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. The surrender shall not be considered a presumption of guilt. Dogs are considered vicious that have bitten or have threatened to bite persons. Originally called the Alabama Court Clerk's Association, the group was established in 1991. 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. 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. 9-11-306 . Cullman, AL (35055) Today. Animals. All members of the domesticated feline (Felis catus) family. (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. There is 1 Court per 16,503 people, and 1 Court per 86 square miles. CHAPTER 11. (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. Burial or burning of bodies of dead animals generally; burning of hogs dying from cholera, etc. 3-1-14 . (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. Government, Calhoun County, Alabama. Pell City does have a leash law, a vicious animal ordinance, and requires owners to be in control of their pets at all times. 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. View Website View Lawyer Profile Email Lawyer. If any dog, not being at the time on the premises of the owner or person having charge thereof, shall kill or injure any livestock, the owner or person having such dog in charge shall be liable for damages sustained by the killing or maiming of any livestock and for the full costs of the action. ANIMALS. Animal advocates in the county say the there's no animal control officer to pick. Is capable of being locked with a key or combination lock when the dog is within the structure. Permitting dog or hog known to kill, etc., sheep, domestic fowl, etc., to run at large. 3-1-5.1. 90-530, p. 816, 10; Act 2009-636, p. 1949, 1.). 607, p. 812, 9901, as amended, effective January 1, 1980. Calhoun County uses the latest encryption technology to safeguard information entered into the system. 3-1-7. If the dog is impounded with a veterinarian chosen by the owner of the dog, the owner of the dog shall be liable for paying to the veterinarian the cost and expenses incurred in impounding, feeding, and providing veterinary care or treatment for the dog. Attorney Ratings. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Each case varies depending on the situation. Any person, who, owning or having in his possession or under his control any dog or hog known to worry or kill sheep, domestic fowls or goats suffers such dog or hog to run at large must, on conviction, be fined not less than $5.00 nor more than $50.00. This chapter is known and may be cited as Emilys Law. LIABILITY OF OWNERS OF DOGS BITING OR INJURING PERSONS. (6) Impounded. 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. 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. Activities relating to fighting of dogs prohibited; violations; confiscation; procedures for disposition of animals; bond for the care of seized dog; forfeiture. No such animal shall be burned or buried sufficiently near a residence or residences as to create a nuisance. 3-6A-7. An injury as defined in Section 13A-1-2(12). 607, p. 812, 9901, as amended, effective January 1, 1980. Duties of animal control officer. ANIMALS. The owner shall provide proof of the surety bond each time the annual dangerous dog registration fee is paid. (2) The sworn statement shall be delivered to an animal control officer who shall complete a dangerous dog investigation. Liability of owner, etc., for injuries caused by rabid dog. 93-719, p. 1406, 1-3; Act 2004-627, p. 1421, 1.). (6) Health officer. Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. Chapter 37A. (Acts 1990, No. 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. 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. (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. (Acts 1915, No. 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. 2023 LawServer Online, Inc. All rights reserved. The owner of a dog in violation of the leash law can be subject to a misdemeanor offense and payment of a fine of $2.00 to $50.00 if a warrant is processed against them. - Repealed by Act 2015-70, 1(12), effective April 21, 2015. Alabama Leash Law Dogs are not permitted to run at large in Alabama. (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. View Website View Lawyer Profile Email Lawyer. 9-11-305 . Animals 3-1-5 - last updated January 01, 2019 Calhoun County, AL Attorney. 668, p. 1061, 6; Code 1940, T. 8, 110(6).). Aggressive physical contact by a dog. (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. 3-1-5 . (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. View Website View Lawyer Profile Email Lawyer. 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. 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). 185, p. 259; Code 1923, 3221; Code 1940, T. 3, 5.). (2) Cat. Nearly every administrationin the country has a leash law. (b) This section shall not apply to any person who is a licensed veterinarian operating his or her business in an area zoned therefor; nor shall this section apply to any person using dogs to guard his or her business. Birmingham School of Law and Thomas Goode Jones School of Law, Faulkner University Jacksonville State University and Gadsden State Community College Alabama. 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. Dummier Young LLC. (Acts 1990, No. Kim McCarson, Circuit Clerk. Do not send reports of suspected abuse or neglect via email. (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. 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. Stay up-to-date with how the law affects your life. AL 35128. 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. (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. (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. 3-1-29 . 668, p. 1061, 8; Code 1940, T. 8, 110(8); Act 2019-369, 1.). Lynne Whitten, Supervisor - Appeals. 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. The injection, in a manner approved by the State Health Officer and the State Veterinarian, of rabies vaccine approved by the State Health Officer and the State Veterinarian. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. (Code 1907, 2470; Code 1923, 5678; Code 1940, T. 3, 3.). 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. 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. 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. County rabies officer; application; appointment; term; powers and duties; authority of county board of health. Rain. (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. this Section. Penalties for violations of provisions of article, etc. All members of the domesticated canine (Canis familiaris) family. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (Acts 1990, No. (h) The court hearing shall be held as soon as practicable. 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. TITLE 9. Back to Top Alaska Leash Law Cullman County Animal Control Division Director Tim McKoy said the county has a leash law. 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. Graduated from Cumberland School of Law, Birmingham, Alabama in 1994. 3-7A-8 . (2) Attack. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. 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. You're all set! More than 40 people attended the hearing, which started at 5 p.m. in the commission room at the Chilton County Courthouse. Those members of the canine family maintained by governmental agencies for exclusive use in official duties assigned to those agencies. 3-1-2 . 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. 3-1-6 . The State Health Officer or any county health officer as defined in Section 22-3-2, or his or her designee. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. Animals. Individuals, firms, partnerships, and associations. (7) Immunization against rabies. Repealed by Act 2015-70, 1(12), effective April 21, 2015. 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. (11) Quarantine for rabies observation. dogs to accompany such owner or other person or persons elsewhere than on the premises Shirley A. Millwood. (Acts 1915, No. How to Find Sex Offender Information. 82- 626, p. With the new state law, Bannister said it is important to remember that all dog owners in Cullman are required to purchase a one-time city license for each dog owned. the same has been adopted by the county commission of such county. Even if you plan to work with a lawyer, it's smart to do some research before . (Code 1896, 422; Code 1907, 2833; Code 1923, 6074; Code 1940, T. 3, 7.). b. TITLE 3. 3-1-9 . Cruelty to animals. Section 3-1-5 Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. 90-530, p. 816, 7; Act 2009-636, p. 1949, 1.). broadband infrastructure by state law to public or private entities for providing or expanding broadband infrastructure. County rabies officer; application; appointment; term; powers and duties; authority of county board of health. Cite this article: FindLaw.com - Alabama Code Title 3. (Acts 1990, No. FISH, GAME, AND WILDLIFE. Compare 46 attorneys in Calhoun County, Alabama on Justia. Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same. 3-1-8 . 3-7A-11 . 383, p. 813, 8; Code 1940, T. 8, 89.). Get free summaries of new opinions delivered to your inbox! Any dog trained to hunt wild game with a handler. (a) The State Health Officer, upon request of authorized local officials, may place certain areas of the state under a rabies quarantine to prevent the spread of rabies. 3-1-10. (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. Comprehensive lawyer profiles including fees, education, jurisdictions, awards, publications and social media. Repealed by Acts 1977, No. (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. No person shall keep any dog which has been known to kill or worry sheep or other stock without being set upon the same. 90-530, p. 816, 12; Act 2009-636, p. 1949, 1.). (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. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Isn'tit better if dogs run wild and just have fun?" Uh -- no! The rabies officer may be removed from office, for cause, by the county board of health or the State Health Officer. Injury or destruction of dipping vat of another. (5) Dog. Unlawful or malicious killing, injury, etc., of dog of another. General Provisions. 2 - Removal of County Seats, Texas Constitution Art. Hunting and Trapping of Birds and Game. 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. Every municipality with a population over 5,000 in which the county pound is not located shall maintain a suitable pound or contribute their pro rata share to the staffing and upkeep of the county pound. Penalty for dog or cat without tag or certificate. d. Exhibits a sign conspicuously posted upon the pen or the structure containing the following: Dangerous Dog--No Trespassing.. Sess., p. 207, 1.). 3-7A-11. Hogs dying from cholera or any other disease whatsoever shall be burned. 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. 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. 3-7A-7. Contact us. You can explore additional available newsletters here. Repealed by Acts 1977, No. 90-530, p. 816, 8; 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. 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. (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. (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. 3-1-8 . 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. Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. b. (Acts 1990, No. Before you file legal papers, take some time to familiarize yourself with the resouces offered by your local court. 9 sec. Maintenance of pound; notice of impoundment; adoption of animals. 4 - County-Wide Hospital Districts in Certain Large Counties. 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. Replacement of certificate and tag. 3-6-1 . 607, p. 812, 9901, as amended, effective January 1, 1980. At the hearing, the county attorney, municipal attorney, or municipal prosecutor shall present evidence that the dog is dangerous. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (Proposed by Act 2022-117) YES NO S TA EWI DM N 3 Calhoun County District CourtUnlawful Detainer/Eviction Procedures. 90-530, p. 816, 9; Act 2009-636, p. 1949, 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.