Residents in Alabama, home to many pecan and oak trees, can recover additional damages if someone deliberately damages their tree. Each case varies depending on the situation. There is 1 Court per 16,503 people, and 1 Court per 86 square miles. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. 668, p. 1061, 6; Code 1940, T. 8, 110(6).). (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. 3-6A-8. 3-1-7 . (6) Upon resolution of any criminal charges brought against the owner or keeper of the dog confiscated pursuant to this section, the owner or keeper shall be refunded the amount remaining on any bond posted or funds deposited in accordance with this section not expended for the seizure, care, keeping, or disposal of the 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. (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. (12) Rabies officer. 3-1-11.1. Alabama Code 45-49-170.03. | https://codes.findlaw.com/al/title-3-animals/al-code-sect-3-1-5/. Sign up for our free summaries and get the latest delivered directly to you. The compensation of the rabies officer and his or her deputies shall be limited to the fees collected from enforcement of this chapter. 3-1-7. (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. The owner shall provide proof of the surety bond each time the annual dangerous dog registration fee is paid. 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. (256) 847-3777. 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. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. 3-6A-6. ANIMAL. Cruelty to animals. Relation to Volunteer Service Act. 9-11-306. (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. TITLE 9. The certificate shall be dated and signed by the person authorized to administer the vaccine. 93-719, p. 1406, 1-3; Act 2004-627, p. 1421, 1.). 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. Repealed by Acts 1977, No. 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. 3-1-5.1. (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. (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. Penalties for violations of provisions of article, etc. CALHOUN COUNTY ORDINANCES . (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. Is capable of being locked with a key or combination lock when the dog is within the structure. Seeing eye dogs shall be included within the meaning of this definition. 3-7A-2 . Chapter 7A. https://codes.findlaw.com/al/title-3-animals/al-code-sect-3-1-5/, Read this complete Alabama Code Title 3. (1) If the court determines that the dog is dangerous and has caused serious physical injury or death to a person, the court shall order the dog to be humanely euthanized by a licensed veterinarian or an authorized animal control official. Family Court Divisions: 256-231-1740, Suite 500. such dog or dogs to the limits of his own premises or the premises on which such dog Right of officers, etc., of humane societies to take charge of and care for neglected or abused animals; written notice to owner from whom animal taken; lien for expenses for care and keeping of animal. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. General Provisions. Copyright 2023, Thomson Reuters. The dangerous dog shall be microchipped. Carrie Hudson - Domestic Relations. The court shall award the animals to the humane society or other agency handling stray animals. 9 sec. 3-7A-16. Contact the AL Dept. TITLE 3. (a) For the purposes of this section, the following terms shall have the following meanings: (1) Agricultural work dog. 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. 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. Burial or burning of bodies of dead animals generally; burning of hogs dying from cholera, etc. Attorney Ratings. 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. 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. 3-1-5. (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. Repealed by Act 2015-70, 1(12), effective April 21, 2015. 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. fined not less than $2.00 nor more than $50.00. [ 3-1-15 - 3-1-27 omitted because unrelated to dogs]. 3-1-9. Repealed by Acts 1977, No. 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-8 . f. The owner of the dangerous dog shall be required to pay an annual dangerous dog registration fee of one hundred dollars ($100) to the county or municipality for a dog deemed dangerous by a court or pay a penalty of one hundred dollars ($100) to the county or municipality for non-registration within two weeks. 3-1-7 . (9) Owner. You already receive all suggested Justia Opinion Summary Newsletters. Applications shall be provided to the chair of each county board of health during the month of November. Any agent, officer or member of a duly incorporated society for the prevention of cruelty to animals may lawfully destroy or cause to be destroyed any animal found abandoned and not properly cared for which may appear, in the judgment of two reputable citizens called by him to view the same in his presence, to be superannuated, infirm, glandered, injured or diseased past recovery for any useful purpose. 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. Repealed by Acts 1977, 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. c. The animal control officer shall send a copy of the investigation report to the county attorney, municipal attorney, or municipal prosecutor. As used in this chapter, the following words and phrases shall have the following meanings respectively ascribed to them unless the context clearly indicates otherwise: (1) Canine corps dogs. WILDLIFE MANAGEMENT AREAS. 3-1-5 . An agent of a county or municipality vested with impounding authority for animals covered under this chapter. (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. 3-7A-16 . MADISON, Ala. - The City of Madison has a new animal tethering ordinance in place. 3-7A-11 . Local Laws Current as of January 01, 2019 | Updated by FindLaw Staff Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. 461, p. 702; Code 1923, 3223; Code 1940, T. 3, 60.). . Placement of area under quarantine; additional measures. 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 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. 3-7A-10. 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. Penalty for dog or cat without tag or certificate. 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. 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. The bond or deposited funds shall be ordered posted in 30-day increments until such time as the case that was the cause of the dog being confiscated is resolved. No person may file more than one motion seeking an adjustment to the bond or funds to be deposited for each six-month period for which the dog is held under this section. (a) 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. Destruction of impounded dogs and cats; when authorized; redemption by owner; sale of impounded animals. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. . 3-6-2 . Alabama law is clear on reporting abuse and neglect of children under the age of 19. Nothing in this section shall prevent the owner of any dog or dogs or other person The owner of the dog, if known, shall be served with a copy of the petition. View Website View Lawyer Profile Email Lawyer. Repealed by Acts 1977, No. Birmingham School of Law and Thomas Goode Jones School of Law, Faulkner University. Sworn statement; dangerous dog investigation; hearing; procedures. Commission Office 1702 Noble Street Suite 103 Anniston, AL 36201 Phone: 256-241-2800 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. (9) Proper enclosure of a dangerous dog. 3-6-1 . 3-7A-13 . 1975-01 - Ordinance Regulating The Erection, Construction And Enlargement, . (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. TITLE 9. (Acts 1990, No. 3-1-6. If the owner of an impounded animal is known, the owner shall be given direct notice of the impoundment. (h) The court hearing shall be held as soon as practicable. 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 In Alabama, Calhoun County is ranked 50th of 67 counties in Courts per capita, and 9th of 67 counties in Courts per square mile. 3-1-2 . Any person violating this section, whether by failure to burn or bury an animal dying or being killed in his possession or by causing the same to be burned in such proximity to a dwelling or in such other way as to become a nuisance shall be guilty of a misdemeanor and, on conviction, shall be fined not more than $50.00. 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. Alabama Property Line and Fence Laws at a Glance (Acts 1939, No. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. Reasonable costs shall include, but not be limited to, transportation, food, shelter, and care, including veterinary care. The form must be filled out completely before returning to the Calhoun County Probate Office. 3-7A-13. (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. Unlawful or malicious killing, injury, etc., of dog of another. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 1975 Ordinances . The committee shall consider all cost factors in administering the vaccine as the economy dictates, including but not limited to the current prices of vaccines. 3-7A-2. ; failure to burn or bury dead animal, etc. c. Provides adequate ventilation and protection from the elements. LIABILITY OF OWNERS OF DOGS BITING OR INJURING PERSONS. d. The dangerous dog shall be spayed or neutered. (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. Calhoun County, AL Family Law Attorney with 13 years of experience. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 2nd Monday of each Month 5:30 P.M Work . 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. Code of Alabama. Duties of animal control officer. Local Laws. Animals. 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). Compare 46 attorneys in Calhoun County, Alabama on Justia. 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. (Acts 1935, No. 3-1-1. Destruction of certain abandoned animals by members, etc., of societies for prevention of cruelty to animals. After hearing from residents, the county commission approved the leash law. 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. 2023 Michigan State University College of Law. 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. When dogs permitted in areas; liability of owners of dogs at large in areas. Cruelty to animals. When person deemed lawfully on property of owner of dog. (2) Hunting dog. 82- 626, p. (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. Phone:(205) 814-1567. 3-7A-5. 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. (Code 1896, 422; Code 1907, 2833; Code 1923, 6074; Code 1940, T. 3, 7.). Shirley A. Millwood. TITLE 3. (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. Impoundment of dogs; redemption or destruction of impounded dogs. James Vercell Seal. Birmingham. Universal Citation: AL Code 3-1-5 (2017) Section 3-1-5 Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. 3-7A-9 . Nothing in this chapter shall be construed to repeal other criminal laws. (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. Animals. Current as of January 01, 2019 | Updated by FindLaw Staff. Alexandria, AL 36250. You're all set! 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. (b) Nothing in this chapter is designed to abrogate any civil remedies available under statutory or common law. (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. 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. Relation to Volunteer Service Act. 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. Dummier Young LLC. Even if you plan to work with a lawyer, it's smart to do some research before . b. (7) Immunization against rabies. (d) Nothing in this chapter shall be construed to require any county or municipality to employ or make available an animal control officer. (Acts 1990, No. Article 8. 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. 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. (Acts 1990, No. FISH, GAME,AND WILDLIFE. AL 35128. 9-11-307 . Provided, however, the owner has the option of quarantining the animal or animals based on the recommendations of the Alabama Department of Public Health upon consultation with the U.S. Public Health Service. 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. 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. 1. review. Alabama Leash Law Dogs are not permitted to run at large in Alabama. (h) Any person who knowingly makes a false report to an animal control officer or law enforcement officer that a dog is dangerous is guilty of a Class C misdemeanor. Construction with other laws; penalties. 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. (5) Has been exposed. (c) For purposes of this section, livestock is defined as equine or equidae, cows, swine, goats, and sheep. Animals 3-1-6 on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 90-530, p. 816, 9; Act 2009-636, p. 1949, 1.). 3-1-8 . 607, p. 812, 9901, as amended, effective January 1, 1980. 3-1-13 . 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.