without being set upon the same. The owner or person in charge of any dog, who knows that such dog has been bitten by a rabid dog or has knowledge of such facts that if followed up would disclose the facts that such dog has been bitten by or exposed to a rabid dog, if such dog becomes a rabid dog and bites any person, stock, hogs or cattle shall be liable to twice the damages sustained by the person injured, including appropriate medical treatment, such damages to be recovered in any court of competent jurisdiction. Penalty for dog or cat without tag or certificate. Replacement of certificate and tag. Box 1511 Montgomery, AL 36102-1511. 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. 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. CONSERVATION AND NATURAL RESOURCES. 607, p. 812, 9901, as amended, effective January 1, 1980. Jefferson County Municipalities. (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. 93-719, p. 1406, 1-3; Act 2004-627, p. 1421, 1.). The dangerous dog shall be microchipped. 461, p. 702; Code 1923, 3223; Code 1940, T. 3, 60.). An injury as defined in Section 13A-1-2. 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. (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. Contact the AL Dept. 90-530, p. 816, 10; Act 2009-636, p. 1949, 1.). Any expenses incurred in the quarantine of the offending animal under this section and Section 3-7A-8 shall be borne by the owner. 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. 668, p. 1061, 6; Code 1940, T. 8, 110(6).). 90-530, p. 816, 3; Act 2009-636, p. 1949, 1.). (12) Rabies officer. (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. 3-1-7 . Individuals, firms, partnerships, and associations. 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. 90-530, p. 816, 9; Act 2009-636, p. 1949, 1.). 3-1-13 . Activities relating to fighting of dogs prohibited; violations; confiscation; procedures for disposition of animals; bond for the care of seized dog; forfeiture. on which such dog or dogs is or are regularly kept. 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. g.1. 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. (Acts 1990, No. When collected, the said penalty shall accrue to the rabies officer or his agent, except in the case of a rabies officer employed full- time on salary, in which case the penalty shall accrue to the employing agency or agencies. 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. 2. (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. (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. 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. Alabama Leash Law Dogs are not permitted to run at large in Alabama. 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. Horse show, rodeo, or dog and pony shows (Ala.Code 1975 40-12-111), Chapter 9. Relation to Volunteer Service Act. 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. Sign up for our free summaries and get the latest delivered directly to you. CHAPTER 6. A LeashLaw is one that prohibits dog owners from letting their dogs run loose,meaning dogs must always be confined or leashed. This is a secure site. Construction and application of chapter. CHAPTER 6. 3-1-14 . f. The enclosure shall be locked at all times while the dog is inside the enclosure. ARTICLE 10. Activities relating to fighting of dogs prohibited; punishment; confiscation; procedures for disposition of animals. 3-1-5.1. 3-7A-16. How to Find Sex Offender Information. The administration of rabies vaccine to species other than those for which reliable immunization data is available shall be a violation of this chapter. Government, Calhoun County, Alabama. Mr. Howard Wayne East. Alexandria, AL 36250. (a) 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 guilty of a Class C felony. 607, p. 812, 9901, as amended, effective January 1, 1980. Aggressive physical contact by a dog. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. (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. Suspected or confirmed contact of saliva with a break or abrasion of the skin or with any mucous membrane, as determined by the health officer or medical or law enforcement personnel. Graduated from Cumberland School of Law, Birmingham, Alabama in 1994. (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. 9-11-307 . Rain. GENERAL PROVISIONS. 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. 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. 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. Unauthorized access or use is not permitted and constitutes a crime punishable by law. (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. Nearly every administrationin the country has a leash law. 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. Repealed by Acts 1977, No. 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). (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. (Acts 1990, No. (5) Dog. Activities relating to fighting of dogs prohibited; violations; confiscation; procedures for disposition of animals; bond for the care of seized dog; forfeiture. TITLE 3. Chapter 6. Read this complete Alabama Code Title 3. 3-1-8 . (d) It shall be a violation of this chapter for the owner of such an animal to refuse to comply with the lawful order of the health officer in any particular case. 9-11-238. Permitting dog or hog known to kill, etc., sheep, domestic fowl, etc., to run at large. (Code 1867, 1296; Code 1876, 1601; Code 1886, 1379; Code 1896, 421; Code 1907, 2832; Code 1923, 6072; Code 1940, T. 3, 1.). 3-7A-7 . Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. Back to Top Alaska Leash Law (Acts 1990, No. Construction with other laws; penalties. 3-1-15 - 3-1-27 omitted because unrelated to dogs. 1-A - Authority of Coastal Counties to Regulate Motor Vehicles and Littering On Beaches, Texas Constitution Art. 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. The surrender shall not be considered a presumption of guilt. Repealed by Acts 1977, No. Local Laws Alabama Code Title 45. The affidavit or testimony of the health officer or his or her authorized agent, who delivers or mails the instructions, shall be prima facie evidence of the receipt of such instructions by the owner of the animal. County rabies officer; application; appointment; term; powers and duties; authority of county board of health. (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. For dogs that haven't been. the corporate limits of any city or town in this state that requires a license tag 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. 3-1-2. Animals. 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. Violators will . (Acts 1919, No. Sworn statement; dangerous dog investigation; hearing; procedures. (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. 45-37A-53.01. If the humane society determines that the animal cannot be sold, it may cause the animal to be otherwise disposed of. 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. such dog or dogs to the limits of his own premises or the premises on which such dog Repealed by Act 2015-70, 1(12), effective April 21, 2015. Repealed by Acts 1977, No. (Proposed by Act 2022-117) YES NO S TA EWI DM N 3 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. You might wonder "Why? 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. 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 1990, No. 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. Chapter 7A. c. The animal control officer shall send a copy of the investigation report to the county attorney, municipal attorney, or municipal prosecutor. (10) Serious physical injury. Contact us. ABA Votes To Keep Admission Tests Requirement CHAPTER 8. TITLE 3. The Calhoun County Commission would like to welcome you to the Calhoun County WEB site and hope you will return often. Impoundment of dogs; redemption or destruction of impounded dogs. 3-1-28 . Email: animalcenter@cityofpellcity.net. dogs to accompany such owner or other person or persons elsewhere than on the premises CHAPTER 11. 9-11-306 . CALHOUN COUNTY, ALABAMA NOVEMBER 8, 2022 ABSENTEE OFFICIAL BALLOT BALLOT STYLE - 1 GENERAL AND CONSTITUTIONAL AMENDMENT ELECTION CALHOUN COUNTY, ALABAMA . 3-7A-5. LIABILITY OF OWNERS OF DOGS BITING OR INJURING PERSONS. When dogs permitted in areas; liability of owners of dogs at large in areas. 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. Permitting dog or hog known to kill, etc., sheep, domestic fowl, etc., to run at large. Birmingham School of Law and Thomas Goode Jones School of Law, Faulkner University Jacksonville State University and Gadsden State Community College Alabama. Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. (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. or dogs is or are regularly kept. Winds NE at 5 to 10 mph. (2) The sworn statement shall be delivered to an animal control officer who shall complete a dangerous dog investigation. (a) For the purposes of this section, the following terms shall have the following meanings: (1) Agricultural work dog. 3-7A-8 . In Alabama, Calhoun County is ranked 50th of 67 counties in Courts per capita, and 9th of 67 counties in Courts per square mile. (Acts 1993, No. 3-1-29 . Placement of area under quarantine; additional measures. When dogs permitted in areas; liability of owners of dogs at large in areas. Animal advocates in the county say the there's no animal control officer to pick. Council Schedule. Most courts now offer at least some materials and forms to help you understand and manage your child custody case. 477, p. 541; Code 1923, 6073; Code 1940, T. 3, 2.). View Website View Lawyer Profile Email Lawyer. 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. Duties of animal control officer. 3-1-29. CHAPTER 11. 90-530, p. 816, 11; Act 2009-636, p. 1949, 1.). 3-1-3. (c) For the purpose of providing proper enforcement of this chapter, the county board of health is hereby invested with general supervisory and administrative authority for the implementation of this chapter. (Acts 1935, No. 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. 90-530, p. 816, 8; Act 2009-636, p. 1949, 1.). 518, p. 1242; Act 99-698, 2nd Sp. ; failure to burn or bury dead animal, etc. (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.