607, p. 812, 9901, as amended, effective January 1, 1980. (Code 1907, 2471; Code 1923, 5679; Code 1940, T. 3, 6.). Ordinances often include sections on animal cruelty, ownership, at-large regulations, mandatory spay/neuter, and cat licensing. Repealed by Acts 1977, No. (7) Immunization against rabies. 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. 3-7A-2. (3) Bitten. View Website View Lawyer Profile Email Lawyer. Nearly every administrationin the country has a leash law. 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. (Acts 1915, No. Council Schedule. The certificate shall be dated and signed by the person authorized to administer the vaccine. 3-6-1 . (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. Penalty for dog or cat without tag or certificate. 3-1-6 . A LeashLaw is one that prohibits dog owners from letting their dogs run loose,meaning dogs must always be confined or leashed. 2 - Removal of County Seats, Texas Constitution Art. Repealed by Acts 1977, No. No conviction must be had, if it is shown that, before the commencement of the prosecution, compensation for the injury was made or tendered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. (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. You might wonder "Why? Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. (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. Title 3. Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. Lynne Whitten, Supervisor - Appeals. Any person, who, owning or having in his possession or under his control any dog or hog known to worry or kill sheep, domestic fowls or goats suffers such dog or hog to run at large must, on conviction, be fined not less than $5.00 nor more than $50.00. 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. 3-6A-6. 3-1-2. Code of Alabama. Dummier Young LLC. b. Repealed by Act 2015-70, 1(12), effective April 21, 2015. 607, p. 812, 9901, as amended, effective January 1, 1980. Repealed by Acts 1977, No. If the owner of an impounded animal is known, the owner shall be given direct notice of the impoundment. 90-530, p. 816, 2; Act 2009-636, p. 1949, 1.). (12) Rabies officer. (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). (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. (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. 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. 3-7A-11. 3-6-1. 3-7A-6. Mayor Courts in Calhoun County, Alabama. The State Board of Health is authorized to adopt and promulgate rules for the enforcement of this chapter, which rules shall have the force and effect of law. 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. 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. Animals. 3-1-29 . (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. (Acts 1990, No. Burial or burning of bodies of dead animals generally; burning of hogs dying from cholera, etc. 3-1-1 . (Acts 1993, No. 3-7A-5. RABIES VACCINE. 3-7A-13 . 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. 3-1-10. TITLE 3. Alabama: Calhoun County Circuit Court 25 W 11th St, Anniston, AL 36201 Phone: (256) 231-1750. Has secure sides and a secure top attached at all sides. Each case varies depending on the situation. The rabies officer may be removed from office, for cause, by the county board of health or the State Health Officer. 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. (b) Whenever the State Health Officer or local health authorities are convinced that the situation is conducive to the spread of rabies, additional measures may be imposed as are deemed necessary to prevent the spread of rabies among dogs, cats, and other animals. Nothing in this section shall prevent the owner of any dog or dogs or other person (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. 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. Birmingham School of Law and Thomas Goode Jones School of Law, Faulkner University. . The county board of health, not later than January 31 of the appointing year, shall select and appoint a nominee, subject to the approval of the State Health Officer and the State Veterinarian. All owners or custodians of animals which die or are killed in their possession or custody, other than such as are slaughtered for food, within 24 hours shall cause the bodies of such animals to be burned or buried at least two feet below the surface of the ground. 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. (Acts 1990, 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. LIABILITY OF OWNERS OF DOGS BITING OR INJURING PERSONS. (2) For amusement or gain, to cause any dog to fight with another dog, or cause any dogs to injure each other. (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. Permitting dog or hog known to kill, etc., sheep, domestic fowl, etc., to run at large. Any expenses incurred in the quarantine of the offending animal under this section and Section 3-7A-8 shall be borne by the owner. 9-11-307 . CHAPTER 8. (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. 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 Rain. (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. 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. 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. 3-7A-7 . Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. 3-7A-6 . 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. 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. 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. Please be assured that your information will remain confidential and will not be shared. Dogs are considered vicious that have bitten or have threatened to bite persons. 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. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. CONSERVATION AND NATURAL RESOURCES. the corporate limits of any city or town in this state that requires a license tag All members of the domesticated feline (Felis catus) family. (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. (256) 235-3863. (256) 847-3777 8385 Alabama Highway 144. 3-7A-13. (b) A local law requiring a dog to be kept on a leash or otherwise restrained does not apply to an agricultural work dog at any time while the dog is engaged in agricultural work or a hunting dog at any time while the dog is engaged in hunting wild game. Seized with the teeth so that the skin of the person seized has been gripped, or has been wounded or pierced, resulting in physical injury. Chapter 7A. 3-1-13 . Please call your County Department of Human Resources or local law enforcement agency to report suspected abuse or neglect. At the hearing, the county attorney, municipal attorney, or municipal prosecutor shall present evidence that the dog is dangerous. Destruction of certain abandoned animals by members, etc., of societies for prevention of cruelty to animals. CHAPTER 6. Repealed by Acts 1977, No. This is a secure site. 82- 626, p. At his or her discretion, the impounding officer may provide for adoption of any animal not redeemed or claimed or otherwise disposed of, to any person desiring the animal, if the person complies with all the provisions of this chapter. Health and Environment. MADISON, Ala. - The City of Madison has a new animal tethering ordinance in place. (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. (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. Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same. The compensation of the rabies officer and his or her deputies shall be limited to the fees collected from enforcement of this chapter. (Code 1876, 4411; Code 1886, 3871; Code 1896, 5092; Code 1907, 6231; Code 1923, 3213; Code 1940, T. 3, 10.). 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. (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. (Acts 1990, No. 1-A - Authority of Coastal Counties to Regulate Motor Vehicles and Littering On Beaches, Texas Constitution Art. Calhoun County, AL Attorney. (b) It shall be unlawful and in violation of the provisions of this chapter for any person to import, receive, sell, offer for sale, barter, or exchange animal rabies vaccine, other than antirabies vaccine intended for human use, to anyone except a duly licensed veterinarian. Maintenance of pound; notice of impoundment; adoption of animals. Compare 46 attorneys in Calhoun County, Alabama on Justia. . Hogs dying from cholera or any other disease whatsoever shall be burned. Calhoun County, AL Family Law Attorney with 13 years of experience. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. CHAPTER 11. 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. Unlawful or malicious killing, injury, etc., of dog of another. 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. 3-1-1. 90-530, p. 816, 7; Act 2009-636, p. 1949, 1.). [ 3-1-15 - 3-1-27 omitted because unrelated to dogs]. 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. Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. 2nd Monday of each Month 5:30 P.M Work . Calhoun County District CourtUnlawful Detainer/Eviction Procedures. 3-1-5. Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. 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 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. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. The animal control officer shall file a summons for the owner of the dog, if known, with the municipal court or district court. Alabama Law Enforcement Agency Criminal Records and Identification Unit P.O. Calhoun County, Alabama. c. Provides adequate ventilation and protection from the elements. Law Firm Website Law Firm Profile. Nothing in this chapter shall be construed to repeal other criminal laws. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Penalties for violations of provisions of article, etc. Evidence of immunization shall consist of a printed certificate furnished by the Alabama Department of Public Health, upon which shall be legibly inscribed: A description of the animal; its age, color, sex, breed, and tattoo identification, if any; the name and address of the owner; the lot number and type of vaccine used (modified live virus, inactivated virus); the name of the manufacturer, the amount of vaccine injected, and the date after which the animal is no longer considered vaccinated; and a serially numbered tag bearing the same number and year as that of the certificate. Whenever conduct prescribed by this chapter is also prescribed by any other provision of law, the provision which carries the more serious penalty shall be applied. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (Acts 1990, No. (c) For purposes of this section, livestock is defined as equine or equidae, cows, swine, goats, and sheep. AL 35128. Horse show, rodeo, or dog and pony shows (Ala.Code 1975 40-12-111), Chapter 9. ABA Votes To Keep Admission Tests Requirement Shirley A. Millwood. (a) If a dog that has previously been declared by a court to be dangerous, when unjustified, attacks and causes serious physical injury or death to a person, the owner of the dog shall be guilty of a Class B felony. ANIMALS. 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. (b) Nothing in this chapter is designed to abrogate any civil remedies available under statutory or common law. 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.
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