(7) Owner. Dummier Young LLC. 3-6A-6. CHAPTER 11. The filing fee is $65.00 Minor Name Changes You will need to contact an attorney for a minor name change 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. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (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. https://codes.findlaw.com/al/title-3-animals/al-code-sect-3-1-5/, Read this complete Alabama Code Title 3. When dogs permitted in areas; liability of owners of dogs at large in areas. (j) It shall be presumed that a dog is not a dangerous dog pursuant to this chapter if the dog was on property owned by the owner of the dog when the event subject to a claim under this chapter occurred or if the victim was trespassing on any property when the event subject to a claim under this chapter occurred. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. 185, p. 259; Code 1923, 3221; Code 1940, T. 3, 5.). (5) Has been exposed. Chapter 1. If any dog, not being at the time on the premises of the owner or person having charge thereof, shall kill or injure any livestock, the owner or person having such dog in charge shall be liable for damages sustained by the killing or maiming of any livestock and for the full costs of the action. Penalties for violations of provisions of article, etc. For the purposes of this chapter, the following words shall have the following meanings: (1) Animal control officer. Calhoun County, Alabama. Repealed by Acts 1977, No. 90-530, p. 816, 1; Act 2009-636, p. 1949, 1.). 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. CONSERVATION AND NATURAL RESOURCES. (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. Destruction of certain abandoned animals by members, etc., of societies for prevention of cruelty to animals. View Website View Lawyer Profile Email Lawyer. Repealed by Acts 1977, No. 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. Title 3. (f) The county attorney, municipal attorney, or municipal prosecutor may file a petition in the district court or municipal court to declare dangerous the dog that caused physical injury, serious physical injury, or death to a person in the jurisdiction of the county or municipality. How to Find Sex Offender Information. Lynne Whitten, Supervisor - Appeals. Compare 46 attorneys in Calhoun County, Alabama on Justia. (Acts 1990, No. 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. The certificate shall be dated and signed by the person authorized to administer the vaccine. ABA Votes To Keep Admission Tests Requirement 3-1-13 . 3-1-3 . . Leash laws; enforcement. (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. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. Sworn statement; dangerous dog investigation; hearing; procedures. (256) 403-0521. (2) For amusement or gain, to cause any dog to fight with another dog, or cause any dogs to injure each other. Winds NE at 5 to 10 mph. 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). Dogs are considered vicious that have bitten or have threatened to bite persons. (2) The sworn statement shall be delivered to an animal control officer who shall complete a dangerous dog investigation. The Calhoun County Commission would like to welcome you to the Calhoun County WEB site and hope you will return often. A signed paper copy of the certificate prescribed herein shall be delivered to the owner of the animal immunized. LawServer is for purposes of information only and is no substitute for legal advice. 3-6-2 . Animals 3-1-6 on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (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. Activities relating to fighting of dogs prohibited; punishment; confiscation; procedures for disposition of animals. (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. The rabies officer may be removed from office, for cause, by the county board of health or the State Health Officer. 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. 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. A licensed veterinarian as defined in Section 34-29-61, duly appointed by the county board of health and approved by the State Health Officer and State Veterinarian. 9-11-305. Get free summaries of new opinions delivered to your inbox! If the owner of an impounded animal is known, the owner shall be given direct notice of the impoundment. 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. 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. 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. (a) For the purposes of this section, the following terms shall have the following meanings: (1) Agricultural work dog. The administration of rabies vaccine to species other than those for which reliable immunization data is available shall be a violation of this chapter. 3-1-8 . 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. this Section. Residents in Alabama, home to many pecan and oak trees, can recover additional damages if someone deliberately damages their tree. Repealed by Acts 1977, No. 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. 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. (d) Nothing in this chapter shall be construed to require any county or municipality to employ or make available an animal control officer. (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. Birmingham School of Law and Thomas Goode Jones School of Law, Faulkner University Jacksonville State University and Gadsden State Community College Alabama. This chapter is known and may be cited as Emilys Law. For dogs that haven't been. 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 3. An injury as defined in Section 13A-1-2. You already receive all suggested Justia Opinion Summary Newsletters. 3-7A-16 . Family Court Divisions: 256-231-1740, Suite 500. 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. Repealed by Acts 1977, No. (Acts 1990, No. Article 5. For community cats, the inclusion or omission of just a few words in these laws can be the difference between life and death. 3-1-6 . (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. 90-530, p. 816, 11; Act 2009-636, p. 1949, 1.). (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. (Acts 1993, No. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. 3-7A-8. Each case varies depending on the situation. Penalty for dog or cat without tag or certificate. Individuals, firms, partnerships, and associations. (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. 3-6A-7. Email: animalcenter@cityofpellcity.net. TITLE 3. such dog or dogs to the limits of his own premises or the premises on which such dog 3-6-1 . (Code 1876, 4405; Code 1886, 4171; Code 1896, 5591; Code 1907, 6236; Code 1923, 3219; Code 1940, T. 3, 4.). Law Firm Website Law Firm Profile. It must be notarized outside the Calhoun County Probate Office. 3-7A-13. Alabama Leash Law Dogs are not permitted to run at large in Alabama. 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. 3-1-7 . A LeashLaw is one that prohibits dog owners from letting their dogs run loose,meaning dogs must always be confined or leashed. Rabies vaccine required for any canidae or felidae; applicability. (Acts 1990, No. 383, p. 813, 8; Code 1940, T. 8, 89.). Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. (Acts 1967, No. (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. 3-1-29 . 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. Any person violating this section shall be guilty of a misdemeanor and shall be (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. All members of the domesticated feline (Felis catus) family. Birmingham. Construction with other laws; penalties. (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. Local laws, such as local animal control ordinances, are part of a city and/or county code. (2) Hunting dog. (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. The Petitioner must be a legal resident of Calhoun County and age 19 or older. 9-11-307 . 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. or persons having such dog or dogs in his or their charge from allowing such dog or Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. Sign up for our free summaries and get the latest delivered directly to you. GENERAL PROVISIONS. CONSERVATION AND NATURAL RESOURCES. (2) Cat. Maintenance of pound; notice of impoundment; adoption of animals. 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. Isn'tit better if dogs run wild and just have fun?" Uh -- no! 3-1-4. (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. Current as of January 01, 2019 | Updated by FindLaw Staff. (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. 93-719, p. 1406, 1-3; Act 2004-627, p. 1421, 1.). A dog owner may be fined between $2 and $50 for failure to leash the dog. Chance of rain 80%.. . 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. (3) Bitten. (4) Ferret. At public rabies clinics, the rabies officer may charge an immunization fee established by a committee consisting of the State Health Officer, the State Veterinarian, and the president of the Alabama Veterinary Medical Association, and approved by the State Board of Health prior to the first day of January each year. (4) Dangerous dog. 3-7A-8 . (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. (Acts 1990, No. 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. Prev Next 3-7A-11. broadband infrastructure by state law to public or private entities for providing or expanding broadband infrastructure. 3-6-1. Aggressive physical contact by a dog. Rain. (a) Every person owning or having in charge any dog or dogs shall at all times confine Every lawyer is a little different and you may want to find the best family lawyer to address your individual situation. Unlawful or malicious killing, injury, etc., of dog of another. 3-1-5. 3-1-14 . Comprehensive lawyer profiles including fees, education, jurisdictions, awards, publications and social media. b. FISH, GAME,AND WILDLIFE. No such animal shall be burned or buried sufficiently near a residence or residences as to create a nuisance. (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. At the hearing, the county attorney, municipal attorney, or municipal prosecutor shall present evidence that the dog is dangerous. 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. Health and Environment. Placement of area under quarantine; additional measures. Nothing in this section shall prevent the owner of any dog or dogs or other person or persons having such dog or dogs in his or their charge from allowing such dog or dogs to accompany such owner or other person or persons elsewhere than on the premises on which such dog or dogs is or are regularly kept. 3-1-15 - 3-1-27 omitted because unrelated to dogs. (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. Where there is no local authority having jurisdiction (AHJ), the default code enforcement is by the State Fire Marshal. 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. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. View Lawyer Profile. (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. 3-6-2. Cullman, AL (35055) Today. Code of Alabama. Criminal Defense Lawyers Serving Calhoun County, AL (Gardendale) Additional Office Locations. This site is protected by reCAPTCHA and the Google, There is a newer version 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. 3-1-11 . 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. (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. or dogs is or are regularly kept. 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. Rabies Vaccine. Calhoun County, AL Attorney. Sess., No. 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. Destruction of impounded dogs and cats; when authorized; redemption by owner; sale of impounded animals. (b) Nothing in this chapter is designed to abrogate any civil remedies available under statutory or common law. (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. Alabama: Calhoun County Circuit Court 25 W 11th St, Anniston, AL 36201 Phone: (256) 231-1750. RABIES VACCINE. (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). Chapter 8. Relation to Volunteer Service Act. Ordinances often include sections on animal cruelty, ownership, at-large regulations, mandatory spay/neuter, and cat licensing.
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