ARTICLE 10. (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. (Code 1907, 2470; Code 1923, 5678; Code 1940, T. 3, 3.). (4) Dangerous dog. 3-1-1. 3-1-9 . Impoundment of dogs; redemption or destruction of impounded dogs. Penalty for dog or cat without tag or certificate. Calhoun County Family Court -- Child Custody Info - LegalConsumer.com Nearly every administrationin the country has a leash law. (6) Health officer. Carrie Hudson - Domestic Relations. The Petitioner must be a legal resident of Calhoun County and age 19 or older. TITLE 3. 383, p. 813, 8; Code 1940, T. 8, 89.). This chapter is known and may be cited as Emilys Law. broadband infrastructure by state law to public or private entities for providing or expanding broadband infrastructure. (g) A dog that is the subject of a dangerous dog investigation may not be relocated and ownership may not be transferred pending the outcome of the investigation and hearing to determine whether to declare the dog to be dangerous. A dog owner may be fined between $2 and $50 for failure to leash the dog. Holding owners responsible | News | cullmantimes.com 3-6A-7. Replacement of certificate and tag. Certificates not complying with the provisions of this section, or certificates issued by those persons unauthorized to administer rabies vaccine, shall not be valid. Jefferson County Municipalities. 90-530, p. 816, 12; Act 2009-636, p. 1949, 1.). All members of the canine family including dog hybrids. Child Abuse/Neglect Reporting - Alabama Department of Human Resources Part 4. No person shall keep any dog which has been known to kill or worry sheep or other stock without being set upon the same. Sign up for our free summaries and get the latest delivered directly to you. View Website View Lawyer Profile Email Lawyer. You might wonder "Why? Email: animalcenter@cityofpellcity.net. Title 3. (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. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. (Acts 1939, No. Animals 3-1-5 - last updated January 01, 2019 3-1-2. 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. View Website View Lawyer Profile Email Lawyer. The administration of rabies vaccine to species other than those for which reliable immunization data is available shall be a violation of this chapter. (10) Person. . Animal Control Services - City of Pell City Alabama 3-1-15 - 3-1-27 omitted because unrelated to dogs. the corporate limits of any city or town in this state that requires a license tag 3-1-4 . Calhoun County Arrest, Court, and Public Records | StateRecords.org Evidence of immunization shall consist of a printed certificate furnished by the Alabama Department of Public Health, upon which shall be legibly inscribed: A description of the animal; its age, color, sex, breed, and tattoo identification, if any; the name and address of the owner; the lot number and type of vaccine used (modified live virus, inactivated virus); the name of the manufacturer, the amount of vaccine injected, and the date after which the animal is no longer considered vaccinated; and a serially numbered tag bearing the same number and year as that of the certificate. 3-7A-5. 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. Rabies vaccine required for any canidae or felidae; applicability. (6) Upon resolution of any criminal charges brought against the owner or keeper of the dog confiscated pursuant to this section, the owner or keeper shall be refunded the amount remaining on any bond posted or funds deposited in accordance with this section not expended for the seizure, care, keeping, or disposal of the dog. Burial or burning of bodies of dead animals generally; burning of hogs dying from cholera, etc. Birmingham School of Law and Thomas Goode Jones School of Law, Faulkner University Jacksonville State University and Gadsden State Community College Alabama. Dummier Young LLC. 3-1-7 . 3-7A-16 . Repealed by Acts 1977, No. Any dog trained to hunt wild game with a handler. Alabama Code 3-1-5 (2017) - Justia Law 90-530, p. 816, 8; Act 2009-636, p. 1949, 1.). 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. (9) Proper enclosure of a dangerous dog. Phone:(205) 814-1567. d. The dangerous dog shall be spayed or neutered. Injury or destruction of dipping vat of another. Code of Alabama. (f) After confiscation the humane society or other animal welfare agency may make application to the circuit court for a hearing to determine whether any animal seized pursuant to subsection (c) shall be humanely destroyed due to disease, injury or lack of any useful purpose because of training or viciousness. Construction with other laws; penalties. Or perhaps, the lack of animal control. 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. Destruction of domesticated species exposed to rabid animal; quarantine as option on recommendation of Department of Public Health. The best way to find an experienced family law attorney in Calhoun County, Alabama is to talk to the law office about your needs. ANIMALS. (2) Hunting dog. 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. (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. 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. Maintenance of pound; notice of impoundment; adoption of animals. (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. The certificate shall be dated and signed by the person authorized to administer the vaccine. 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. Title 3. 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. (2) Attack. Health and Environment. 3-1-5.1. Rabies vaccine required for any canidae or felidae; applicability. Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. It shall be unlawful for any person having knowledge that a human being has been bitten or exposed by a dog, cat, or ferret to fail to notify one or more of the aforementioned officers. The animal control officer shall file a summons for the owner of the dog, if known, with the municipal court or district court. 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. Shirley A. Millwood. (Acts 1935, No. 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. (a) For the purposes of this section, the following terms shall have the following meanings: (1) Agricultural work dog. 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. (b) Nothing in this chapter is designed to abrogate any civil remedies available under statutory or common law. Mr. Howard Wayne East. 90-530, p. 816, 2; Act 2009-636, p. 1949, 1.). Cullman County Animal Control Division Director Tim McKoy said the county has a leash law. 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. Comprehensive lawyer profiles including fees, education, jurisdictions, awards, publications and social media. 3-7A-2 . Anniston, AL - Municode Library the same has been adopted by the county commission of such county. (3) Bitten. 3-1-6 . 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. TITLE 3. An agent of a county or municipality vested with impounding authority for animals covered under this chapter. Council Schedule. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. 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. 45-37A-53.01. (3) To permit any act in violation of subdivisions (1) and (2) of this subsection. 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. Stay up-to-date with how the law affects your life. Violators will . Calhoun County Circuit Clerk's Office. 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. The owner shall be required to obtain a surety bond of at least one hundred thousand dollars ($100,000) and shall provide proof to the court or animal control office. Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. 461, p. 702; Code 1923, 3223; Code 1940, T. 3, 60.). 3-6-2 . (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. Top Criminal Defense Lawyers in Calhoun County, AL | FindLaw 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. Originally called the Alabama Court Clerk's Association, the group was established in 1991. 3-7A-7 . 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. After hearing from residents, the county commission approved the leash law. 3-7A-13 . Alabama Code 45-49-170.03. Leash laws; enforcement 3-1-14. 3-8-1 . Cullman, AL (35055) Today. (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. (c) Nothing in this chapter shall be construed to restrict the power of any county or municipality to adopt and enforce ordinances or regulations that comply with at least the minimum applicable standards set forth in this chapter. Compare 46 attorneys in Calhoun County, Alabama on Justia. (7) Owner. Placement of area under quarantine; additional measures. TITLE 3. Alabama Code Title 45. Local Laws | FindLaw TITLE 9. (Code 1876, 4405; Code 1886, 4171; Code 1896, 5591; Code 1907, 6236; Code 1923, 3219; Code 1940, T. 3, 4.). Replacement of certificate and tag. b. Calhoun County Alabama c. Provides adequate ventilation and protection from the elements. Relation to Volunteer Service Act. 3-7A-10 . 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. 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. Dog Leash Laws - State-by-State Requirements - Edgar Snyder 3-1-13 . (Acts 1993, No. 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. 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. 3-1-12. Taken into the custody of law enforcement, the county pound, or an animal control authority or provider of animal control services to the municipality or county where the dangerous dog is found. Duties of animal control officer. Upon a finding by the court that the seized animals are diseased, injured, or lack any useful purpose due to training or viciousness, it shall be within the authority of the humane society or other animal welfare agency to humanely destroy such animal. City of Madison adopts new animal tethering ordinance ANIMALS. Birmingham. Calhoun County struggling over animal control -- or the lack of it - al.com 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. Reasonable costs shall include, but not be limited to, transportation, food, shelter, and care, including veterinary care. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. (h) The court hearing shall be held as soon as practicable. 3-1-29. Chapter 8. 82- 626, p. Read this complete Alabama Code Title 3. 2023 Michigan State University College of Law. Applications shall be provided to the chair of each county board of health during the month of November. 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. Attorney Ratings. Maintenance of pound; notice of impoundment; adoption of animals. 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. When the sworn statement claims that a dog has caused serious physical injury or death to a person, the duties of the animal control officer, including, but not limited to, the dangerous dog investigation, shall be carried out by a law enforcement officer. View Website View Lawyer Profile Email Lawyer. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Animals 3-1-5 on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. Aggressive physical contact by a dog. 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. 3-7A-10. 3-7A-9. The court shall award the animals to the humane society or other agency handling stray animals. CHAPTER 11. The surrender shall not be considered a presumption of guilt. (Acts 1990, No. Calhoun County, Alabama. How to Find Sex Offender Information. Chapter 37A. 3-7A-8 . Destruction of impounded dogs and cats; when authorized; redemption by owner; sale of impounded animals. The bond or deposited funds shall be ordered posted in 30-day increments until such time as the case that was the cause of the dog being confiscated is resolved. 3-1-10 . For dogs that haven't been. (Acts 1990, No. Calhoun County, AL Family Law Attorney. 607, p. 812, 9901, as amended, effective January 1, 1980. ; failure to burn or bury dead animal, etc. When dogs permitted in areas; liability of owners of dogs at large in areas. 9 sec. If the court determines by reasonable satisfaction that the dog has such a propensity, the court may order the dog to be humanely euthanized by a licensed veterinarian or an authorized animal control officer or the court may order the dog be returned to its owner pursuant to all of the following conditions: a. Any person violating this section shall be guilty of a misdemeanor and shall be 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. 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. 3-1-2 . (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. (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. The Calhoun County Commission would like to welcome you to the Calhoun County WEB site and hope you will return often. Rabies; Title 3. 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. 2. Killing or disabling livestock; penalty. Those members of the canine family maintained by governmental agencies for exclusive use in official duties assigned to those agencies. Penalty for dog or cat without tag or certificate. TITLE 3. (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. Animals. Calhoun County Family Attorneys - LII Alabama Attorney Directory 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. Article 5. Destruction of certain abandoned animals by members, etc., of societies for prevention of cruelty to animals. Criminal Defense Lawyers Serving Calhoun County, AL (Gardendale) Additional Office Locations. Destruction of domesticated species exposed to rabid animal; quarantine as option on recommendation of Department of Public Health. The affidavit or testimony of the health officer or his or her authorized agent, who delivers or mails the instructions, shall be prima facie evidence of the receipt of such instructions by the owner of the animal. 90-530, p. 816, 9; Act 2009-636, p. 1949, 1.). AL - Dog - Consolidated Dog Laws | Animal Legal & Historical Center 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. The form must be filled out completely before returning to the Calhoun County Probate Office. on which such dog or dogs is or are regularly kept. Rain. 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. (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. (8) Impounding officer. 3-6A-8. (8) Physical injury. WILDLIFE MANAGEMENT AREAS. The owner of the dog, if known, shall be served with a copy of the petition. Nothing in this chapter shall be construed to repeal other criminal laws. AL 35128. this Section. 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. Any person who hunts, pursues, captures or kills a wild turkey in this state with the aid of a dog at any time shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $25.00 nor more than $50.00 for each offense. An injury as defined in Section 13A-1-2. Even if you plan to work with a lawyer, it's smart to do some research before . TITLE 9. It requires dogs be confined to owner's property. Local Laws. (Code 1867, 1296; Code 1876, 1601; Code 1886, 1379; Code 1896, 421; Code 1907, 2832; Code 1923, 6072; Code 1940, T. 3, 1.). 84-796, p. 206; Act 2011-542, 1.). Chapter 6. High 59F. 3-7A-7. The compensation of the rabies officer and his or her deputies shall be limited to the fees collected from enforcement of this chapter. If the humane society determines that the animal cannot be sold, it may cause the animal to be otherwise disposed of. In extreme situations, the State Health Officer may place the area under quarantine without waiting for local request. 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. 3-7A-2. Seeing eye dogs shall be included within the meaning of this definition. 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. 668, p. 1061, 8; Code 1940, T. 8, 110(8); Act 2019-369, 1.). CALHOUN COUNTY, ALABAMA NOVEMBER 8, 2022 ABSENTEE OFFICIAL BALLOT BALLOT STYLE - 1 GENERAL AND CONSTITUTIONAL AMENDMENT ELECTION CALHOUN COUNTY, ALABAMA . 90-530, p. 816, 7; Act 2009-636, p. 1949, 1.). 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. (Code 1907, 2471; Code 1923, 5679; Code 1940, T. 3, 6.). (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. The surety bond required by subparagraph 1. shall provide coverage for dog bites, injuries, or death caused by the dog. Government, Calhoun County, Alabama. (Ala. Code 1975 3-1-29), 3-5-3. Contact information is as follows: Calhoun County Animal Control 3605 Morrisville Rd Anniston, AL 36201 Phone: 256-241-2929 animalcontrol@calhouncounty.org 9 sec. 3-6A-6. Licensed to practice law in Georgia and Florida in 1994. 3-7A-9 . 3-1-3 . 9 sec. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Is capable of being locked with a key or combination lock when the dog is within the structure. 3-6-2. 607, p. 812, 9901, as amended, effective January 1, 1980. FISH, GAME, AND WILDLIFE. Local laws, such as local animal control ordinances, are part of a city and/or county code. The bond extension shall be considered in accordance with the procedures set forth in subsection (g). Mayor (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. (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. 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. LawServer is for purposes of information only and is no substitute for legal advice. Cruelty to animals. 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. Unlawful or malicious killing, injury, etc., of dog of another. 607, p. 812, 9901, as amended, effective January 1, 1980. f. The enclosure shall be locked at all times while the dog is inside the enclosure.

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