3-1-5.1. Lynne Whitten, Supervisor - Appeals. Each case varies depending on the situation. The surrender shall not be considered a presumption of guilt. 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 - Repealed by Act 2015-70, 1(12), effective April 21, 2015. 90-530, p. 816, 5; Act 2009-636, p. 1949, 1.). Graduated from Cumberland School of Law, Birmingham, Alabama in 1994. 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. 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. Construction and application of chapter. Alabama/ Title 45. Calhoun County, AL Family Law Attorney. this Section. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 3-7A-16. 3-1-14. Animals. Calhoun County, AL Attorney. Calhoun County, Alabama. Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same. 3. Repealed by Acts 1977, No. (a) Every person owning or having in charge any dog or dogs shall at all times confine Please verify the status of the code you are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. 3-1-13 . Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same. Kim McCarson, Circuit Clerk. Liability of owner, etc., for injuries caused by rabid dog. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Proof of trespassing by animal in mitigation or justification of offense; tender of compensation. (3) Bitten. CHAPTER 6. 3-6-2. (10) Serious physical injury. (5) Has been exposed. 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. (e) Instructions for the quarantine of the offending animal shall be delivered in person or by telephone or facsimile to the owner by the health officer or his or her authorized agent. Chapter 37A. Alexandria, AL 36250. (Acts 1990, No. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. (8) Physical injury. 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. (a) The county board of health shall nominate annually one duly licensed veterinarian from each county within the state for the position of rabies officer. Rabies Vaccine. Winds NE at 5 to 10 mph. 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. fined not less than $2.00 nor more than $50.00. Any judicial determination in municipal court or district court that a dog is dangerous may be appealed to the circuit court pursuant to the requirements of the Alabama Rules of Civil Procedure and the order of the circuit court shall be final. 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. Nearly every administrationin the country has a leash law. ANIMALS. 3-6A-6. Comprehensive lawyer profiles including fees, education, jurisdictions, awards, publications and social media. Permitting dog or hog known to kill, etc., sheep, domestic fowl, etc., to run at large. 90-530, p. 816, 7; Act 2009-636, p. 1949, 1.). (Acts 1990, No. 3-1-4. (c) The period of quarantine for animals other than domesticated dogs, cats, and ferrets which have bitten or exposed a human being shall be determined by the Alabama Department of Public Health upon consultation with the U.S. Public Health Service. The sheriff and his or her deputies in each county and the police officers in each incorporated municipality shall be aides, and are hereby instructed to cooperate with the rabies officer in carrying out the provisions of this chapter. Sess., No. The certificate shall be dated and signed by the person authorized to administer the vaccine. (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. 3-7A-8 . (2) For amusement or gain, to cause any dog to fight with another dog, or cause any dogs to injure each other. Alabama Code 45-49-170.03. The Petitioner must be a legal resident of Calhoun County and age 19 or older. 3-1-8 . Nothing in this section shall prevent the owner of any dog or dogs or other person or persons having such dog or dogs in his or their charge from allowing such dog or dogs to accompany such owner or other person or persons elsewhere than on the premises on which such dog or dogs is or are regularly kept. 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. Unlawful or malicious killing, injury, etc., of dog of another. The surety bond required by subparagraph 1. shall provide coverage for dog bites, injuries, or death caused by the dog. Contact information is as follows: Calhoun County Animal Control 3605 Morrisville Rd Anniston, AL 36201 Phone: 256-241-2929 animalcontrol@calhouncounty.org . All members of the domesticated canine (Canis familiaris) family. 3-1-7 . Birmingham School of Law and Thomas Goode Jones School of Law, Faulkner University. (a) For the purposes of this section, the following terms shall have the following meanings: (1) Agricultural work dog. Relation to Volunteer Service Act. Chapter 1. (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. TITLE 9. Sterilization of Dogs and Cats. Animals 3-1-6 on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. b. 3-1-9. Title 45. CALHOUN COUNTY ORDINANCES . Cullman County Animal Control Division Director Tim McKoy said the county has a leash law. Contact us. (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. 3-7A-8. 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. (Acts 1990, No. Prev Next or dogs is or are regularly kept. b. (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. Injury or destruction of dipping vat of another. Alabama Property Line and Fence Laws at a Glance Residents in Alabama, home to many pecan and oak trees, can recover additional damages if someone deliberately damages their tree. Local Laws. 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. RABIES VACCINE. Maintenance of pound; notice of impoundment; adoption of animals. 3-7A-13 . 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. Jefferson County Municipalities. 1180.). (b) This section shall not apply to the running at large of any dog or dogs within [Link to page for provisions for Chilton County only (Ala.Code 1975 45-11-172 - 172.08)]. 383, p. 813, 8; Code 1940, T. 8, 89.). (Acts 1939, No. Government, Calhoun County, Alabama. (5) Dog. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. | https://codes.findlaw.com/al/title-3-animals/al-code-sect-3-1-5/. Rabies vaccine required for any canidae or felidae; applicability. Get Help With Alabama Child Custody. (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 dangerous dog shall be microchipped. . Please call your County Department of Human Resources or local law enforcement agency to report suspected abuse or neglect. 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. (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. Birmingham School of Law University of Alabama - Tuscaloosa 11th Circuit, Alabama and Federal Circuit Alabama State Bar. 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. Destruction of impounded dogs and cats; when authorized; redemption by owner; sale of impounded animals. Health and Environment. Burial or burning of bodies of dead animals generally; burning of hogs dying from cholera, etc. 518, p. 1242; Act 99-698, 2nd Sp. 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. ABA Votes To Keep Admission Tests Requirement (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. All members of the domesticated feline (Felis catus) family. Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. Hunting, etc., of wild turkeys with dogs. TITLE 3. Destruction of domesticated species exposed to rabid animal; quarantine as option on recommendation of Department of Public Health. Mayor 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. Placement of area under quarantine; additional measures. 3-1-10 . 90-530, p. 816, 11; Act 2009-636, p. 1949, 1.). Has secure sides and a secure top attached at all sides. Vaccinated dogs, cats, and ferrets may be authorized to be quarantined in the home of the owner of the animal by the appropriate health officer. (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. Calhoun County Circuit Clerk's Office. No person shall keep any dog which has been known to kill or worry sheep or other stock without being set upon the same. (3) To permit any act in violation of subdivisions (1) and (2) of this subsection. Council Schedule. 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. At the hearing, the county attorney, municipal attorney, or municipal prosecutor shall present evidence that the dog is dangerous. (h) The court hearing shall be held as soon as practicable. (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. Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. (Code 1876, 4405; Code 1886, 4171; Code 1896, 5591; Code 1907, 6236; Code 1923, 3219; Code 1940, T. 3, 4.). 3-7A-6 . (Ala. Code 1975 3-1-29), 3-5-3. 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. 3-6-1 . (11) Quarantine for rabies observation. 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. All members of the ferret (Mustela putorius furo) family. County rabies officer; application; appointment; term; powers and duties; authority of county board of health. Activities relating to fighting of dogs prohibited; violations; confiscation; procedures for disposition of animals; bond for the care of seized dog; forfeiture. (Proposed by Act 2022-117) YES NO S TA EWI DM N 3 Article 8. Calhoun County uses the latest encryption technology to safeguard information entered into the system. (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. 1. review. Any person, who unlawfully, wantonly or maliciously kills, disables, disfigures, destroys or injures any animal or article or commodity of value which is the property of another must, on conviction, be fined not less than twice the value of the injury or damage to the owner of the property nor more than $1,000.00 and may also be imprisoned in the county jail, or sentenced to hard labor for the county for not more than six months, and so much of the fine as may be necessary to repair the injury or loss shall go to the party injured. 3-8-1. Pell City does have a leash law, a vicious animal ordinance, and requires owners to be in control of their pets at all times. 3-1-5 . Individuals, firms, partnerships, and associations. 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). Rain. Alabama: Calhoun County Circuit Court 25 W 11th St, Anniston, AL 36201 Phone: (256) 231-1750. Dogs are considered vicious that have bitten or have threatened to bite persons. The administration of rabies vaccine to species other than those for which reliable immunization data is available shall be a violation of this chapter. 3-1-15 - 3-1-27 omitted because unrelated to dogs. 3-7A-5. 9 sec. 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. (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. The best way to find an experienced family law attorney in Calhoun County, Alabama is to talk to the law office about your needs. (256) 235-3863. Leash laws; enforcement LawServer. 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. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. (Acts 1915, No. (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. 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. No owner, lessee, proprietor, manager, superintendent, agent, or employee of any place of public accommodation, amusement or recreation, including, but not limited to, any inn, hotel, restaurant, eating establishment, barbershop, billiard parlor, store, public conveyance, theater, motion-picture house, public educational institution, or elevator shall refuse to permit a guide dog to accompany a blind person entering the place or making use of the accommodations available when the blind person is being led by the guide dog; if the guide dog is wearing a harness; and the blind person presents for inspection credentials issued by an accredited school for training guide dogs or the dog is being trained by a person employed by an accredited school for training guide dogs. When person deemed lawfully on property of owner of dog. d. The dangerous dog shall be spayed or neutered. Compare 46 attorneys in Calhoun County, Alabama on Justia. Section 3-1-5 Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. 3-1-6 . No such animal shall be burned or buried sufficiently near a residence or residences as to create a nuisance. 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. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. This site is not a law firm and cannot offer legal advice. (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. (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. Birmingham School of Law and Thomas Goode Jones School of Law, Faulkner University Jacksonville State University and Gadsden State Community College Alabama. (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. 9-11-306. 3-1-4 . (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. Local laws, such as local animal control ordinances, are part of a city and/or county code. Nothing in this section shall prevent the owner of any dog or dogs or other person Liability of Owners of Dogs Biting or Injuring Persons; Title 3. 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. (Acts 1967, No. 3-1-11 . 3-7A-11 . TITLE 9. 1-A - Authority of Coastal Counties to Regulate Motor Vehicles and Littering On Beaches, Texas Constitution Art. 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. 3-1-29. An injury as defined in Section 13A-1-2(12). 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. (Acts 1982, No. 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. 185, p. 259; Code 1923, 3221; Code 1940, T. 3, 5.). Their vote makes the state law applicable to Elmore County. Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. 607, p. 812, 9901, as amended, effective January 1, 1980. 9 sec. How to Find Sex Offender Information. 90-530, p. 816, 9; Act 2009-636, p. 1949, 1.). 3-1-5. (e) An appointed veterinarian or officer of the humane society or other animal welfare agency may upon delivery or at any time thereafter destroy the animal that is in his or her opinion injured, diseased past recovery, or whose continued existence is inhumane and destruction is necessary to relieve pain or suffering. Is capable of being locked with a key or combination lock when the dog is within the structure. (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. Law Firm Website Law Firm Profile. (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. ANIMALS. FISH, GAME, AND WILDLIFE. Dogs and cats to be immunized; certificate; validity; to whom sale, etc., of vaccine may be made. 3-7A-2 . 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. 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. 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. Hunting and Trapping of Birds and Game. 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. Animal advocates in the county say the there's no animal control officer to pick. 90-530, p. 816, 10; Act 2009-636, p. 1949, 1.). Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. County rabies officer; application; appointment; term; powers and duties; authority of county board of health. (2) If the owner or keeper presents sufficient evidence for the judge presiding over the hearing to determine that the owner or keeper is indigent, the owner or keeper may be relieved of the requirement to post a bond or deposit funds with the clerk of the court and may be relieved of the forfeiture provision under subdivision (1). (4) Ferret. Do not send reports of suspected abuse or neglect via email. The State Health Officer or any county health officer as defined in Section 22-3-2, or his or her designee. 607, p. 812, 9901, as amended, effective January 1, 1980. 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. The bond extension shall be considered in accordance with the procedures set forth in subsection (g). Courts in Calhoun County, Alabama. Reasonable costs shall include, but not be limited to, transportation, food, shelter, and care, including veterinary care. For the purposes of this chapter, the following words shall have the following meanings: (1) Animal control officer. Read this complete Alabama Code Title 3. TITLE 3. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. (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. broadband infrastructure by state law to public or private entities for providing or expanding broadband infrastructure. (256) 403-0521. 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.
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