View Lawyer Profile. Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. 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. 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. d. Exhibits a sign conspicuously posted upon the pen or the structure containing the following: Dangerous Dog--No Trespassing.. (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. 3-1-2. (b) Appointments not made within the prescribed time limits specified in this section shall become the joint prerogative of the State Health Officer and the State Veterinarian after due consultation with the appropriate health officer. CHAPTER 1. (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. At the hearing, the county attorney, municipal attorney, or municipal prosecutor shall present evidence that the dog is dangerous. or persons having such dog or dogs in his or their charge from allowing such dog or Notice of such rules and regulations shall be given by publication 30 days before the effective date. 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. Repealed by Acts 1977, No. (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. Burial or burning of bodies of dead animals generally; burning of hogs dying from cholera, etc. (Acts 1990, No. Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. 1975-01 - Ordinance Regulating The Erection, Construction And Enlargement, . When person deemed lawfully on property of owner of dog. Dogs are considered vicious that have bitten or have threatened to bite persons. All members of the ferret (Mustela putorius furo) family. 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. (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. Construction and application of chapter. (d) In the event the dangerous dog investigation leads the animal control officer to believe the allegation is unfounded, the animal control officer shall advise the complainant of his or her findings and the animal control officer shall submit the results of the investigation to his or her supervisor. (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. (10) Person. (4) At the end of the time for which expenses are covered by the bond or deposit of funds, if the owner or keeper fails to post a new bond or deposit new funds with the clerk of the court, which must be received before the expiration date of the previous bond or deposit of funds, then the dog shall be forfeited by operation of law. 3-6-2 . Please be assured that your information will remain confidential and will not be shared. (2) The court shall set a hearing date no more than 20 days from the filing of the petition for civil forfeiture and shall give notice of the hearing to the owner or keeper of the dog. (2) The sworn statement shall be delivered to an animal control officer who shall complete a dangerous dog investigation. 90-530, p. 816, 14; Act 2009-636, p. 1949, 1.). The appointee's term of office shall expire on December 31 of the year of appointment; provided, however, that he or she shall be eligible for reappointment. 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. c. Provides adequate ventilation and protection from the elements. Title 45. In case the owner of an impounded animal desires to redeem the animal, he or she may do so on the following condition: He or she shall pay for the immunization of the animal and a penalty equal to the minimum fine established in Section 3-7A-6 if a certificate of current immunization cannot be produced, and for the board of the animal for the period for which it was impounded. Activities relating to fighting of dogs prohibited; punishment; confiscation; procedures for disposition of animals. (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. 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. Replacement of certificate and tag. 3-1-13. Those interested should complete the Rescue Application and email it to the address below or if you have any questions please do not hesitate to call. If the owner of an impounded animal is known, the owner shall be given direct notice of the impoundment. Winds NE at 5 to 10 mph. Health and Environment. 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. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. 3-6A-4. (256) 403-0521. AL 35128. 607, p. 812, 9901, as amended, effective January 1, 1980. FISH, GAME,AND WILDLIFE. 3-1-9. The form must be filled out completely before returning to the Calhoun County Probate Office. (Acts 1915, No. 3-1-4. (e) An appointed veterinarian or officer of the humane society or other animal welfare agency may upon delivery or at any time thereafter destroy the animal that is in his or her opinion injured, diseased past recovery, or whose continued existence is inhumane and destruction is necessary to relieve pain or suffering. 2. (11) Quarantine for rabies observation. 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. Shirley A. Millwood. (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. Chapter 6. Birmingham School of Law University of Alabama - Tuscaloosa 11th Circuit, Alabama and Federal Circuit Alabama State Bar. 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. Get Help With Alabama Child Custody. 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. 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. (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. (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. 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. 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. The owner shall be required to obtain a surety bond of at least one hundred thousand dollars ($100,000) and shall provide proof to the court or animal control office. 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. (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. (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. 3-6A-7. Alexandria, AL 36250. (Acts 1990, No. 3-7A-7. (i) The pleading and practice in all cases to petition the court to declare a dog to be dangerous under this section shall be in accordance with the Alabama Rules of Civil Procedure and rules of the courts governing municipal courts in this state unless otherwise specified by this chapter. Unlawful or malicious killing, injury, etc., of dog of another. A dog owner may be fined between $2 and $50 for failure to leash the dog. TITLE 3. 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. 3-7A-6. Local Laws. ARTICLE 10. [ 3-1-15 - 3-1-27 omitted because unrelated to dogs]. Maintenance of pound; notice of impoundment; adoption of animals. TITLE 9. Animals 3-1-5 - last updated January 01, 2019 You might wonder "Why? Nothing in this chapter shall be construed to repeal other criminal laws. Cruelty to animals. (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. 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. TITLE 3. Indiana Petition for Waiver of Reinstatement Fee, California Codes > Government Code > Title 3 - Government of Counties, Florida Statutes > Chapter 7 - County Boundaries, Florida Statutes > Title XI - County Organization and Intergovernmental Relations, Illinois Compiled Statutes > 55 ILCS 5 > Article 1 > Division 1-1 - Short Title, Boundaries, Jurisdiction, Illinois Compiled Statutes > 55 ILCS 5 > Article 1 > Division 1-2 - Alteration Of County Lines, Illinois Compiled Statutes > 55 ILCS 5 > Article 1 > Division 1-3 - New Counties, Illinois Compiled Statutes > 55 ILCS 5 > Article 1 > Division 1-4 - Uniting Counties, Illinois Compiled Statutes > Chapter 55 - Counties, Missouri Laws > Title VI - County, Township and Political Subdivision Government, New York Laws > Alternative County Government, Texas Constitution > Article 9 - Counties, Texas Constitution Art. Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same. to be kept on dogs nor shall this section apply in any county in this state until 3-7A-9. Government, Calhoun County, Alabama. FISH, GAME, AND WILDLIFE. 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. 3-1-28. Article 8. Title 3. 84-796, p. 206; Act 2011-542, 1.). Section 3-1-5 Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. Ordinances often include sections on animal cruelty, ownership, at-large regulations, mandatory spay/neuter, and cat licensing. LawServer is for purposes of information only and is no substitute for legal advice. The county commission shall be empowered to adopt and enforce a leash law in the unincorporated areas of the county and if it deems necessary it may enter into a contract with an incorporated municipality in the county for enforcement of such law. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. Each case varies depending on the situation. Any person violating this section shall be guilty of a misdemeanor and shall be ; failure to burn or bury dead animal, etc. (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. the same has been adopted by the county commission of such county. Repealed by Acts 1977, No. Dogs and cats to be immunized; certificate; validity; to whom sale, etc., of vaccine may be made. (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. (Acts 1990, No. Residents in Alabama, home to many pecan and oak trees, can recover additional damages if someone deliberately damages their tree. (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. Liability of owner for damages done by livestock or animals running at large; judgment lien upon animal or livestock causing damage (Ala. Code 1975 3-5-3), 40-12-111. Impoundment of dogs; redemption or destruction of impounded dogs. (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. the corporate limits of any city or town in this state that requires a license tag 3-1-29 . 3-1-10 . For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. The court shall award the animals to the humane society or other agency handling stray animals. 461, p. 702; Code 1923, 3223; Code 1940, T. 3, 60.). Licensed to practice law in Georgia and Florida in 1994. 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. The amount paid for the board of the animal shall accrue to the credit of the city or county, depending upon the jurisdiction of the pound in which the animal was confined. (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. County rabies officer; application; appointment; term; powers and duties; authority of county board of health. 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. 90-530, p. 816, 12; Act 2009-636, p. 1949, 1.). The age of the majority in Alabama is now 19. (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. 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. Code of Alabama. (c) The county health department is authorized to promulgate and enforce any reasonable rules and regulations necessary to implement this section. (256) 847-3777 8385 Alabama Highway 144. High 59F. 2023 Michigan State University College of Law. (4) Dangerous dog. (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. Burial or burning of bodies of dead animals generally; burning of hogs dying from cholera, etc. LIABILITY OF OWNERS OF DOGS BITING OR INJURING PERSONS. 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. Alabama Leash Law Dogs are not permitted to run at large in Alabama. 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Reasonable costs shall include, but not be limited to, transportation, food, shelter, and care, including veterinary care. 45-37A-53.01. This site is not a law firm and cannot offer legal advice. Destruction of certain abandoned animals by members, etc., of societies for prevention of cruelty to animals. e. The owner of the dangerous dog shall be required to pay all expenses involved with the investigation, pickup, and impoundment, and any court costs or fees related to the hearing to determine whether the dog is dangerous. on which such dog or dogs is or are regularly kept. Liability of Owners of Dogs Biting or Injuring Persons; Title 3. 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. 3-1-6 . Every lawyer is a little different and you may want to find the best family lawyer to address your individual situation. Injury or destruction of dipping vat of another. Penalty for dog or cat without tag or certificate. or dogs is or are regularly kept. (g) Canine corps dogs and seeing eye dogs shall be exempt from the quarantine period if the exposure occurs in the line of duty and evidence of proper immunization against rabies is presented, but shall be examined immediately at the end of 10 days by a licensed veterinarian, who shall report the results of his or her examination to the appropriate health officer as previously authorized. 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 All members of the canine family including dog hybrids. Alabama/ Title 45. (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. b. Family Court Divisions: 256-231-1740, Suite 500. 3-1-14 . Dummier Young LLC. Construction with other laws; penalties. Duties of animal control officer. CALHOUN COUNTY, ALABAMA NOVEMBER 8, 2022 ABSENTEE OFFICIAL BALLOT BALLOT STYLE - 1 GENERAL AND CONSTITUTIONAL AMENDMENT ELECTION CALHOUN COUNTY, ALABAMA . Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same. 3-7A-16. (Acts 1993, No. Rabies; Title 3. Dogs and cats to be immunized; certificate; validity; to whom sale, etc., of vaccine may be made. 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. More than 40 people attended the hearing, which started at 5 p.m. in the commission room at the Chilton County Courthouse. Any duly authorized officer or employee of a recognized humane society shall have the right to take charge of any animal which is sick or disabled due to neglect or is being cruelly treated or abused and to provide care for such animal until it is deemed to be in suitable condition to be returned to its owner or to the person from whose custody such animal was taken. c. The owner of the dangerous dog shall provide a copy of the certificate of the current rabies vaccination of the dog. (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. In that instance, a new certificate marked duplicate may be issued and distributed according to Section 3-7A-2. The rabies officer may be removed from office, for cause, by the county board of health or the State Health Officer. (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. Nearly every administrationin the country has a leash law. 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. An injury as defined in Section 13A-1-2(12). 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. Placement of area under quarantine; additional measures. (b) Nothing in this chapter is designed to abrogate any civil remedies available under statutory or common law. Commission Office 1702 Noble Street Suite 103 Anniston, AL 36201 Phone: 256-241-2800 1975 Ordinances . The Petitioner must be a legal resident of Calhoun County and age 19 or older. Permitting dog or hog known to kill, etc., sheep, domestic fowl, etc., to run at large. In extreme situations, the State Health Officer may place the area under quarantine without waiting for local request. If the humane society determines that the animal cannot be sold, it may cause the animal to be otherwise disposed of. They must be appropriately confined at all times, either by a leash when off the property or other means to keep them within an owner's property. Any dog trained to hunt wild game with a handler. 3-7A-11. (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. ANIMALS. 93-719, p. 1406, 1-3; Act 2004-627, p. 1421, 1.). 9-11-307 . 3-6-2. (b) This section shall not apply to the running at large of any dog or dogs within (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. Calhoun County, AL Family Law Attorney with 13 years of experience. 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. (Acts 1990, No. 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. No such animal shall be burned or buried sufficiently near a residence or residences as to create a nuisance. (Acts 1990, No. [Link to page for provisions for Chilton County only (Ala.Code 1975 45-11-172 - 172.08)]. (Acts 1919, No. There's a simmering controversy in Calhoun County over animal control. Back to Top Alaska Leash Law Repealed by Acts 1977, No. For community cats, the inclusion or omission of just a few words in these laws can be the difference between life and death. 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. Chapter 8. RABIES VACCINE. of 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. 3-1-11.1. Chapter 37A. Contact the AL Dept. Calhoun County, AL Attorney. (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). 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. 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 . For the purposes of this chapter, the following words shall have the following meanings: (1) Animal control officer. Or perhaps, the lack of animal control. 3-1-1 . 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.
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calhoun county alabama leash law