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. Any person who hunts, pursues, captures or kills a wild turkey in this state with the aid of a dog at any time shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $25.00 nor more than $50.00 for each offense. Injury or destruction of dipping vat of another. Cullman County Animal Control Division Director Tim McKoy said the county has a leash law. 3-1-2 . TITLE 3. An injury as defined in Section 13A-1-2(12). 3-6A-7. 3-7A-2. Comprehensive lawyer profiles including fees, education, jurisdictions, awards, publications and social media. ABA Votes To Keep Admission Tests Requirement Entered active duty in the United States Army . . 9 sec. 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. 607, p. 812, 9901, as amended, effective January 1, 1980. 477, p. 541; Code 1923, 6073; Code 1940, T. 3, 2.). 3-1-13. Animals. Ala. Code 1975 3-1-1 - 29; 3-6-1 - 4; 3-6A-1 - 8; 3-7A-1 - 16; 3-8-1; 9-11-305 - 307; 9-11-238; 45-37A-53.01, AL ST 3-1-1 - 29; 3-6-1 - 4; 3-6A-1 - 8; 3-7A-1 - 16; 3-8-1; 9-11-305 - 307; 9-11-238; 45-37A-53.01. Destruction of impounded dogs and cats; when authorized; redemption by owner; sale of impounded animals. on which such dog or dogs is or are regularly kept. (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. of 90-530, p. 816, 12; Act 2009-636, p. 1949, 1.). 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. Article 8. View Website View Lawyer Profile Email Lawyer. 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. Sterilization of Dogs and Cats. Their vote makes the state law applicable to Elmore County. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. (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. Email: animalcenter@cityofpellcity.net. 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. Penalty for dog or cat without tag or certificate. When person deemed lawfully on property of owner of dog. 3-1-7 . When the sworn statement claims that a dog has caused serious physical injury or death to a person, the duties of the animal control officer, including, but not limited to, the dangerous dog investigation, shall be carried out by a law enforcement officer. 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. Part 4. (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. 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. Penalties for violations of provisions of article, etc. Every lawyer is a little different and you may want to find the best family lawyer to address your individual situation. (3) Bitten. 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. Hogs dying from cholera or any other disease whatsoever shall be burned. 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. Mayor TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. (d) Nothing in this chapter shall be construed to require any county or municipality to employ or make available an animal control officer. 185, p. 259; Code 1923, 3221; Code 1940, T. 3, 5.). Alabama Law Enforcement Agency Criminal Records and Identification Unit P.O. Calhoun County, AL Attorney. (8) Impounding officer. (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. (5) Dog. In lieu of printed certificates, licensed veterinarians may elect to utilize electronically generated and maintained certificates if the certificates contain substantially the same information as required above. It ensures that you can not restrain pets with a leash or tether unless you are outside watching them. Duties of animal control officer. 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. CHAPTER 11. 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. Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. 3-1-3 . c. The owner of the dangerous dog shall provide a copy of the certificate of the current rabies vaccination of the dog. (2) Hunting dog. Prev Next 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. 3-1-9 . General Provisions. 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. Criminal Defense Lawyers Serving Calhoun County, AL (Gardendale) Additional Office Locations. If the humane society determines that the animal cannot be sold, it may cause the animal to be otherwise disposed of. 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. TITLE 9. In extreme situations, the State Health Officer may place the area under quarantine without waiting for local request. 1975-01 - Ordinance Regulating The Erection, Construction And Enlargement, . Vaccinated dogs, cats, and ferrets may be authorized to be quarantined in the home of the owner of the animal by the appropriate health officer. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. ANIMAL. CONSERVATION AND NATURAL RESOURCES. (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. The Calhoun County Commission would like to welcome you to the Calhoun County WEB site and hope you will return often. broadband infrastructure by state law to public or private entities for providing or expanding broadband infrastructure. (Code 1907, 2470; Code 1923, 5678; Code 1940, T. 3, 3.). 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. The rabies officer and his or her deputies in each county are clothed with limited police powers to the extent that they may issue citations for violations of this chapter as an agent of the county board of health, and shall not be subject to the limitations of Section 36-21-50. 3-1-1 . 3-6-1. 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. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. (11) Quarantine for rabies observation. Destruction of domesticated species exposed to rabid animal; quarantine as option on recommendation of Department of Public Health. 9-11-307 . Leash laws; enforcement. 3-7A-8 . (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). Calhoun County, AL Attorney. (Acts 1990, No. (10) Serious physical injury. 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. 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. For dogs that haven't been. WILDLIFE MANAGEMENT AREAS. (b) This section shall not apply to the running at large of any dog or dogs within Chapter 6. At its discretion, the humane society or other agency handling stray animals shall humanely dispatch or dispose of any confiscated dog. 4 - County-Wide Hospital Districts in Certain Large Counties. 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. 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. (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. (Ala. Code 1975 3-1-29), 3-5-3. Please be assured that your information will remain confidential and will not be shared. You already receive all suggested Justia Opinion Summary Newsletters. (b) If a dog that has not been declared by a court to be dangerous, when unjustified, attacks and causes serious physical injury or death 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 C felony. Placement of area under quarantine; additional measures. (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. Reasonable costs shall include, but not be limited to, transportation, food, shelter, and care, including veterinary care. 90-530, p. 816, 10; Act 2009-636, p. 1949, 1.). the same has been adopted by the county commission of such county. No such animal shall be burned or buried sufficiently near a residence or residences as to create a nuisance. CHAPTER 1. With the new state law, Bannister said it is important to remember that all dog owners in Cullman are required to purchase a one-time city license for each dog owned. 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. Law Firm Website Law Firm Profile. Chapter 37A. 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. Local Laws. 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. 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. Dogs and cats to be immunized; certificate; validity; to whom sale, etc., of vaccine may be made. (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. Calhoun County, AL Family Law Attorney. Lynne Whitten, Supervisor - Appeals. It must be notarized outside the Calhoun County Probate Office. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. 3-7A-6. ; failure to burn or bury dead animal, etc. 3-7A-10 . (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. b. 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. Construction with other laws; penalties. (9) Proper enclosure of a dangerous dog. 3-6A-8. Individuals, firms, partnerships, and associations. 93-719, p. 1406, 1-3; Act 2004-627, p. 1421, 1.). Section 3-1-5 Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. At the hearing, the county attorney, municipal attorney, or municipal prosecutor shall present evidence that the dog is dangerous. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. Burial or burning of bodies of dead animals generally; burning of hogs dying from cholera, etc. Maintenance of pound; notice of impoundment; adoption of animals. All members of the domesticated canine (Canis familiaris) family. 1975 Ordinances . Dogs and cats to be immunized; certificate; validity; to whom sale, etc., of vaccine may be made. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. The State Health Officer or any county health officer as defined in Section 22-3-2, or his or her designee. Rain. Kim McCarson, Circuit Clerk. 3-1-8. CHAPTER 11. Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. Calhoun County, AL Family Law Attorney with 13 years of experience. When dogs permitted in areas; liability of owners of dogs at large in areas. 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. 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. Every municipality with a population over 5,000 in which the county pound is not located shall maintain a suitable pound or contribute their pro rata share to the staffing and upkeep of the county pound. Injury or destruction of dipping vat of another. Where there is no local authority having jurisdiction (AHJ), the default code enforcement is by the State Fire Marshal. It requires dogs be confined to owner's property. (c) If a dog that has previously been declared by a court to be dangerous, when unjustified, attacks and causes physical injury to a person, the owner of the dog shall be guilty of a Class A misdemeanor. Leash laws; enforcement LawServer. The injection, in a manner approved by the State Health Officer and the State Veterinarian, of rabies vaccine approved by the State Health Officer and the State Veterinarian. Penalties for violations of provisions of article, etc. Violators will . 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. Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 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 Relation to Volunteer Service Act. Repealed by Act 2015-70, 1(12), effective April 21, 2015. (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. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. 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. 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. 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. 3-1-1. 3-1-4. 3-1-12 . Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. 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. 3-1-13 . 3-1-6 . Shirley A. Millwood. 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. 9-11-305 . Or perhaps, the lack of animal control. An agent of a county or municipality vested with impounding authority for animals covered under this chapter. (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. More than 40 people attended the hearing, which started at 5 p.m. in the commission room at the Chilton County Courthouse. Graduated from Cumberland School of Law, Birmingham, Alabama in 1994. (12) Rabies officer. A dog owner may be fined between $2 and $50 for failure to leash the dog. The court shall award the animals to the humane society or other agency handling stray animals. Activities relating to fighting of dogs prohibited; punishment; confiscation; procedures for disposition of animals. such dog or dogs to the limits of his own premises or the premises on which such dog 3-1-7 . Originally called the Alabama Court Clerk's Association, the group was established in 1991. Impoundment of dogs; redemption or destruction of impounded dogs. 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. (Acts 1990, No. Replacement of certificate and tag. dogs to accompany such owner or other person or persons elsewhere than on the premises Seeing eye dogs shall be included within the meaning of this definition. There are 7 Courts in Calhoun County, Alabama, serving a population of 115,527 people in an area of 606 square miles. 3-7A-13 . 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.