Liability of owner for damages done by livestock or animals running at large; judgment lien upon animal or livestock causing damage (Ala. Code 1975 3-5-3), 40-12-111. 3-1-6 . All members of the canine family including dog hybrids. The form must be filled out completely before returning to the Calhoun County Probate Office. Calhoun County District CourtUnlawful Detainer/Eviction Procedures. WILDLIFE MANAGEMENT AREAS. b. Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. Local laws, such as local animal control ordinances, are part of a city and/or county code. ANIMALS. (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. 3-6A-7. Shirley A. Millwood. An injury as defined in Section 13A-1-2. Refusal to permit guide dog to accompany blind person into place of public accommodation, 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. Chapter 7A. Family, Bankruptcy, Business and Divorce. When person deemed lawfully on property of owner of dog. The Petitioner must be a legal resident of Calhoun County and age 19 or older. TITLE 3. Each case varies depending on the situation. 3-7A-6. (2) An animal exempted under subdivision (1) shall be considered unvaccinated by the State Board of Health in the event of the animal's exposure to a confirmed or suspected rabid animal. 383, p. 813, 8; Code 1940, T. 8, 89.). 2023 LawServer Online, Inc. All rights reserved. 3-8-1 . The rabies officer may be removed from office, for cause, by the county board of health or the State Health Officer. Penalty for dog or cat without tag or certificate. (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. Cite this article: FindLaw.com - Alabama Code Title 3. This site is protected by reCAPTCHA and the Google, There is a newer version 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. Injury or destruction of dipping vat of another. 3-7A-16 . Repealed by Acts 1977, No. Liability of owner, etc., for injuries caused by rabid dog. 461, p. 702; Code 1923, 3223; Code 1940, T. 3, 60.). (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. 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. Repealed by Acts 1977, No. 3-1-1. Placement of area under quarantine; additional measures. 3-1-5. (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. Cruelty to animals. 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. (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. When person deemed lawfully on property of owner of dog. Construction with other laws; penalties. 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. 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. (d) If a dog that has not been declared by a court to be dangerous, when unjustified, attacks and causes physical injury 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 B misdemeanor. (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. Sign up for our free summaries and get the latest delivered directly to you. 3-1-5.1. (b) Appointments not made within the prescribed time limits specified in this section shall become the joint prerogative of the State Health Officer and the State Veterinarian after due consultation with the appropriate health officer. (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. Winds NE at 5 to 10 mph. (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. Seized with the teeth so that the skin of the person seized has been gripped, or has been wounded or pierced, resulting in physical injury. (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. Horse show, rodeo, or dog and pony shows (Ala.Code 1975 40-12-111), Chapter 9. The animal control officer shall file a summons for the owner of the dog, if known, with the municipal court or district court. (Acts 1915, No. Birmingham School of Law University of Alabama - Tuscaloosa 11th Circuit, Alabama and Federal Circuit Alabama State Bar. 3-1-14. You already receive all suggested Justia Opinion Summary Newsletters. 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. (f) After confiscation the humane society or other animal welfare agency may make application to the circuit court for a hearing to determine whether any animal seized pursuant to subsection (c) shall be humanely destroyed due to disease, injury or lack of any useful purpose because of training or viciousness. (Acts 1935, No. [ 3-1-15 - 3-1-27 omitted because unrelated to dogs]. (c) Nothing in this chapter shall be construed to restrict the power of any county or municipality to adopt and enforce ordinances or regulations that comply with at least the minimum applicable standards set forth in this chapter. Repealed by Acts 1977, No. (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. (a) For the purposes of this section, the following terms shall have the following meanings: (1) Agricultural work dog. 3-1-29. Even if you plan to work with a lawyer, it's smart to do some research before . 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. LIABILITY OF OWNERS OF DOGS BITING OR INJURING PERSONS. High 59F. At the hearing, the county attorney, municipal attorney, or municipal prosecutor shall present evidence that the dog is dangerous. 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. (Acts 1939, No. Chapter 37A. County rabies officer; application; appointment; term; powers and duties; authority of county board of health. (Code 1867, 1296; Code 1876, 1601; Code 1886, 1379; Code 1896, 421; Code 1907, 2832; Code 1923, 6072; Code 1940, T. 3, 1.). 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. 3. (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. 3-1-3 . 9-11-238. 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. Injury or destruction of dipping vat of another. The owner of the dog, if known, shall be served with a copy of the petition. All members of the domesticated feline (Felis catus) family. 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. 90-530, p. 816, 12; Act 2009-636, p. 1949, 1.). 90-530, p. 816, 7; Act 2009-636, p. 1949, 1.). (5) Dog. 1-A - Authority of Coastal Counties to Regulate Motor Vehicles and Littering On Beaches, Texas Constitution Art. If any dog shall, without provocation, bite or injure any person who is at the time at a place where he or she has a legal right to be, the owner of such dog shall be liable in damages to the person so bitten or injured, but such liability shall arise only when the person so bitten or injured is upon property owned or controlled by the owner of such dog at the time such bite or injury occurs or when such person has been immediately prior to such time on such property and has been pursued therefrom by such dog. 3-1-28. 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. (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. (10) Person. 3-6A-8. Lynne Whitten, Supervisor - Appeals. 3-1-9 . (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. - Repealed by Act 2015-70, 1(12), effective April 21, 2015. (c) For purposes of this section, livestock is defined as equine or equidae, cows, swine, goats, and sheep. (5) Has been exposed. Permitting dog or hog known to kill, etc., sheep, domestic fowl, etc., to run at large. 3-7A-11 . . Isn'tit better if dogs run wild and just have fun?" Uh -- no! Any dog trained to hunt wild game with a handler. (256) 847-3777. (3) Dog. d. Exhibits a sign conspicuously posted upon the pen or the structure containing the following: Dangerous Dog--No Trespassing.. 9-11-306 . 668, p. 1061, 6; Code 1940, T. 8, 110(6).). d. The dangerous dog shall be spayed or neutered. . 3-1-4 . 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. 90-530, p. 816, 14; Act 2009-636, p. 1949, 1.). 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. LawServer is for purposes of information only and is no substitute for legal advice. The surety bond required by subparagraph 1. shall provide coverage for dog bites, injuries, or death caused by the dog. TITLE 9. (8) Impounding officer. 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. Seeing eye dogs shall be included within the meaning of this definition. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. (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. 90-530, p. 816, 8; Act 2009-636, p. 1949, 1.). 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. 3-7A-5 . 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. (Code 1907, 2470; Code 1923, 5678; Code 1940, T. 3, 3.). (Acts 1919, No. 3-1-10 . 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. GENERAL PROVISIONS. CHAPTER 11. 93-719, p. 1406, 1-3; Act 2004-627, p. 1421, 1.). Reasonable costs shall include, but not be limited to, transportation, food, shelter, and care, including veterinary care. (c) The county health department is authorized to promulgate and enforce any reasonable rules and regulations necessary to implement this section. 9-11-305 . 3-7A-2 . Read this complete Alabama Code Title 3. 3-1-11.1. All rights reserved. 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. TITLE 3. Entered active duty in the United States Army . Dummier Young LLC. of 3-1-11. 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. FISH, GAME, AND WILDLIFE. 3-1-8. Penalties for violations of provisions of article, etc. Any person violating this section shall be guilty of a misdemeanor and shall be Destruction of impounded dogs and cats; when authorized; redemption by owner; sale of impounded animals. 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. Rabies Vaccine. (4) Dangerous dog. Animal advocates in the county say the there's no animal control officer to pick. Animals. Alabama law is clear on reporting abuse and neglect of children under the age of 19. Sworn statement; dangerous dog investigation; hearing; procedures. FISH, GAME,AND WILDLIFE. For dogs that haven't been. The State Health Officer or any county health officer as defined in Section 22-3-2, or his or her designee. 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. 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. Has secure sides and a secure top attached at all sides. Phone:(205) 814-1567. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 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. 3-6-1. Repealed by Acts 1977, No. 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. Sess., p. 207, 1.). or persons having such dog or dogs in his or their charge from allowing such dog or Nothing in this chapter shall be construed to repeal other criminal laws. Contact information is as follows: Calhoun County Animal Control 3605 Morrisville Rd Anniston, AL 36201 Phone: 256-241-2929 animalcontrol@calhouncounty.org Feel free to ask any questions you have before hiring a lawyer to make sure you understand what . (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. Chapter 6. 3-1-13. Calhoun County, Alabama. (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. Leash laws; enforcement. Applications shall be provided to the chair of each county board of health during the month of November. 3-1-7 . 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. Activities relating to fighting of dogs prohibited; punishment; confiscation; procedures for disposition of animals. In case the owner of an impounded animal desires to redeem the animal, he or she may do so on the following condition: He or she shall pay for the immunization of the animal and a penalty equal to the minimum fine established in Section 3-7A-6 if a certificate of current immunization cannot be produced, and for the board of the animal for the period for which it was impounded. Jefferson County Municipalities. (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. Chapter 1. Upon the trial, the defendant may prove in mitigation or justification, as the jury may determine, that, at the time of the killing, disabling, disfiguring, destruction or injury, the animal killed, disabled, disfigured, destroyed or injured was trespassing and had within six months previously thereto trespassed upon a growing crop, inclosed by a lawful fence or while such animal was running at large in violation of law. TITLE 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. 3-1-11 . Killing or disabling livestock; penalty. 3-1-5 . 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. Destruction of domesticated species exposed to rabid animal; quarantine as option on recommendation of Department of Public Health. c. Provides adequate ventilation and protection from the elements. b. Please call your County Department of Human Resources or local law enforcement agency to report suspected abuse or neglect. 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. Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. Most courts now offer at least some materials and forms to help you understand and manage your child custody case. 607, p. 812, 9901, as amended, effective January 1, 1980. No such animal shall be burned or buried sufficiently near a residence or residences as to create a nuisance. James Vercell Seal. (Acts 1990, No. Notice of such rules and regulations shall be given by publication 30 days before the effective date. Liability of Owners of Dogs Biting or Injuring Persons; Title 3. (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. 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. 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. Taken into the custody of law enforcement, the county pound, or an animal control authority or provider of animal control services to the municipality or county where the dangerous dog is found. 2. When dogs permitted in areas; liability of owners of dogs at large in areas. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. 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. When dogs permitted in areas; liability of owners of dogs at large in areas. Animals. RABIES VACCINE. 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. Title 45. 3-7A-9 . 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. Nearly every administrationin the country has a leash 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. Alabama law does not make this action a crime, although theft or property damage laws may apply. (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. 3-1-29 . 3-1-9. 90-530, p. 816, 9; Act 2009-636, p. 1949, 1.). ARTICLE 10. (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. 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. 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. 3-7A-9. The compensation of the rabies officer and his or her deputies shall be limited to the fees collected from enforcement of this chapter. The owner of such dog shall, however, be entitled to plead and prove in mitigation of damages that he had no knowledge of any circumstances indicating such dog to be or to have been vicious or dangerous or mischievous, and, if he does so, he shall be liable only to the extent of the actual expenses incurred by the person so bitten or injured as a result of the bite or injury. Calhoun County, AL Attorney. 3-1-8 . 3-8-1. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. You might wonder "Why? Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. 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, 11; Act 2009-636, p. 1949, 1.). Cullman County Animal Control Division Director Tim McKoy said the county has a leash law. 90-530, p. 816, 1; Act 2009-636, p. 1949, 1.). 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. 3-1-29. dogs to accompany such owner or other person or persons elsewhere than on the premises Rabies vaccine required for any canidae or felidae; applicability. (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. View Website View Lawyer Profile Email Lawyer. Before you file legal papers, take some time to familiarize yourself with the resouces offered by your local court. Article 5. 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. Prev Next 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. 9-11-307. b. 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. (4) If the state fails to meet its burden at this forfeiture hearing, the judge shall order the dog immediately returned to the owner or keeper. Box 1511 Montgomery, AL 36102-1511. CALHOUN COUNTY ORDINANCES . Their vote makes the state law applicable to Elmore County. Upon a finding by the court that the seized animals are diseased, injured, or lack any useful purpose due to training or viciousness, it shall be within the authority of the humane society or other animal welfare agency to humanely destroy such animal.
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