the same has been adopted by the county commission of such county. 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. Stay up-to-date with how the law affects your life. 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. 3-1-12 . Any person employed by a county or municipality who performs animal control functions or any person who performs animal control functions who is employed by an entity under agreement or contract with a county or municipality to perform animal control functions or to enforce this chapter. Get Help With Alabama Child Custody. If the owner of an impounded animal is known, the owner shall be given direct notice of the impoundment. (a) In any city with a population of 300,000 inhabitants or more, according to the 1970 or any subsequent federal decennial census, no person shall put any dog or dogs in a vacant lot which is not adjacent or contiguous to his or her residence. You can explore additional available newsletters here. 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. 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. (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. 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. Please call your County Department of Human Resources or local law enforcement agency to report suspected abuse or neglect. (4) Dangerous dog. FISH, GAME, AND WILDLIFE. 9 sec. Article 5. 3-1-11.1. Rabies Vaccine. 93-719, p. 1406, 1-3; Act 2004-627, p. 1421, 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. Alabama/ Title 45. Permitting dog or hog known to kill, etc., sheep, domestic fowl, etc., to run at large. Back to Top Alaska Leash Law ; failure to burn or bury dead animal, etc. Burial or burning of bodies of dead animals generally; burning of hogs dying from cholera, etc. 4 - County-Wide Hospital Districts in Certain Large Counties. Local Laws Alabama Code Title 45. Repealed by Acts 1977, No. (b) A local law requiring a dog to be kept on a leash or otherwise restrained does not apply to an agricultural work dog at any time while the dog is engaged in agricultural work or a hunting dog at any time while the dog is engaged in hunting wild game. Part 4. b. Any person violating this section, whether by failure to burn or bury an animal dying or being killed in his possession or by causing the same to be burned in such proximity to a dwelling or in such other way as to become a nuisance shall be guilty of a misdemeanor and, on conviction, shall be fined not more than $50.00. Title 3. 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. (8) Physical injury. 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 1876, 4411; Code 1886, 3871; Code 1896, 5092; Code 1907, 6231; Code 1923, 3213; Code 1940, T. 3, 10.). (4) Ferret. (5) Has been exposed. At the hearing, the county attorney, municipal attorney, or municipal prosecutor shall present evidence that the dog is dangerous. (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. 84-796, p. 206; Act 2011-542, 1.). 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. (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. The owner shall be required to obtain a surety bond of at least one hundred thousand dollars ($100,000) and shall provide proof to the court or animal control office. Title 45. Any animal found by the court not to be diseased, injured, or lacking any useful purpose due to training or viciousness shall be delivered to a court-approved private veterinarian or a private housing facility under the supervision of a veterinarian. (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. (e) A copy of all investigations made pursuant to this section shall be kept on file in the animal control office or sheriff's office. . Family, Bankruptcy, Business and Divorce. LIABILITY OF OWNERS OF DOGS BITING OR INJURING PERSONS. (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. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. 2nd Monday of each Month 5:30 P.M Work . This chapter is known and may be cited as Emilys Law. (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. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. Even if you plan to work with a lawyer, it's smart to do some research before . ABA Votes To Keep Admission Tests Requirement (Code 1852, 186, 191; Code 1867, 3733, 3738; Code 1876, 4408, 4420; Code 1886, 3869; Code 1896, 5090, 5091; Code 1907, 6230; Code 1923, 3212; Code 1940, T. 3, 9; Acts 1982, No. 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. 3-6A-8. Ordinances often include sections on animal cruelty, ownership, at-large regulations, mandatory spay/neuter, and cat licensing. Is capable of being locked with a key or combination lock when the dog is within the structure. High 59F. (i) At any time, if a dog is confiscated pursuant to this section, the state or entity holding the dog may file a petition with the circuit court seeking civil forfeiture of the seized dog. Cullman, AL (35055) Today. 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. Destruction of impounded dogs and cats; when authorized; redemption by owner; sale of impounded animals. (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. How to Find Sex Offender Information. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. 9-11-307. (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). General Provisions. 3-1-28. 3-7A-2. This site is protected by reCAPTCHA and the Google, There is a newer version There are 7 Courts in Calhoun County, Alabama, serving a population of 115,527 people in an area of 606 square miles. (Acts 1990, No. Cite this article: FindLaw.com - Alabama Code Title 3. Sess., No. 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. Repealed by Act 2015-70, 1(12), effective April 21, 2015. Birmingham. For the purposes of this chapter, the following words shall have the following meanings: (1) Animal control officer. (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. Current as of January 01, 2019 | Updated by FindLaw Staff. After hearing from residents, the county commission approved the leash law. 90-530, p. 816, 7; Act 2009-636, p. 1949, 1.). No person shall keep any dog which has been known to kill or worry sheep or other stock without being set upon the same. 3-1-10. There is 1 Court per 16,503 people, and 1 Court per 86 square miles. 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. - Repealed by Act 2015-70, 1(12), effective April 21, 2015. Where there is no local authority having jurisdiction (AHJ), the default code enforcement is by the State Fire Marshal. Placement of area under quarantine; additional measures. The court shall set a hearing date not more than 30 days from the filing of the application and shall give notice of the same to the owners of the animals. Or perhaps, the lack of animal control. (b) This section shall not apply to the running at large of any dog or dogs within (2) In lieu of the investigation, the owner of the alleged dangerous dog may consent to the dog being humanely euthanized. Attorney Ratings. 3-1-8 . 3-6A-7. (Acts 1990, No. 3-7A-16. 3-1-29 . 3-7A-16 . 90-530, p. 816, 14; Act 2009-636, p. 1949, 1.). (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. There's a simmering controversy in Calhoun County over animal control. Jefferson County Municipalities. Rabies vaccine required for any canidae or felidae; applicability. (9) Proper enclosure of a dangerous dog. 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. 3-1-29. 90-530, p. 816, 1; Act 2009-636, p. 1949, 1.). (Code 1876, 4405; Code 1886, 4171; Code 1896, 5591; Code 1907, 6236; Code 1923, 3219; Code 1940, T. 3, 4.). 3-7A-8 . TITLE 3. In Alabama, Calhoun County is ranked 50th of 67 counties in Courts per capita, and 9th of 67 counties in Courts per square mile. (a)(1) When a person claims that a dog is dangerous, the person shall make a sworn statement before a city magistrate or sheriff setting forth the name of the dog owner, if known, the location where the dog is being kept in the city or county, and the reason he or she believes the dog to be dangerous. (Acts 1990, No. It requires dogs be confined to owner's property. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. Rain. 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. (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. Evidence of immunization shall consist of a printed certificate furnished by the Alabama Department of Public Health, upon which shall be legibly inscribed: A description of the animal; its age, color, sex, breed, and tattoo identification, if any; the name and address of the owner; the lot number and type of vaccine used (modified live virus, inactivated virus); the name of the manufacturer, the amount of vaccine injected, and the date after which the animal is no longer considered vaccinated; and a serially numbered tag bearing the same number and year as that of the certificate. CONSERVATION AND NATURAL RESOURCES. or persons having such dog or dogs in his or their charge from allowing such dog or All members of the domesticated feline (Felis catus) family. (Code 1907, 2471; Code 1923, 5679; Code 1940, T. 3, 6.). 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. 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). Alabama Leash Law Dogs are not permitted to run at large in Alabama. b. 3-1-10 . Council Schedule. broadband infrastructure by state law to public or private entities for providing or expanding broadband infrastructure. (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. Destruction of certain abandoned animals by members, etc., of societies for prevention of cruelty to animals. Government, Calhoun County, Alabama. More than 40 people attended the hearing, which started at 5 p.m. in the commission room at the Chilton County Courthouse. The Petitioner must be a legal resident of Calhoun County and age 19 or older. 3-8-1 . 607, p. 812, 9901, as amended, effective January 1, 1980. Animals. Animals. 9-11-305 . Hunting and Trapping of Birds and Game. 461, p. 702; Code 1923, 3223; Code 1940, T. 3, 60.). Permitting dog or hog known to kill, etc., sheep, domestic fowl, etc., to run at large. (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. For dogs that haven't been. Aggressive physical contact by a dog. County rabies officer; application; appointment; term; powers and duties; authority of county board of health. (Code 1896, 422; Code 1907, 2833; Code 1923, 6074; Code 1940, T. 3, 7.). Most courts now offer at least some materials and forms to help you understand and manage your child custody case. (2) Hunting dog. Any person violating this section shall be guilty of a misdemeanor and shall be If the instructions cannot be delivered in such a manner, they shall be mailed by regular mail, postage prepaid and addressed to the owner of the animal. Commission Office 1702 Noble Street Suite 103 Anniston, AL 36201 Phone: 256-241-2800 (Code 1907, 2470; Code 1923, 5678; Code 1940, T. 3, 3.). Indiana Petition for Waiver of Reinstatement Fee, California Codes > Government Code > Title 3 - Government of Counties, Florida Statutes > Chapter 7 - County Boundaries, Florida Statutes > Title XI - County Organization and Intergovernmental Relations, Illinois Compiled Statutes > 55 ILCS 5 > Article 1 > Division 1-1 - Short Title, Boundaries, Jurisdiction, Illinois Compiled Statutes > 55 ILCS 5 > Article 1 > Division 1-2 - Alteration Of County Lines, Illinois Compiled Statutes > 55 ILCS 5 > Article 1 > Division 1-3 - New Counties, Illinois Compiled Statutes > 55 ILCS 5 > Article 1 > Division 1-4 - Uniting Counties, Illinois Compiled Statutes > Chapter 55 - Counties, Missouri Laws > Title VI - County, Township and Political Subdivision Government, New York Laws > Alternative County Government, Texas Constitution > Article 9 - Counties, Texas Constitution Art. Animals. 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. Mayor Killing or disabling livestock; penalty. Calhoun County District CourtUnlawful Detainer/Eviction Procedures. 3-1-7 . ARTICLE 10. Notwithstanding any provision of law to the contrary, it shall be illegal to own, maintain, sell, or trade any canidae or felidae for which there is no USDA licensed rabies vaccine. 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. 9-11-306 . Comprehensive lawyer profiles including fees, education, jurisdictions, awards, publications and social media. 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. Cullman County Animal Control Division Director Tim McKoy said the county has a leash law. (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. 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. 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. 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. Courts in Calhoun County, Alabama. (Acts 1915, No. (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. 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. Placement of area under quarantine; additional measures. 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. At its discretion, the humane society or other agency handling stray animals shall humanely dispatch or dispose of any confiscated dog. 3-6-1. Criminal Defense Lawyers Serving Calhoun County, AL (Gardendale) Additional Office Locations. (Acts 1990, No. (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 bond extension shall be considered in accordance with the procedures set forth in subsection (g). Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. 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. 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. TITLE 3. Get free summaries of new opinions delivered to your inbox! 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. (256) 847-3777 8385 Alabama Highway 144. The administration of rabies vaccine to species other than those for which reliable immunization data is available shall be a violation of this chapter. 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. 3-1-15 - 3-1-27 omitted because unrelated to dogs. Activities relating to fighting of dogs prohibited; violations; confiscation; procedures for disposition of animals; bond for the care of seized dog; forfeiture. (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. 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. The rabies officer may be removed from office, for cause, by the county board of health or the State Health Officer. 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. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. Nothing in this chapter shall be construed to repeal other criminal laws. 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. 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. Killing or disabling livestock; penalty. (a) If a dog that has previously been declared by a court to be dangerous, when unjustified, attacks and causes serious physical injury or death to a person, the owner of the dog shall be guilty of a Class B felony. Repealed by Acts 1977, No. 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. The following are merely procedural guidelines to attempt to aid you: Give a 7 business day notice to the tenant (for a yearly lease) OR 30 day notice to the tenant (for month to month, expired, or no lease). 90-530, p. 816, 8; Act 2009-636, p. 1949, 1.). This is a secure site. Rabies vaccine required for any canidae or felidae; applicability. (c) For the purpose of providing proper enforcement of this chapter, the county board of health is hereby invested with general supervisory and administrative authority for the implementation of this chapter. (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. An enclosure for the confinement of a dog that has been declared dangerous that is suitable to prevent the entry of the general public and that does all of the following: a. Dogs and cats to be immunized; certificate; validity; to whom sale, etc., of vaccine may be made. 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.