3-1-4 . Is capable of being locked with a key or combination lock when the dog is within the structure. (Code 1852, 186, 191; Code 1867, 3733, 3738; Code 1876, 4408, 4420; Code 1886, 3869; Code 1896, 5090, 5091; Code 1907, 6230; Code 1923, 3212; Code 1940, T. 3, 9; Acts 1982, No. Criminal Defense Lawyers Serving Calhoun County, AL (Gardendale) Additional Office Locations. LIABILITY OF OWNERS OF DOGS BITING OR INJURING PERSONS. (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. There's a simmering controversy in Calhoun County over animal control. 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. 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. Cullman County Animal Control Division Director Tim McKoy said the county has a leash law. (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. (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. 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. 9 sec. b. Activities relating to fighting of dogs prohibited; punishment; confiscation; procedures for disposition of animals. The dangerous dog shall be microchipped. (b) This section shall not apply to the running at large of any dog or dogs within View Website View Lawyer Profile Email Lawyer. Chapter 6. All four sides of the fence or pen must be sunk at least two feet into the ground or the fence or pen must be built over a concrete pad to prevent the dog from digging out. Destruction of certain abandoned animals by members, etc., of societies for prevention of cruelty to animals. 3-1-7 . Construction and application of chapter. (e) In addition to any fines imposed by the court, a person guilty of violating subsection (a), (b), (c), or (d) shall pay all expenses, including, but not limited to, shelter, food, veterinary expenses for boarding, and veterinary expenses necessitated by impoundment of the dog, medical expenses incurred by a victim from an attack by a dangerous dog, and other expenses required for the destruction of the dog. Seeing eye dogs shall be included within the meaning of this definition. (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. (Acts 1939, No. A person, firm, corporation, or organization having a right of property in a dog, or who keeps or harbors a dog, or who has a dog in his or her care or acts as the custodian of a dog, or who permits a dog to remain on or about any premises occupied by him or her. 3-1-1. (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. (9) Owner. (8) Physical injury. 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. Nearly every administrationin the country has a leash law. 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. Repealed by Act 2015-70, 1(12), effective April 21, 2015. Cruelty to animals. Prev Next Sess., p. 207, 1.). Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. Article 8. Alabama law does not make this action a crime, although theft or property damage laws may apply. All members of the ferret (Mustela putorius furo) family. 3-1-11.1. Birmingham School of Law University of Alabama - Tuscaloosa 11th Circuit, Alabama and Federal Circuit Alabama State Bar. (Acts 1990, No. Sess., No. (Acts 1915, No. In Alabama, Calhoun County is ranked 50th of 67 counties in Courts per capita, and 9th of 67 counties in Courts per square mile. If the county or municipality impounds the dog, the owner of the dog shall be liable to the county or municipality for the costs and expenses incurred in impounding, feeding, and providing veterinary care or treatment for the dog. 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. When the sworn statement claims that a dog has caused serious physical injury or death to a person, the duties of the animal control officer, including, but not limited to, the dangerous dog investigation, shall be carried out by a law enforcement officer. Lynne Whitten, Supervisor - Appeals. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. (Acts 1990, No. CHAPTER 6. Unlawful or malicious killing, injury, etc., of dog of another. Destruction of impounded dogs and cats; when authorized; redemption by owner; sale of impounded animals. Birmingham School of Law and Thomas Goode Jones School of Law, Faulkner University. Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. (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. Calhoun County, AL Attorney. 90-530, p. 816, 7; Act 2009-636, p. 1949, 1.). 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. 3-7A-7 . 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. 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. (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. Those members of the canine family maintained by governmental agencies for exclusive use in official duties assigned to those agencies. Horse show, rodeo, or dog and pony shows (Ala.Code 1975 40-12-111), Chapter 9. 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. (a) For the purposes of this section, the following terms shall have the following meanings: (1) Agricultural work dog. (5) Has been exposed. The animal control officer shall file a summons for the owner of the dog, if known, with the municipal court or district court. Government, Calhoun County, Alabama. (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. The age of the majority in Alabama is now 19. Animals 3-1-5 on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. The owner of the dog, if known, shall be served with a copy of the petition. 3-7A-9. 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. WILDLIFE MANAGEMENT AREAS. 9-11-305. Please be assured that your information will remain confidential and will not be shared. 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. Read this complete Alabama Code Title 3. 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. Council Schedule. 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. 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. Nothing in this section shall prevent the owner of any dog or dogs or other person 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. 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. 90-530, p. 816, 3; Act 2009-636, p. 1949, 1.). 1 - Creation and Modification of Counties, Texas Constitution Art. 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. An agent of a county or municipality vested with impounding authority for animals covered under this chapter. the corporate limits of any city or town in this state that requires a license tag An injury as defined in Section 13A-1-2(12). Copyright 2023, Thomson Reuters. b. this Section. 3-1-29. 90-530, p. 816, 12; Act 2009-636, p. 1949, 1.). Repealed by Acts 1977, No. The surety bond required by subparagraph 1. shall provide coverage for dog bites, injuries, or death caused by the dog. (Acts 1990, No. 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. Family, Bankruptcy, Business and Divorce. (11) Quarantine for rabies observation. (3) Bitten. 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. Burial or burning of bodies of dead animals generally; burning of hogs dying from cholera, etc. 9-11-238. (c)(1) In the event a dangerous dog investigation leads an animal control officer to believe the allegation is founded, all of the following shall occur: a. Penalties for violations of provisions of article, etc. 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. Violators will . 3-1-10. TITLE 9. 2nd Monday of each Month 5:30 P.M Work . Title 3. 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. Article 5. 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. Section 3-1-5 - Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. (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. (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. Destruction of domesticated species exposed to rabid animal; quarantine as option on recommendation of Department of Public Health. Repealed by Acts 1977, No. 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. Activities relating to fighting of dogs prohibited; violations; confiscation; procedures for disposition of animals; bond for the care of seized dog; forfeiture. Title 45. (Acts 1990, No. 1. review. 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. In extreme situations, the State Health Officer may place the area under quarantine without waiting for local request. When dogs permitted in areas; liability of owners of dogs at large in areas. (10) Serious physical injury. 9-11-307 . 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. 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. 668, p. 1061, 6; Code 1940, T. 8, 110(6).). 1. 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. Any person having a right of property in a dog, cat, ferret, or other animal, or who keeps or harbors the animal, or who has it in his or her care, or acts as its custodian, or who permits the animal to remain on or about any premises occupied by him or her. 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. Liability of Owners of Dogs Biting or Injuring Persons; Title 3. Placement of area under quarantine; additional measures. - Repealed by Act 2015-70, 1(12), effective April 21, 2015. Coincident with the issuance of the certificate of immunization, the rabies officer, his authorized representative, or any duly licensed veterinarian, who provided the certificate shall furnish a serially numbered tag bearing the same number and year as that of the certificate, which tag shall at all times be attached to a collar or harness worn by the dog or cat for which the certificate and tag have been issued. 2023 LawServer Online, Inc. All rights reserved. CHAPTER 6. of 3-7A-9 . . Leash laws; enforcement. ANIMAL. If the court determines by reasonable satisfaction that the dog has such a propensity, the court may order the dog to be humanely euthanized by a licensed veterinarian or an authorized animal control officer or the court may order the dog be returned to its owner pursuant to all of the following conditions: a. (c) For purposes of this section, livestock is defined as equine or equidae, cows, swine, goats, and sheep. 3-7A-11 . Family Court Divisions: 256-231-1740, Suite 500. (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. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. 2 - Removal of County Seats, Texas Constitution Art. 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). High 59F. Notwithstanding the above, the State Board of Health may establish by rule vaccine intervals or specific vaccines, or both, to be used in public rabies vaccination clinics, based on considerations such as county specific prevalence of animal rabies or risk of animal rabies and the vaccination rates of dogs, cats, and ferrets in a county. Nothing in this chapter shall be construed to repeal other criminal laws. 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. 3-1-14. 3-7A-6. This site is not a law firm and cannot offer legal advice. (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. 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. When dogs permitted in areas; liability of owners of dogs at large in areas. Unauthorized access or use is not permitted and constitutes a crime punishable by law. b. Calhoun County Circuit Clerk's Office. 3-1-13. Killing or disabling livestock; penalty. 3-1-4. (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. 3-7A-8 . 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. 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. Repealed by Acts 1977, No. ANIMALS. 3-1-8. The following are merely procedural guidelines to attempt to aid you: Give a 7 business day notice to the tenant (for a yearly lease) OR 30 day notice to the tenant (for month to month, expired, or no lease). 3-7A-6 . County rabies officer; application; appointment; term; powers and duties; authority of county board of health. 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. 3-7A-16. More than 40 people attended the hearing, which started at 5 p.m. in the commission room at the Chilton County Courthouse. 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. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. (Acts 1935, No. The court shall award the animals to the humane society or other agency handling stray animals. . Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. 3-1-10 . (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. Dummier Young LLC. 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. 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. (Code 1867, 1296; Code 1876, 1601; Code 1886, 1379; Code 1896, 421; Code 1907, 2832; Code 1923, 6072; Code 1940, T. 3, 1.). Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. There is 1 Court per 16,503 people, and 1 Court per 86 square miles. d. The dangerous dog shall be spayed or neutered. (Acts 1990, No. 3-8-1. (Acts 1990, No. Hogs dying from cholera or any other disease whatsoever shall be burned. Alexandria, AL 36250. View Website View Lawyer Profile Email Lawyer. (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. The form must be filled out completely before returning to the Calhoun County Probate Office. Feel free to ask any questions you have before hiring a lawyer to make sure you understand what . 607, p. 812, 9901, as amended, effective January 1, 1980. 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. Applications shall be provided to the chair of each county board of health during the month of November. 90-530, p. 816, 8; Act 2009-636, p. 1949, 1.). Calhoun County, AL Attorney. Current as of January 01, 2019 | Updated by FindLaw Staff. Replacement of certificate and tag. Animals 3-1-5 - last updated January 01, 2019 (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. TITLE 3. Penalties for violations of provisions of article, etc. 607, p. 812, 9901, as amended, effective January 1, 1980. (8) Impounding officer. (2) For amusement or gain, to cause any dog to fight with another dog, or cause any dogs to injure each other. Any person violating this article or any rule adopted by the Commissioner of the Department of Conservation and Natural Resources under the authority of this article shall be guilty of a Class C misdemeanor, punishable as provided by law, except that the minimum fine shall not be less than one hundred dollars ($100).Credits(Acts 1939, No. . 3-7A-8. 3-1-6. Cite this article: FindLaw.com - Alabama Code Title 3. Calhoun County District CourtUnlawful Detainer/Eviction Procedures. 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. Relation to Volunteer Service Act. (a) Every person owning or having in charge any dog or dogs shall at all times confine 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. 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. 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. (Acts 1990, No. broadband infrastructure by state law to public or private entities for providing or expanding broadband infrastructure. Entered active duty in the United States Army . Dogs and cats to be immunized; certificate; validity; to whom sale, etc., of vaccine may be made. FISH, GAME,AND WILDLIFE. Alabama: Calhoun County Circuit Court 25 W 11th St, Anniston, AL 36201 Phone: (256) 231-1750. (6) Impounded. (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. (2) If the court determines that the dog is dangerous, but has not caused serious physical injury or death to a person, the court shall determine whether the dog has a propensity to cause future serious physical injury or death. Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. 82- 626, p. 90-530, p. 816, 5; Act 2009-636, p. 1949, 1.). (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. (h) The court hearing shall be held as soon as practicable. c. Provides adequate ventilation and protection from the elements. It shall be unlawful for any person having knowledge that a human being has been bitten or exposed by a dog, cat, or ferret to fail to notify one or more of the aforementioned officers. CHAPTER 11. (a) Every owner of a dog, cat, or ferret required to be immunized for rabies as defined in this chapter, shall cause the animal to be immunized by the rabies officer, his or her authorized representative, or any duly licensed veterinarian, when the animal reaches three months of age and subsequently in accordance with the intervals specified in the vaccine's license. f. The enclosure shall be locked at all times while the dog is inside the enclosure. Email: animalcenter@cityofpellcity.net. Local laws, such as local animal control ordinances, are part of a city and/or county code. Confinement under the direct care, custody, control, and supervision of a licensed veterinarian for a period of 10 days subsequent to the date of the exposure, or as otherwise directed by the appropriate health officer. (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. The Calhoun County Commission would like to welcome you to the Calhoun County WEB site and hope you will return often. Most courts now offer at least some materials and forms to help you understand and manage your child custody case. 3-6-1 . (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. 3-6-2 . Back to Top Alaska Leash Law At its discretion, the humane society or other agency handling stray animals shall humanely dispatch or dispose of any confiscated dog. Duties of animal control officer. 3-1-5.1. 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. Compare 46 attorneys in Calhoun County, Alabama on Justia.
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