The age of the majority in Alabama is now 19. 2023 Michigan State University College of Law. (Code 1907, 2471; Code 1923, 5679; Code 1940, T. 3, 6.). (a) For the purposes of this section, the following terms shall have the following meanings: (1) Agricultural work dog. View Website View Lawyer Profile Email Lawyer. 3-7A-9 . b. 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. TITLE 3. More than 40 people attended the hearing, which started at 5 p.m. in the commission room at the Chilton County Courthouse. All members of the domesticated feline (Felis catus) family. (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. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 3-1-13. such dog or dogs to the limits of his own premises or the premises on which such dog 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. Sterilization of Dogs and Cats. 3-1-28 . Liability of Owners of Dogs Biting or Injuring Persons; Title 3. (12) Rabies officer. (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. Their vote makes the state law applicable to Elmore County. Each county in the state shall provide a suitable county pound and impounding officer for the impoundment of dogs, cats, and ferrets found running at large in violation of the provisions of this chapter. (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. Dummier Young LLC. Title 3. 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. The officer so taking such animal shall at the time of taking the animal give written notice to the owner or person from whose custody it was taken. (Acts 1967, No. 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). 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. 3-1-11.1. Replacement of certificate and tag. 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. There's a simmering controversy in Calhoun County over animal control. 9-11-238. 3-6A-6. 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. g.1. Cullman, AL (35055) Today. . The filing fee is $65.00 Minor Name Changes You will need to contact an attorney for a minor name change (Acts 1990, No. MADISON, Ala. - The City of Madison has a new animal tethering ordinance in place. 3-8-1. 3-1-2. 3-1-11.1 . Carrie Hudson - Domestic Relations. 3-1-28. 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. (Acts 1990, No. Unauthorized access or use is not permitted and constitutes a crime punishable by law. Nearly every administrationin the country has a leash law. When dogs permitted in areas; liability of owners of dogs at large in areas. A signed paper copy of the certificate prescribed herein shall be delivered to the owner of the animal immunized. The State Board of Health is authorized to adopt and promulgate rules for the enforcement of this chapter, which rules shall have the force and effect of law. b. 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. 3-7A-5. (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. Has secure sides and a secure top attached at all sides. 3-1-3 . (Acts 1982, No. 3-7A-6 . 3-1-1. 3-6A-8. (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). Ordinances often include sections on animal cruelty, ownership, at-large regulations, mandatory spay/neuter, and cat licensing. 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. 3-7A-13 . 3-6-1. Burial or burning of bodies of dead animals generally; burning of hogs dying from cholera, etc. 1. review. Repealed by Acts 1977, No. 3-7A-13. Birmingham. (2) Hunting dog. (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. this Section. Calhoun County, AL Attorney. Destruction of domesticated species exposed to rabid animal; quarantine as option on recommendation of Department of Public Health. 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 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 caused by rabid dog. 3-1-7 . 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. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Get Help With Alabama Child Custody. 607, p. 812, 9901, as amended, effective January 1, 1980. 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. They must be appropriately confined at all times, either by a leash when off the property or other means to keep them within an owner's property. Is capable of being locked with a key or combination lock when the dog is within the structure. 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. (256) 847-3777 8385 Alabama Highway 144. Article 8. Killing or disabling livestock; penalty. 3-1-9. Originally called the Alabama Court Clerk's Association, the group was established in 1991. Impoundment of dogs; redemption or destruction of impounded dogs. High 59F. | https://codes.findlaw.com/al/title-3-animals/al-code-sect-3-1-5/. or persons having such dog or dogs in his or their charge from allowing such dog or 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. (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. Family Court Divisions: 256-231-1740, Suite 500. (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. c. Provides adequate ventilation and protection from the elements. Alabama Code 45-49-170.03. 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. Entered active duty in the United States Army . Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. 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. 3-6-2 . 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. (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. This site is not a law firm and cannot offer legal advice. (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. (g) Canine corps dogs and seeing eye dogs shall be exempt from the quarantine period if the exposure occurs in the line of duty and evidence of proper immunization against rabies is presented, but shall be examined immediately at the end of 10 days by a licensed veterinarian, who shall report the results of his or her examination to the appropriate health officer as previously authorized. 90-530, p. 816, 8; Act 2009-636, p. 1949, 1.). The compensation of the rabies officer and his or her deputies shall be limited to the fees collected from enforcement of this chapter. 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. Kim McCarson, Circuit Clerk. If reliable epidemiologic data is lacking for an animal species regarding duration of rabies virus secretion from the salivary glands, the animals shall be humanely destroyed and the head submitted for rabies examination to the state health department laboratory. Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. 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. of Economic and Community Affairs at 334-242-5290 as well as city or county building departments concerning codes for residential and most commercial property. Residents in Alabama, home to many pecan and oak trees, can recover additional damages if someone deliberately damages their tree. to be kept on dogs nor shall this section apply in any county in this state until The Petitioner must be a legal resident of Calhoun County and age 19 or older. Hunting, etc., of wild turkeys with dogs. Birmingham School of Law and Thomas Goode Jones School of Law, Faulkner University. (6) Impounded. (Code 1867, 1296; Code 1876, 1601; Code 1886, 1379; Code 1896, 421; Code 1907, 2832; Code 1923, 6072; Code 1940, T. 3, 1.). 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. 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. 668, p. 1061, 8; Code 1940, T. 8, 110(8); Act 2019-369, 1.). 45-37A-53.01. 3-1-9 . 3-1-8 . 3-7A-2 . CHAPTER 11. Jefferson County Municipalities. 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. Rabies vaccine required for any canidae or felidae; applicability. (Acts 1919, No. Repealed by Acts 1977, No. Liability of owner, etc., for injuries caused by rabid dog. Cullman County Animal Control Division Director Tim McKoy said the county has a leash law. 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. AL 35128. (Acts 1993, No. Prev Next Attorney Ratings. 3-1-15 - 3-1-27 omitted because unrelated to dogs. An injury as defined in Section 13A-1-2(12). Repealed by Acts 1977, No. (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. Criminal Defense Lawyers Serving Calhoun County, AL (Gardendale) Additional Office Locations. 1975 Ordinances . 90-530, p. 816, 10; Act 2009-636, p. 1949, 1.). (8) Impounding officer. 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. 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). (a) Whenever the rabies officer or the health officer receives information that a human being has been bitten or exposed by a dog, cat, or ferret required by this chapter to be immunized against rabies, the officer or his or her authorized agent shall cause the dog, cat, or ferret to be placed in quarantine under the direct supervision of a duly licensed veterinarian for rabies observation as prescribed in Section 3-7A-1. 1975-01 - Ordinance Regulating The Erection, Construction And Enlargement, . The certificate shall be dated and signed by the person authorized to administer the vaccine. 82-461, p. 739; Acts 1984, 1st Ex. (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. (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. Maintenance of pound; notice of impoundment; adoption of animals. 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. (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. View Lawyer Profile. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. (Acts 1990, No. Please be assured that your information will remain confidential and will not be shared. Alabama Property Line and Fence Laws at a Glance (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. (5) Dog. 607, p. 812, 9901, as amended, effective January 1, 1980. 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. The owner shall provide proof of the surety bond each time the annual dangerous dog registration fee is paid. (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. (7) Owner. Calhoun County Circuit Clerk's Office. Individuals, firms, partnerships, and associations. At its discretion, the humane society or other agency handling stray animals shall humanely dispatch or dispose of any confiscated dog. Calhoun County uses the latest encryption technology to safeguard information entered into the system. 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. Repealed by Acts 1977, No. View Website View Lawyer Profile Email Lawyer. Do not send reports of suspected abuse or neglect via email. 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.
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