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. (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). A dog, regardless of its breed, that has bitten, attacked, or caused physical injury, serious physical injury, or death to a person without justification, except a dog that is a police animal as defined by Section 13A-11-260, used by law enforcement officials for legitimate law enforcement purposes. 9-11-307 . Feel free to ask any questions you have before hiring a lawyer to make sure you understand what . TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. (Acts 1990, No. Leash laws; enforcement. Placement of area under quarantine; additional measures. (Code 1907, 2470; Code 1923, 5678; Code 1940, T. 3, 3.). Do not send reports of suspected abuse or neglect via email. 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. fined not less than $2.00 nor more than $50.00. 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. The certificate shall be dated and signed by the person authorized to administer the vaccine. Aggressive physical contact by a dog. (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. Destruction of impounded dogs and cats; when authorized; redemption by owner; sale of impounded animals. 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) Ferret. 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. (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. Health and Environment. Dogs are considered vicious that have bitten or have threatened to bite persons. (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. You might wonder "Why? Repealed by Acts 1977, No. 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). Chapter 6. Alabama law is clear on reporting abuse and neglect of children under the age of 19. The owner shall provide proof of the surety bond each time the annual dangerous dog registration fee is paid. Before you file legal papers, take some time to familiarize yourself with the resouces offered by your local court. 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. Law Firm Website Law Firm Profile. This is a secure site. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 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. 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. For dogs that haven't been. Any person violating this article or any rule adopted by the Commissioner of the Department of Conservation and Natural Resources under the authority of this article shall be guilty of a Class C misdemeanor, punishable as provided by law, except that the minimum fine shall not be less than one hundred dollars ($100).Credits(Acts 1939, No. (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. Carrie Hudson - Domestic Relations. Jefferson County Municipalities. Title 3. CHAPTER 8. Box 1511 Montgomery, AL 36102-1511. 3-7A-16. 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. 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. 3-1-6. All rights reserved. 185, p. 259; Code 1923, 3221; Code 1940, T. 3, 5.). Local Laws Alabama Code Title 45. 3-7A-9 . (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. ANIMAL. 2. 3-1-11. Animal advocates in the county say the there's no animal control officer to pick. Part 4. Cullman, AL (35055) Today. 3-1-4. Each case varies depending on the situation. The rabies officer may be removed from office, for cause, by the county board of health or the State Health Officer. A LeashLaw is one that prohibits dog owners from letting their dogs run loose,meaning dogs must always be confined or leashed. The dog shall be held in impound until the owner complies with all orders of the court, but if the owner fails to comply with all orders of the court within 30 days of the court's order, the dog shall be humanely euthanized. 3-1-7. 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. Council Schedule. (10) Person. In case the owner of an impounded animal desires to redeem the animal, he or she may do so on the following condition: He or she shall pay for the immunization of the animal and a penalty equal to the minimum fine established in Section 3-7A-6 if a certificate of current immunization cannot be produced, and for the board of the animal for the period for which it was impounded. (Acts 1990, No. Killing or disabling livestock; penalty. dogs to accompany such owner or other person or persons elsewhere than on the premises (Acts 1982, No. (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. 82-461, p. 739; Acts 1984, 1st Ex. 3-1-8 . 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. 607, p. 812, 9901, as amended, effective January 1, 1980. Seized with the teeth so that the skin of the person seized has been gripped, or has been wounded or pierced, resulting in physical injury. Attorney Ratings. broadband infrastructure by state law to public or private entities for providing or expanding broadband infrastructure. (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. Any person knowingly keeping such dog is liable for double the value of all stock killed or injured by such dog, such damages to be recovered by the owner of such stock before any court of competent jurisdiction and no action shall be maintained against anyone for killing such dog. Originally called the Alabama Court Clerk's Association, the group was established in 1991. (12) Rabies officer. Birmingham School of Law and Thomas Goode Jones School of Law, Faulkner University Jacksonville State University and Gadsden State Community College Alabama. Those interested should complete the Rescue Application and email it to the address below or if you have any questions please do not hesitate to call. (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. The injection, in a manner approved by the State Health Officer and the State Veterinarian, of rabies vaccine approved by the State Health Officer and the State Veterinarian. or dogs is or are regularly kept. 3-1-14. 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. (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. 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. Lynne Whitten, Supervisor - Appeals. Section 3-1-5 - Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. 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. You already receive all suggested Justia Opinion Summary Newsletters. Where there is no local authority having jurisdiction (AHJ), the default code enforcement is by the State Fire Marshal. Shirley A. Millwood. Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. 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. 9 sec. 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. Rabies vaccine required for any canidae or felidae; applicability. 3-1-15 - 3-1-27 omitted because unrelated to dogs. - Repealed by Act 2015-70, 1(12), effective April 21, 2015. At its discretion, the humane society or other agency handling stray animals shall humanely dispatch or dispose of any confiscated dog. 93-719, p. 1406, 1-3; Act 2004-627, p. 1421, 1.). Individuals, firms, partnerships, and associations. 3-7A-13. Alabama Property Line and Fence Laws at a Glance 3-1-14 . Hogs dying from cholera or any other disease whatsoever shall be burned. 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. Replacement of certificate and tag. (Acts 1990, No. (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. 3-6-2. the corporate limits of any city or town in this state that requires a license tag Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. This chapter is known and may be cited as Emilys Law. Get free summaries of new opinions delivered to your inbox! Commission Office 1702 Noble Street Suite 103 Anniston, AL 36201 Phone: 256-241-2800 Any expenses incurred in the quarantine of the offending animal under this section and Section 3-7A-8 shall be borne by the owner. LIABILITY OF OWNERS OF DOGS BITING OR INJURING PERSONS. Most courts now offer at least some materials and forms to help you understand and manage your child custody case. (7) Owner. 3-7A-13 . Licensed to practice law in Georgia and Florida in 1994. (7) Immunization against rabies. . Get Help With Alabama Child Custody. Ordinances often include sections on animal cruelty, ownership, at-large regulations, mandatory spay/neuter, and cat licensing. (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. TITLE 3. 3-7A-2 . This section does not apply to any zoological parks, circuses, colleges, and universities, animal refuges approved by the Department of Agriculture and Industries, county or municipal humane shelters, the Department of Conservation and Natural Resources, or veterinary clinics. Sign up for our free summaries and get the latest delivered directly to you. (Acts 1990, No. (Acts 1919, No. (h) The court hearing shall be held as soon as practicable. Back to Top Alaska Leash Law Nothing in this chapter shall be construed to repeal other criminal laws. d. The dangerous dog shall be spayed or neutered. (d) Nothing in this chapter shall be construed to require any county or municipality to employ or make available an animal control officer. Activities relating to fighting of dogs prohibited; violations; confiscation; procedures for disposition of animals; bond for the care of seized dog; forfeiture. No owner, lessee, proprietor, manager, superintendent, agent, or employee of any place of public accommodation, amusement or recreation, including, but not limited to, any inn, hotel, restaurant, eating establishment, barbershop, billiard parlor, store, public conveyance, theater, motion-picture house, public educational institution, or elevator shall refuse to permit a guide dog to accompany a blind person entering the place or making use of the accommodations available when the blind person is being led by the guide dog; if the guide dog is wearing a harness; and the blind person presents for inspection credentials issued by an accredited school for training guide dogs or the dog is being trained by a person employed by an accredited school for training guide dogs. Calhoun County Circuit Clerk's Office. 3-1-5. 3-7A-10 . 3-1-12. 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. Seeing eye dogs shall be included within the meaning of this definition. This site is not a law firm and cannot offer legal advice. (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. TITLE 9. Phone:(205) 814-1567. 3-7A-7 . 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. 9-11-306. (a) For the purposes of this section, the following terms shall have the following meanings: (1) Agricultural work dog. (e) Instructions for the quarantine of the offending animal shall be delivered in person or by telephone or facsimile to the owner by the health officer or his or her authorized agent. Please be assured that your information will remain confidential and will not be shared. Repealed by Acts 1977, No. Those domesticated species, for which rabies vaccine is recognized and recommended, upon exposure or potential exposure to a known rabid animal, shall be humanely destroyed or slaughtered immediately.