Contact us. For the purposes of this chapter, the following words shall have the following meanings: (1) Animal control officer. All owners or custodians of animals which die or are killed in their possession or custody, other than such as are slaughtered for food, within 24 hours shall cause the bodies of such animals to be burned or buried at least two feet below the surface of the ground. A dog, regardless of its breed, that has bitten, attacked, or caused physical injury, serious physical injury, or death to a person without justification, except a dog that is a police animal as defined by Section 13A-11-260, used by law enforcement officials for legitimate law enforcement purposes. (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. Every lawyer is a little different and you may want to find the best family lawyer to address your individual situation. 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. Regulations & Controls | Shelby County, AL - Official Website (256) 403-0521. LawServer is for purposes of information only and is no substitute for legal advice. Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same. Each case varies depending on the situation. 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-10 . (Acts 1990, No. Is capable of being locked with a key or combination lock when the dog is within the structure. 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. 607, p. 812, 9901, as amended, effective January 1, 1980. 3-1-6 . 90-530, p. 816, 1; Act 2009-636, p. 1949, 1.). You might wonder "Why? 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. The compensation of the rabies officer and his or her deputies shall be limited to the fees collected from enforcement of this chapter. (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. Most courts now offer at least some materials and forms to help you understand and manage your child custody case. Penalties for violations of provisions of article, etc. 3-1-14. This is a secure site. or dogs is or are regularly kept. (1) If the court determines that the dog is dangerous and has caused serious physical injury or death to a person, the court shall order the dog to be humanely euthanized by a licensed veterinarian or an authorized animal control official. Calhoun County, AL Family Law Attorney with 13 years of experience. Notice of such rules and regulations shall be given by publication 30 days before the effective date. 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. In Alabama, Calhoun County is ranked 50th of 67 counties in Courts per capita, and 9th of 67 counties in Courts per square mile. 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. (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. 3-1-28. Get Help With Alabama Child Custody. 9 sec. Penalty for dog or cat without tag or certificate. 1. 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. Keeping of dogs in certain vacant lots. View Website View Lawyer Profile Email Lawyer. 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. 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. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Burial or burning of bodies of dead animals generally; burning of hogs dying from cholera, etc. (Code 1867, 1296; Code 1876, 1601; Code 1886, 1379; Code 1896, 421; Code 1907, 2832; Code 1923, 6072; Code 1940, T. 3, 1.). WILDLIFE MANAGEMENT AREAS. dogs to accompany such owner or other person or persons elsewhere than on the premises Repealed by Act 2015-70, 1(12), effective April 21, 2015. Calhoun County, AL Family Law Attorney. (Acts 1990, No. 3-7A-13. 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. (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. [ 3-1-15 - 3-1-27 omitted because unrelated to dogs]. (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. 3-1-1. Animals 3-1-5 - last updated January 01, 2019 (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. 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. 9-11-305. Liability of Owners of Dogs Biting or Injuring Persons; Title 3. 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. Birmingham School of Law University of Alabama - Tuscaloosa 11th Circuit, Alabama and Federal Circuit Alabama State Bar. [Link to page for provisions for Chilton County only (Ala.Code 1975 45-11-172 - 172.08)]. Jefferson County Municipalities. For community cats, the inclusion or omission of just a few words in these laws can be the difference between life and death. b. (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. b. 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. Section 3-1-5 - Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. 3-7A-11. (3) Bitten. (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. You're all set! 9 sec. (Acts 1990, No. LIABILITY OF OWNERS OF DOGS BITING OR INJURING PERSONS. TITLE 3. TITLE 9. (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. (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. 3-6A-4. Residents in Alabama, home to many pecan and oak trees, can recover additional damages if someone deliberately damages their tree. Comprehensive lawyer profiles including fees, education, jurisdictions, awards, publications and social media. Kim McCarson, Circuit Clerk. GENERAL PROVISIONS. Alabama Code 45-49-170.03. Leash laws; enforcement 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. Ala. Code 1975 3-1-1 - 29; 3-6-1 - 4; 3-6A-1 - 8; 3-7A-1 - 16; 3-8-1; 9-11-305 - 307; 9-11-238; 45-37A-53.01, AL ST 3-1-1 - 29; 3-6-1 - 4; 3-6A-1 - 8; 3-7A-1 - 16; 3-8-1; 9-11-305 - 307; 9-11-238; 45-37A-53.01. Leash laws; enforcement. Repealed by Acts 1977, No. 3-1-8. 3-7A-13 . There are 7 Courts in Calhoun County, Alabama, serving a population of 115,527 people in an area of 606 square miles. When dogs permitted in areas; liability of owners of dogs at large in areas. Section 3-1-5 Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. All members of the domesticated feline (Felis catus) family. The Petitioner must be a legal resident of Calhoun County and age 19 or older. ANIMAL. (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. Chapter 37A. Shirley A. Millwood. Maintenance of pound; notice of impoundment; adoption of animals. 90-530, p. 816, 10; Act 2009-636, p. 1949, 1.). 1975-01 - Ordinance Regulating The Erection, Construction And Enlargement, . Sterilization of Dogs and Cats. (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. Dogs are considered vicious that have bitten or have threatened to bite persons. Certificates not complying with the provisions of this section, or certificates issued by those persons unauthorized to administer rabies vaccine, shall not be valid. A signed paper copy of the certificate prescribed herein shall be delivered to the owner of the animal immunized. CONSERVATION AND NATURAL RESOURCES. TITLE 3. View Lawyer Profile. 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. Local laws, such as local animal control ordinances, are part of a city and/or county code. Stay up-to-date with how the law affects your life. Animals. (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. 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. Attorney Ratings. 90-530, p. 816, 2; Act 2009-636, p. 1949, 1.). Rabies vaccine required for any canidae or felidae; applicability. CALHOUN COUNTY, ALABAMA NOVEMBER 8, 2022 ABSENTEE OFFICIAL BALLOT BALLOT STYLE - 1 GENERAL AND CONSTITUTIONAL AMENDMENT ELECTION CALHOUN COUNTY, ALABAMA . 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. Name Changes - Calhoun County, Alabama 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. Animal advocates in the county say the there's no animal control officer to pick. (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. 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. 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. ANIMALS. County rabies officer; application; appointment; term; powers and duties; authority of county board of health. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. 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. 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. ARTICLE 10. Residents address commission regarding "leash law" ordinance State Building Code - Alabama At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 82- 626, p. 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. (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. CHAPTER 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. High 59F. (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). . 2 - Removal of County Seats, Texas Constitution Art. 90-530, p. 816, 14; Act 2009-636, p. 1949, 1.). (2) Hunting dog. Replacement of certificate and tag. 3-7A-11 . (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. After hearing from residents, the county commission approved the leash law. Courts in Calhoun County, Alabama. Animal Control - Calhoun County, Alabama Birmingham School of Law and Thomas Goode Jones School of Law, Faulkner University Jacksonville State University and Gadsden State Community College Alabama. 3-1-3. Chance of rain 80%.. . (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. 3-7A-6 . 3-7A-16. 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. Lynne Whitten, Supervisor - Appeals. (b) Whenever the State Health Officer or local health authorities are convinced that the situation is conducive to the spread of rabies, additional measures may be imposed as are deemed necessary to prevent the spread of rabies among dogs, cats, and other animals. Please be assured that your information will remain confidential and will not be shared. 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. CONSERVATION AND NATURAL RESOURCES. Activities relating to fighting of dogs prohibited; violations; confiscation; procedures for disposition of animals; bond for the care of seized dog; forfeiture. Winds NE at 5 to 10 mph. Local Laws Alabama Code Title 45. When person deemed lawfully on property of owner of dog. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. (6) Impounded. (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. CHAPTER 11. (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. Destruction of impounded dogs and cats; when authorized; redemption by owner; sale of impounded animals. (b) It shall be unlawful and in violation of the provisions of this chapter for any person to import, receive, sell, offer for sale, barter, or exchange animal rabies vaccine, other than antirabies vaccine intended for human use, to anyone except a duly licensed veterinarian. Killing or disabling livestock; penalty. Title 3. Relation to Volunteer Service Act. (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. Nothing in this chapter shall be construed to repeal other criminal laws. (Acts 1919, No. Any person violating this section shall be guilty of a misdemeanor and shall be fined not less than $2.00 nor more than $50.00. All members of the canine family including dog hybrids. 3-7A-8. 477, p. 541; Code 1923, 6073; Code 1940, T. 3, 2.). (2) The sworn statement shall be delivered to an animal control officer who shall complete a dangerous dog investigation. Council Schedule. 2023 Michigan State University College of Law. (Acts 1990, No. 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. 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. (10) Person. 3-1-7 . James Vercell Seal. An agent of a county or municipality vested with impounding authority for animals covered under this chapter.