It ensures that you can not restrain pets with a leash or tether unless you are outside watching them. An injury as defined in Section 13A-1-2(12). 3-1-13. 82- 626, p. Keeping of dogs in certain vacant lots. 3-1-8. Box 1511 Montgomery, AL 36102-1511. CALHOUN COUNTY, ALABAMA NOVEMBER 8, 2022 ABSENTEE OFFICIAL BALLOT BALLOT STYLE - 1 GENERAL AND CONSTITUTIONAL AMENDMENT ELECTION CALHOUN COUNTY, ALABAMA . Please call your County Department of Human Resources or local law enforcement agency to report suspected abuse or neglect. Pell City does have a leash law, a vicious animal ordinance, and requires owners to be in control of their pets at all times. 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. Local laws, such as local animal control ordinances, are part of a city and/or county code. Residents throughout the community spoke for or against a proposed "leash law" ordinance that could affect county residents during a public hearing Monday hosted by the Chilton County Commission. Shirley A. Millwood. 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. CALHOUN COUNTY ORDINANCES . Repealed by Acts 1977, No. Any duly authorized officer or employee of a recognized humane society shall have the right to take charge of any animal which is sick or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. CHAPTER 6. (11) Quarantine for rabies observation. 9-11-307. (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. 3-8-1. (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. 3-7A-2 . Calhoun County, AL Family Law Attorney with 13 years of experience. c. The owner of the dangerous dog shall provide a copy of the certificate of the current rabies vaccination of the dog. Permitting dog or hog known to kill, etc., sheep, domestic fowl, etc., to run at large. (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. 4 - County-Wide Hospital Districts in Certain Large Counties. or dogs is or are regularly kept. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. Nothing in this section shall prevent the owner of any dog or dogs or other person The administration of rabies vaccine to species other than those for which reliable immunization data is available shall be a violation of this chapter. (8) Physical injury. Government, Calhoun County, Alabama. Liability of owner, etc., for injuries caused by rabid dog. The surety bond required by subparagraph 1. shall provide coverage for dog bites, injuries, or death caused by the dog. You can explore additional available newsletters here. Nearly every administrationin the country has a leash law. Individuals, firms, partnerships, and associations. (2) Hunting dog. You're all set! General Provisions. 607, p. 812, 9901, as amended, effective January 1, 1980. (Acts 1967, No. 1. 3-7A-6. In extreme situations, the State Health Officer may place the area under quarantine without waiting for local request. Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. 9 sec. Has secure sides and a secure top attached at all sides. 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. It shall be the duty of the rabies officer to immunize for rabies all dogs, cats, and ferrets covered under this chapter and he or she may employ as many licensed veterinarians to serve as deputies to aid him or her as he or she may desire. 90-530, p. 816, 11; Act 2009-636, p. 1949, 1.). Penalties for violations of provisions of article, etc. 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. Destruction of certain abandoned animals by members, etc., of societies for prevention of cruelty to animals. View Website View Lawyer Profile Email Lawyer. Liability of owner, etc., for injuries caused by rabid dog. (c) The county health department is authorized to promulgate and enforce any reasonable rules and regulations necessary to implement this section. Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same. A LeashLaw is one that prohibits dog owners from letting their dogs run loose,meaning dogs must always be confined or leashed. 90-530, p. 816, 14; Act 2009-636, p. 1949, 1.). (Code 1896, 422; Code 1907, 2833; Code 1923, 6074; Code 1940, T. 3, 7.). If the dog is impounded with a veterinarian chosen by the owner of the dog, the owner of the dog shall be liable for paying to the veterinarian the cost and expenses incurred in impounding, feeding, and providing veterinary care or treatment for the dog. https://codes.findlaw.com/al/title-3-animals/al-code-sect-3-1-5/, Read this complete Alabama Code Title 3. ANIMALS. (Acts 1939, No. More than 40 people attended the hearing, which started at 5 p.m. in the commission room at the Chilton County Courthouse. A dog owner may be fined between $2 and $50 for failure to leash the dog. (12) Rabies officer. Destruction of domesticated species exposed to rabid animal; quarantine as option on recommendation of Department of Public Health. (3) If the state meets its burden at the forfeiture hearing, the judge shall order the owner or keeper to forfeit ownership of the dog. Universal Citation: AL Code 3-1-5 (2017) Section 3-1-5 Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. To declare the dog dangerous, the court shall find by reasonable satisfaction that the dog bit, attacked, or caused physical injury, serious physical injury, or death to a person without justification. (4) Dangerous dog. Sterilization of Dogs and Cats. Any person violating this section shall be guilty of a misdemeanor and shall be The Legislature finds that certain dogs are an increasingly serious and widespread threat to the safety and welfare of citizens of this state by virtue of their unjustified attacks on and associated injury to individuals; that these attacks are in part attributable to the failure of owners to confine and properly train and control these dogs; that existing laws inadequately address this problem; and that it is therefore appropriate and necessary to impose a uniform set of state requirements on the owners of dangerous dogs. (5) Has been exposed. Shirley A. Millwood. (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. Graduated from Cumberland School of Law, Birmingham, Alabama in 1994. TITLE 3. Email: animalcenter@cityofpellcity.net. (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. When person deemed lawfully on property of owner of dog. The owner of a dog in violation of the leash law can be subject to a misdemeanor offense and payment of a fine of $2.00 to $50.00 if a warrant is processed against them. Sign up for our free summaries and get the latest delivered directly to you. this Section. County rabies officer; application; appointment; term; powers and duties; authority of county board of health. CONSERVATION AND NATURAL RESOURCES. (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. dogs to accompany such owner or other person or persons elsewhere than on the premises (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. 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. 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. TITLE 9. 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. (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. (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. (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. (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. When person deemed lawfully on property of owner of dog. 3-7A-5 . Attorney Ratings. This site is not a law firm and cannot offer legal advice. Kim McCarson, Circuit Clerk. (9) Proper enclosure of a dangerous dog. 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. Article 5. 90-530, p. 816, 7; Act 2009-636, p. 1949, 1.). 3-6-1 . (7) Immunization against rabies. (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. g.1. CHAPTER 11. Even if you plan to work with a lawyer, it's smart to do some research before . 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. 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. (Code 1907, 2471; Code 1923, 5679; Code 1940, T. 3, 6.). (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. Please be assured that your information will remain confidential and will not be shared. (2) The sworn statement shall be delivered to an animal control officer who shall complete a dangerous dog investigation. There is 1 Court per 16,503 people, and 1 Court per 86 square miles. Alabama Leash Law Dogs are not permitted to run at large in Alabama. 3-1-11 . ANIMALS. (Acts 1990, No. (Acts 1990, No. 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. No such animal shall be burned or buried sufficiently near a residence or residences as to create a nuisance. 90-530, p. 816, 5; Act 2009-636, p. 1949, 1.). The Calhoun County Commission would like to welcome you to the Calhoun County WEB site and hope you will return often. If the county or municipality impounds the dog, the owner of the dog shall be liable to the county or municipality for the costs and expenses incurred in impounding, feeding, and providing veterinary care or treatment for the dog. 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. Activities relating to fighting of dogs prohibited; violations; confiscation; procedures for disposition of animals; bond for the care of seized dog; forfeiture. Dummier Young LLC. 607, p. 812, 9901, as amended, effective January 1, 1980. Seeing eye dogs shall be included within the meaning of this definition. Cite this article: FindLaw.com - Alabama Code Title 3. 3-1-3 . Most courts now offer at least some materials and forms to help you understand and manage your child custody case. GENERAL PROVISIONS. The animal control officer shall file a summons for the owner of the dog, if known, with the municipal court or district court. Contact the AL Dept. 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. As used in this chapter, the following words and phrases shall have the following meanings respectively ascribed to them unless the context clearly indicates otherwise: (1) Canine corps dogs. (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. 3-7A-9. 3-1-7 . CHAPTER 1. 668, p. 1061, 6; Code 1940, T. 8, 110(6).). The owner of such dog shall, however, be entitled to plead and prove in mitigation of damages that he had no knowledge of any circumstances indicating such dog to be or to have been vicious or dangerous or mischievous, and, if he does so, he shall be liable only to the extent of the actual expenses incurred by the person so bitten or injured as a result of the bite or injury. 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. Replacement of certificate and tag. 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. 3-1-28 . Current as of January 01, 2019 | Updated by FindLaw Staff. 1975 Ordinances . The dog in question shall be impounded at the county pound as described in Section 3-7A-7, or the county or municipality may enter into an agreement with an animal shelter or licensed veterinarian to impound the dog; provided, however, the owner of the dog shall be provided the opportunity to choose a veterinarian of his or her choosing to impound the dog in lieu of the county pound or animal shelter. With the new state law, Bannister said it is important to remember that all dog owners in Cullman are required to purchase a one-time city license for each dog owned. 3. (256) 403-0521. (a) Every person owning or having in charge any dog or dogs shall at all times confine 185, p. 259; Code 1923, 3221; Code 1940, T. 3, 5.). 9-11-306 . (a) For the purposes of this section, the following terms shall have the following meanings: (1) Agricultural work dog. Horse show, rodeo, or dog and pony shows (Ala.Code 1975 40-12-111), Chapter 9. Alabama law is clear on reporting abuse and neglect of children under the age of 19. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. Dogs and cats to be immunized; certificate; validity; to whom sale, etc., of vaccine may be made. (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. (Acts 1993, No. Relation to Volunteer Service Act. (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. 3-1-5. Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. WILDLIFE MANAGEMENT AREAS. Any dog that is trained to herd or protect livestock or to otherwise assist in agricultural work and is actually or has been used for such purposes. Destruction of certain abandoned animals by members, etc., of societies for prevention of cruelty to animals. Local Laws. LIABILITY OF OWNERS OF DOGS BITING OR INJURING PERSONS. Placement of area under quarantine; additional measures. (Acts 1990, No. (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. 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. 607, p. 812, 9901, as amended, effective January 1, 1980. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. or persons having such dog or dogs in his or their charge from allowing such dog or (Acts 1990, No. (Acts 1935, No. Rabies vaccine required for any canidae or felidae; applicability. 3-1-1. 2. The appointee's term of office shall expire on December 31 of the year of appointment; provided, however, that he or she shall be eligible for reappointment. (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. All rights reserved. Liability of Owners of Dogs Biting or Injuring Persons; Title 3. All members of the ferret (Mustela putorius furo) family. 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. The bond extension shall be considered in accordance with the procedures set forth in subsection (g). No person shall keep any dog which has been known to kill or worry sheep or other stock without being set upon the same. (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. Section 3-1-5 - Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. In that instance, a new certificate marked duplicate may be issued and distributed according to Section 3-7A-2. When dogs permitted in areas; liability of owners of dogs at large in areas. (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. (c)(1) In the event a dangerous dog investigation leads an animal control officer to believe the allegation is founded, all of the following shall occur: a. 3-1-5 . 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. 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. (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.