The owner of any dog or cat found not wearing the evidence of current immunization as provided herein or for which no certificate of current immunization can be produced, and which is apprehended by an officer or other person charged with the enforcement of this chapter, shall forthwith be subject to a penalty to be imposed by the rabies officer not to exceed an amount equal to twice the state approved charge for immunization, in addition to the fee heretofore prescribed for immunization. ; failure to burn or bury dead animal, etc. (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. 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. (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. (j) It shall be presumed that a dog is not a dangerous dog pursuant to this chapter if the dog was on property owned by the owner of the dog when the event subject to a claim under this chapter occurred or if the victim was trespassing on any property when the event subject to a claim under this chapter occurred. 3-1-13 . 3-6-1 . Animals. 3-1-8 . 90-530, p. 816, 10; Act 2009-636, p. 1949, 1.). Phone:(205) 814-1567. Rabies vaccine required for any canidae or felidae; applicability. You might wonder "Why? Lynne Whitten, Supervisor - Appeals. Please be assured that your information will remain confidential and will not be shared. (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. (Acts 1919, No. Every lawyer is a little different and you may want to find the best family lawyer to address your individual situation. (Code 1907, 2471; Code 1923, 5679; Code 1940, T. 3, 6.). 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. 9-11-307. This site is not a law firm and cannot offer legal advice. Killing or disabling livestock; penalty. (d) Nothing in this chapter shall be construed to require any county or municipality to employ or make available an animal control officer. ANIMALS. Hunting and Trapping of Birds and Game. (Acts 1990, No. b. Contact information is as follows: Calhoun County Animal Control 3605 Morrisville Rd Anniston, AL 36201 Phone: 256-241-2929 animalcontrol@calhouncounty.org 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. A licensed veterinarian and his or her assistants, whether compensated by fee or otherwise or not compensated, when assisting the county rabies officer at any officially designated rabies vaccination clinic shall be considered a volunteer for the purpose of Section 6-5-336. Placement of area under quarantine; additional measures. e. The enclosure shall be constructed to allow the dog to stand normally and without restriction and shall be not less than four times the length of the dog and two times the width of the dog. Winds NE at 5 to 10 mph. 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. Destruction of impounded dogs and cats; when authorized; redemption by owner; sale of impounded animals. (7) Immunization against rabies. 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. Repealed by Acts 1977, No. Contact the AL Dept. 1975-01 - Ordinance Regulating The Erection, Construction And Enlargement, . Calhoun County Circuit Clerk's Office. (2) In lieu of the investigation, the owner of the alleged dangerous dog may consent to the dog being humanely euthanized. Family, Bankruptcy, Business and Divorce. 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. (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. Burial or burning of bodies of dead animals generally; burning of hogs dying from cholera, etc. (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. (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. 3-1-28 . (8) Physical injury. (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. (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. (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). Originally called the Alabama Court Clerk's Association, the group was established in 1991. (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. Section 3-1-5 - Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. General Provisions. (g) An owner of a dog that is the subject of a dangerous dog investigation who refuses to surrender the dog to an animal control officer or law enforcement officer, upon the request of the animal control officer or law enforcement officer, shall be guilty of a Class C misdemeanor. 9 sec. b. Alabama law does not make this action a crime, although theft or property damage laws may apply. or persons having such dog or dogs in his or their charge from allowing such dog or Penalty for dog or cat without tag or certificate. Unauthorized access or use is not permitted and constitutes a crime punishable by law. Destruction of certain abandoned animals by members, etc., of societies for prevention of cruelty to animals. Compare 46 attorneys in Calhoun County, Alabama on Justia. 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. Any agent, officer or member of a duly incorporated society for the prevention of cruelty to animals may lawfully destroy or cause to be destroyed any animal found abandoned and not properly cared for which may appear, in the judgment of two reputable citizens called by him to view the same in his presence, to be superannuated, infirm, glandered, injured or diseased past recovery for any useful purpose. 607, p. 812, 9901, as amended, effective January 1, 1980. 3-1-3. (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 LeashLaw is one that prohibits dog owners from letting their dogs run loose,meaning dogs must always be confined or leashed. 185, p. 259; Code 1923, 3221; Code 1940, T. 3, 5.). There are 7 Courts in Calhoun County, Alabama, serving a population of 115,527 people in an area of 606 square miles. Aggressive physical contact by a dog. Each case varies depending on the situation. Activities relating to fighting of dogs prohibited; violations; confiscation; procedures for disposition of animals; bond for the care of seized dog; forfeiture. fined not less than $2.00 nor more than $50.00. (c) Any dog used to fight other dogs in violation of subsection (a) of this section shall be confiscated as contraband by the sheriff or other law enforcement officers and shall not be returned to the owner, trainer, or possessor of the dog. Dogs and cats to be immunized; certificate; validity; to whom sale, etc., of vaccine may be made. 3-7A-11 . 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. WILDLIFE MANAGEMENT AREAS. on which such dog or dogs is or are regularly kept. The administration of rabies vaccine to species other than those for which reliable immunization data is available shall be a violation of this chapter. In lieu of printed certificates, licensed veterinarians may elect to utilize electronically generated and maintained certificates if the certificates contain substantially the same information as required above. When 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. Repealed by Acts 1977, No. (2) Attack. (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. 3-1-11.1. All rights reserved. (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. 2 - Removal of County Seats, Texas Constitution Art. . 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. 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. 3-1-9 . All members of the domesticated feline (Felis catus) family. (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. (Acts 1990, No. Mayor 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. 90-530, p. 816, 7; Act 2009-636, p. 1949, 1.). (4) At the end of the time for which expenses are covered by the bond or deposit of funds, if the owner or keeper fails to post a new bond or deposit new funds with the clerk of the court, which must be received before the expiration date of the previous bond or deposit of funds, then the dog shall be forfeited by operation of law. (Code 1867, 1296; Code 1876, 1601; Code 1886, 1379; Code 1896, 421; Code 1907, 2832; Code 1923, 6072; Code 1940, T. 3, 1.). 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. 3-1-2. 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. (Acts 1967, No. Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same. Destruction of impounded dogs and cats; when authorized; redemption by owner; sale of impounded animals. Activities relating to fighting of dogs prohibited; punishment; confiscation; procedures for disposition of animals. In that instance, a new certificate marked duplicate may be issued and distributed according to Section 3-7A-2. Contact us. 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. TITLE 3. Animals. FISH, GAME,AND WILDLIFE. Title 3. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. the same has been adopted by the county commission of such county. 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. (Proposed by Act 2022-117) YES NO S TA EWI DM N 3 3-1-7. 9-11-305 . It requires dogs be confined to owner's property. (Acts 1990, No. (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. Sess., No. Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. Section 3-1-5 Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. 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. After hearing from residents, the county commission approved the leash law. Destruction of certain abandoned animals by members, etc., of societies for prevention of cruelty to animals. 3-7A-2. Read this complete Alabama Code Title 3. The State Health Officer or any county health officer as defined in Section 22-3-2, or his or her designee. Those members of the canine family maintained by governmental agencies for exclusive use in official duties assigned to those agencies. (7) Owner. Law Firm Website Law Firm Profile. (Code 1876, 4405; Code 1886, 4171; Code 1896, 5591; Code 1907, 6236; Code 1923, 3219; Code 1940, T. 3, 4.). 93-719, p. 1406, 1-3; Act 2004-627, p. 1421, 1.). (256) 235-3863. (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. Rabies; Title 3. 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. 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. Activities relating to fighting of dogs prohibited; violations; confiscation; procedures for disposition of animals; bond for the care of seized dog; forfeiture. 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. (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. Relation to Volunteer Service Act. dogs to accompany such owner or other person or persons elsewhere than on the premises 2nd Monday of each Month 5:30 P.M Work . Injury or destruction of dipping vat of another. Shirley A. Millwood. 90-530, p. 816, 14; Act 2009-636, p. 1949, 1.). Criminal Defense Lawyers Serving Calhoun County, AL (Gardendale) Additional Office Locations. 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. 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. 3-6A-8. 9-11-306 . 3-7A-5 . (g) After confiscation, any entity holding a dog confiscated pursuant to this section may make application to the circuit court for issuance of an order requiring the owner or keeper of the dog to post a bond or deposit funds with the clerk of the court to cover the reasonable costs of the seizure, care, keeping, and the possible disposal of the dog. You already receive all suggested Justia Opinion Summary Newsletters. Calhoun County, AL Family Law Attorney with 13 years of experience. Sworn statement; dangerous dog investigation; hearing; procedures. 668, p. 1061, 6; Code 1940, T. 8, 110(6).). 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. Unlawful or malicious killing, injury, etc., of dog of another. (2) For amusement or gain, to cause any dog to fight with another dog, or cause any dogs to injure each other. c. The animal control officer shall send a copy of the investigation report to the county attorney, municipal attorney, or municipal prosecutor. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. No person shall keep any dog which has been known to kill or worry sheep or other stock without being set upon the same. LawServer is for purposes of information only and is no substitute for legal advice. 1. Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. (c) The county health department is authorized to promulgate and enforce any reasonable rules and regulations necessary to implement this section. At his or her discretion, the impounding officer may provide for adoption of any animal not redeemed or claimed or otherwise disposed of, to any person desiring the animal, if the person complies with all the provisions of this chapter. Impoundment of dogs; redemption or destruction of impounded dogs. 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. County rabies officer; application; appointment; term; powers and duties; authority of county board of health. (5) The entity holding the dog confiscated pursuant to this section shall be entitled to draw on any bond posted or funds deposited to cover the actual costs incurred in the seizure, care, keeping, and the possible disposal of the dog. 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. Penalty for dog or cat without tag or certificate. (Acts 1993, No. 607, p. 812, 9901, as amended, effective January 1, 1980. Alabama law is clear on reporting abuse and neglect of children under the age of 19. (3) Bitten. 9 sec. 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. 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. Dogs and cats to be immunized; certificate; validity; to whom sale, etc., of vaccine may be made. (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. (Code 1896, 422; Code 1907, 2833; Code 1923, 6074; Code 1940, T. 3, 7.). Alabama Code 45-49-170.03. (11) Quarantine for rabies observation. 3-1-5. The form must be filled out completely before returning to the Calhoun County Probate Office. Article 5. 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. ; failure to burn or bury dead animal, etc.
Idaho High School Football Records,
Milford, Ma Patch Police Log,
How Much Does A Funko Pop Weigh In Kg,
West Wing Actors On Psych,
Articles C