(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. Notwithstanding the above, the State Board of Health may establish by rule vaccine intervals or specific vaccines, or both, to be used in public rabies vaccination clinics, based on considerations such as county specific prevalence of animal rabies or risk of animal rabies and the vaccination rates of dogs, cats, and ferrets in a county. Government, Calhoun County, Alabama. GENERAL PROVISIONS. 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. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. Title 3. 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. View Lawyer Profile. 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. When person deemed lawfully on property of owner of dog. Permitting dog or hog known to kill, etc., sheep, domestic fowl, etc., to run at large. (12) Rabies officer. Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. You might wonder "Why? CALHOUN COUNTY, ALABAMA NOVEMBER 8, 2022 ABSENTEE OFFICIAL BALLOT BALLOT STYLE - 1 GENERAL AND CONSTITUTIONAL AMENDMENT ELECTION CALHOUN COUNTY, ALABAMA . The court shall award the animals to the humane society or other agency handling stray animals. 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. Isn'tit better if dogs run wild and just have fun?" Uh -- no! Compare 46 attorneys in Calhoun County, Alabama on Justia. 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. Cruelty to animals. 1. (e) An appointed veterinarian or officer of the humane society or other animal welfare agency may upon delivery or at any time thereafter destroy the animal that is in his or her opinion injured, diseased past recovery, or whose continued existence is inhumane and destruction is necessary to relieve pain or suffering. CHAPTER 11. This site is not a law firm and cannot offer legal advice. It shall be unlawful for any person to suffer, allow, or permit any animal which is vicious, or presumed to be vicious, as herein defined, to be off the premises of the owner or person in charge unless said animal is caged or leashed and muzzled, and under such restraint as will prevent it from attacking or injuring a person or other animal. If the humane society determines that the animal cannot be sold, it may cause the animal to be otherwise disposed of. ANIMALS. . (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. Mr. Howard Wayne East. (d) Nothing in this chapter shall be construed to require any county or municipality to employ or make available an animal control officer. dogs to accompany such owner or other person or persons elsewhere than on the premises Relation to Volunteer Service Act. The animal control officer shall file a summons for the owner of the dog, if known, with the municipal court or district court. (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. Prev Next The State Health Officer or any county health officer as defined in Section 22-3-2, or his or her designee. 3-1-14. (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. 3-7A-16. 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. 3-8-1 . 3-7A-11 . 3-7A-7. (Acts 1990, No. The bond extension shall be considered in accordance with the procedures set forth in subsection (g). There's a simmering controversy in Calhoun County over animal control. Dogs and cats to be immunized; certificate; validity; to whom sale, etc., of vaccine may be made. 668, p. 1061, 8; Code 1940, T. 8, 110(8); Act 2019-369, 1.). Keeping of dogs in certain vacant lots. (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. It is unlawful for the owner to sell, give away, transfer to another location, or otherwise dispose of any animal that is known to have bitten or exposed a human being until it is released from quarantine by the rabies officer, duly licensed veterinarian, or by the appropriate health officer. (2) For amusement or gain, to cause any dog to fight with another dog, or cause any dogs to injure each other. 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. Burial or burning of bodies of dead animals generally; burning of hogs dying from cholera, etc. (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. 2nd Monday of each Month 5:30 P.M Work . 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. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. For community cats, the inclusion or omission of just a few words in these laws can be the difference between life and death. Construction with other laws; penalties. Reasonable costs shall include, but not be limited to, transportation, food, shelter, and care, including veterinary care. Rabies; Title 3. 607, p. 812, 9901, as amended, effective January 1, 1980. Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same. 90-530, p. 816, 3; Act 2009-636, p. 1949, 1.). (b) This section shall not apply to the running at large of any dog or dogs within (Acts 1919, No. 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. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. WILDLIFE MANAGEMENT AREAS. 3-1-3 . (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. (3) Bitten. 607, p. 812, 9901, as amended, effective January 1, 1980. 3-1-1. ; failure to burn or bury dead animal, etc. Calhoun County, AL Family Law Attorney. Alabama Code 45-49-170.03. By Law; Amending Subsection 6 (3) (C) Thereof Pertaining To The General Statement Of Facts Contained In An Informal Complaint To Include Handicap Status In The Basis Of 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. (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. Injury or destruction of dipping vat of another. or persons having such dog or dogs in his or their charge from allowing such dog or 1. review. 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. Do not send reports of suspected abuse or neglect via email. Chapter 37A. (3) The owner or keeper may choose at any time to surrender the dog to the local animal shelter or other animal housing facility holding the dog. Repealed by Acts 1977, No. (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) To permit any act in violation of subdivisions (1) and (2) of this subsection. 90-530, p. 816, 7; Act 2009-636, p. 1949, 1.). Calhoun County Circuit Clerk's Office. Jefferson County Municipalities. Chapter 7A. (Acts 1990, No. (10) Serious physical injury. Animals. 90-530, p. 816, 8; Act 2009-636, p. 1949, 1.). 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. 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. (9) Proper enclosure of a dangerous dog. Title 45. 90-530, p. 816, 14; Act 2009-636, p. 1949, 1.). Liability of owner, etc., for injuries caused by rabid dog. Applications shall be provided to the chair of each county board of health during the month of November. Horse show, rodeo, or dog and pony shows (Ala.Code 1975 40-12-111), Chapter 9. Calhoun County District CourtUnlawful Detainer/Eviction Procedures. (Acts 1990, No. 3-1-10 . Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. Please be assured that your information will remain confidential and will not be shared. ANIMALS. 9 sec. (Code 1876, 4405; Code 1886, 4171; Code 1896, 5591; Code 1907, 6236; Code 1923, 3219; Code 1940, T. 3, 4.). 90-530, p. 816, 12; Act 2009-636, p. 1949, 1.). - Repealed by Act 2015-70, 1(12), effective April 21, 2015. (Acts 1935, No. c. The owner of the dangerous dog shall provide a copy of the certificate of the current rabies vaccination of the dog. (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. Rabies vaccine required for any canidae or felidae; applicability. 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. (9) Owner. 82-461, p. 739; Acts 1984, 1st Ex. 2 - Removal of County Seats, Texas Constitution Art. (a) For the purposes of this section, the following terms shall have the following meanings: (1) Agricultural work dog. 3-1-8. 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. CALHOUN COUNTY ORDINANCES . Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. 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. 3-7A-5 . If any dog shall, without provocation, bite or injure any person who is at the time at a place where he or she has a legal right to be, the owner of such dog shall be liable in damages to the person so bitten or injured, but such liability shall arise only when the person so bitten or injured is upon property owned or controlled by the owner of such dog at the time such bite or injury occurs or when such person has been immediately prior to such time on such property and has been pursued therefrom by such dog. General Provisions. (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. Rabies Vaccine. ANIMAL. (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. All four sides of the fence or pen must be sunk at least two feet into the ground or the fence or pen must be built over a concrete pad to prevent the dog from digging out. An agent of a county or municipality vested with impounding authority for animals covered under this chapter. (4) Ferret. (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. You already receive all suggested Justia Opinion Summary Newsletters. 3-1-11 . 3-6-2. CHAPTER 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. 461, p. 702; Code 1923, 3223; Code 1940, T. 3, 60.). An injury as defined in Section 13A-1-2(12). The certificate shall be dated and signed by the person authorized to administer the vaccine. Cruelty to animals. (a) Every person owning or having in charge any dog or dogs shall at all times confine CHAPTER 8. CONSERVATION AND NATURAL RESOURCES. Contact us. Alabama law is clear on reporting abuse and neglect of children under the age of 19. (Code 1876, 4411; Code 1886, 3871; Code 1896, 5092; Code 1907, 6231; Code 1923, 3213; Code 1940, T. 3, 10.). 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. 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. (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. https://codes.findlaw.com/al/title-3-animals/al-code-sect-3-1-5/, Read this complete Alabama Code Title 3. (Acts 1990, No. 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. 3-7A-9. 1 - Creation and Modification of Counties, Texas Constitution Art. (2) Attack. 9-11-305. AL 35128. 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. c. Provides adequate ventilation and protection from the elements. (4) Dangerous dog. Title 3. Penalty for dog or cat without tag or certificate. Sign up for our free summaries and get the latest delivered directly to you. Even if you plan to work with a lawyer, it's smart to do some research before . 607, p. 812, 9901, as amended, effective January 1, 1980.