View Website View Lawyer Profile Email Lawyer. 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. (6) Health officer. Those members of the canine family maintained by governmental agencies for exclusive use in official duties assigned to those agencies. such dog or dogs to the limits of his own premises or the premises on which such dog If the owner of an impounded animal is known, the owner shall be given direct notice of the impoundment. 3-6A-8. 1. review. on which such dog or dogs is or are regularly kept. 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. 3-7A-11 . Activities relating to fighting of dogs prohibited; punishment; confiscation; procedures for disposition of animals. 3-6-1 . Repealed by Acts 1977, No. Any person violating this section shall be guilty of a misdemeanor and shall be fined not less than $2.00 nor more than $50.00. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. The filing fee is $65.00 Minor Name Changes You will need to contact an attorney for a minor name change 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. Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. 3-7A-7 . 84-796, p. 206; Act 2011-542, 1.). Cullman, AL (35055) Today. Cullman County Animal Control Division Director Tim McKoy said the county has a leash law. Family Court Divisions: 256-231-1740, Suite 500. 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. 9-11-305 . Permitting dog or hog known to kill, etc., sheep, domestic fowl, etc., to run at large. 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. Maintenance of pound; notice of impoundment; adoption of animals. Attorney Ratings. 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. (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. Unlawful or malicious killing, injury, etc., of dog of another. Any person knowingly keeping such dog is liable for double the value of all stock killed or injured by such dog, such damages to be recovered by the owner of such stock before any court of competent jurisdiction and no action shall be maintained against anyone for killing such dog. Dogs and cats to be immunized; certificate; validity; to whom sale, etc., of vaccine may be made. Licensed to practice law in Georgia and Florida in 1994. (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. Most courts now offer at least some materials and forms to help you understand and manage your child custody case. 3-1-1 . FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (Code 1876, 4411; Code 1886, 3871; Code 1896, 5092; Code 1907, 6231; Code 1923, 3213; Code 1940, T. 3, 10.). For the purposes of this chapter, the following words shall have the following meanings: (1) Animal control officer. 3-6-2. Feel free to ask any questions you have before hiring a lawyer to make sure you understand what . Permitting dog or hog known to kill, etc., sheep, domestic fowl, etc., to run at large. 3-6A-4. (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. Relation to Volunteer Service Act. 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. Alabama law does not make this action a crime, although theft or property damage laws may apply. 3-1-7 . Chapter 6. Dogs are considered vicious that have bitten or have threatened to bite persons. Copyright 2023, Thomson Reuters. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. 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. At the hearing, the county attorney, municipal attorney, or municipal prosecutor shall present evidence that the dog is dangerous. 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. The necessary expenses incurred for the care and keeping of the animal after such notice by the humane society shall be a lien thereon and, if the animal is not reclaimed within 10 days from the giving of such notice, the humane society may sell the animal to satisfy such lien. (3) Bitten. 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. (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. (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. Shirley A. Millwood. 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. (11) Quarantine for rabies observation. 3-6-1. 3-7A-6. (3) Dog. Rain. 3-7A-5 . Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. Calhoun County Circuit Clerk's Office. 3-1-5.1. 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. Residents in Alabama, home to many pecan and oak trees, can recover additional damages if someone deliberately damages their tree. 383, p. 813, 8; Code 1940, T. 8, 89.). Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same. 3-1-1. of 607, p. 812, 9901, as amended, effective January 1, 1980. There are 7 Courts in Calhoun County, Alabama, serving a population of 115,527 people in an area of 606 square miles. Killing or disabling livestock; penalty. Title 45. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 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. The administration of rabies vaccine to species other than those for which reliable immunization data is available shall be a violation of this chapter. Kim McCarson, Circuit Clerk. 3-1-13 . Winds NE at 5 to 10 mph. In that instance, a new certificate marked duplicate may be issued and distributed according to Section 3-7A-2. Upon resolution of a civil forfeiture petition filed under this subsection, the owner or keeper shall be refunded the amount remaining on any bond posted or funds deposited in accordance with this subsection not expended for the seizure, care, keeping, or disposal of the dog. Prev Next 3-1-5 . (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. (Acts 1915, No. CHAPTER 6. Shirley A. Millwood. Calhoun County, AL Attorney. Liability of Owners of Dogs Biting or Injuring Persons; Title 3. (d) Nothing in this chapter shall be construed to require any county or municipality to employ or make available an animal control officer. Alabama law is clear on reporting abuse and neglect of children under the age of 19. The certificate shall be dated and signed by the person authorized to administer the vaccine. Violators will . 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. An additional paper copy or electronic copy or listing shall be provided to the local rabies enforcement authority upon request by the authority and in the manner as so requested. (b) This section shall not apply to the running at large of any dog or dogs within | https://codes.findlaw.com/al/title-3-animals/al-code-sect-3-1-5/. Animals. County rabies officer; application; appointment; term; powers and duties; authority of county board of health. Nothing in this section shall prevent the owner of any dog or dogs or other person Applications shall be provided to the chair of each county board of health during the month of November. (2) Cat. Keeping of dogs in certain vacant lots. You already receive all suggested Justia Opinion Summary Newsletters. 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. d. Exhibits a sign conspicuously posted upon the pen or the structure containing the following: Dangerous Dog--No Trespassing.. AL 35128. 3-7A-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. 9-11-305. 2. (6) Impounded. 3-7A-9. It requires dogs be confined to owner's property. (4) Ferret. If reliable epidemiologic data is lacking for an animal species regarding duration of rabies virus secretion from the salivary glands, the animals shall be humanely destroyed and the head submitted for rabies examination to the state health department laboratory. 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. (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. . 3-1-8 . TITLE 9. 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Animal advocates in the county say the there's no animal control officer to pick. CHAPTER 8. Local Laws Alabama Code Title 45. 90-530, p. 816, 9; Act 2009-636, p. 1949, 1.). Entered active duty in the United States Army . Destruction of certain abandoned animals by members, etc., of societies for prevention of cruelty to animals. Dummier Young LLC. 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. 93-719, p. 1406, 1-3; Act 2004-627, p. 1421, 1.). CALHOUN COUNTY ORDINANCES . (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. 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. An injury as defined in Section 13A-1-2(12). 607, p. 812, 9901, as amended, effective January 1, 1980. (256) 847-3777 8385 Alabama Highway 144. 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. 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. 668, p. 1061, 8; Code 1940, T. 8, 110(8); Act 2019-369, 1.). Construction and application of chapter. 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. [ 3-1-15 - 3-1-27 omitted because unrelated to dogs]. The surrender shall not be considered a presumption of guilt. (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. 9-11-307 . Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. The Calhoun County Commission would like to welcome you to the Calhoun County WEB site and hope you will return often. (a) Nothing in this chapter shall be construed to restrict or negate the requirements of the rabies control law contained in Sections 3-7A-1 to 3-7A-15, inclusive. Repealed by Act 2015-70, 1(12), effective April 21, 2015. (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. 3-1-14 . 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. 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. . 3-1-12. The owner of the dog, if known, shall be served with a copy of the petition. Mr. Howard Wayne East. Family, Bankruptcy, Business and Divorce. 3-1-14. 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. (256) 235-3863. Calhoun County uses the latest encryption technology to safeguard information entered into the system. 3-1-4. At its discretion, the humane society or other agency handling stray animals shall humanely dispatch or dispose of any confiscated dog. 3-1-2. 3-1-8. 3-7A-2 . (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. Dogs and cats to be immunized; certificate; validity; to whom sale, etc., of vaccine may be made. 3-6-2 . (5) Has been exposed. (Acts 1990, No. Alabama Law Enforcement Agency Criminal Records and Identification Unit P.O. 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. 3-1-13. Duties of animal control officer. Every lawyer is a little different and you may want to find the best family lawyer to address your individual situation. 9 sec. (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. the same has been adopted by the county commission of such county. 3-1-4 . 3-7A-7. Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. 3-8-1 . Each county in the state shall provide a suitable county pound and impounding officer for the impoundment of dogs, cats, and ferrets found running at large in violation of the provisions of this chapter. 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. 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. 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. (b) An animal control officer may initiate a dangerous dog investigation in cases where a complaint has been made pursuant to subsection (a) and a person has been bitten, received physical injury or serious physical injury, or has died. Cruelty to animals. 45-37A-53.01. Contact the AL Dept. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. - Repealed by Act 2015-70, 1(12), effective April 21, 2015. Alabama Leash Law Dogs are not permitted to run at large in Alabama. Any animal found by the court not to be diseased, injured, or lacking any useful purpose due to training or viciousness shall be delivered to a court-approved private veterinarian or a private housing facility under the supervision of a veterinarian. 185, p. 259; Code 1923, 3221; Code 1940, T. 3, 5.). Expenses incurred in connection with the housing, care, or upkeep of the dogs by any person, firm, partnership, corporation, or other entity shall be taxed against the owner. 2023 LawServer Online, Inc. All rights reserved. The compensation of the rabies officer and his or her deputies shall be limited to the fees collected from enforcement of this chapter. Activities relating to fighting of dogs prohibited; violations; confiscation; procedures for disposition of animals; bond for the care of seized dog; forfeiture. (Acts 1990, No. (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. (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. (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. 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. Birmingham School of Law and Thomas Goode Jones School of Law, Faulkner University Jacksonville State University and Gadsden State Community College Alabama. Killing or disabling livestock; penalty. Rabies; Title 3. You're all set! (g) A dog that is the subject of a dangerous dog investigation may not be relocated and ownership may not be transferred pending the outcome of the investigation and hearing to determine whether to declare the dog to be dangerous.