Unauthorized access or use is not permitted and constitutes a crime punishable by law. The filing fee is $65.00 Minor Name Changes You will need to contact an attorney for a minor name change Animals. 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. 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. (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. 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. (Acts 1990, No. (Code 1876, 4411; Code 1886, 3871; Code 1896, 5092; Code 1907, 6231; Code 1923, 3213; Code 1940, T. 3, 10.). At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. (9) Proper enclosure of a dangerous dog. (Acts 1982, No. 3-1-8 . 3-1-6 . All members of the domesticated feline (Felis catus) family. It requires dogs be confined to owner's property. No such animal shall be burned or buried sufficiently near a residence or residences as to create a nuisance. (2) Attack. 3-7A-10 . 607, p. 812, 9901, as amended, effective January 1, 1980. Individuals, firms, partnerships, and associations. Part 4. Horse show, rodeo, or dog and pony shows (Ala.Code 1975 40-12-111), Chapter 9. (10) Serious physical injury. A LeashLaw is one that prohibits dog owners from letting their dogs run loose,meaning dogs must always be confined or leashed. c. The owner of the dangerous dog shall provide a copy of the certificate of the current rabies vaccination of the dog. Alabama Code 45-49-170.03. Alabama: Calhoun County Circuit Court 25 W 11th St, Anniston, AL 36201 Phone: (256) 231-1750. 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. Chapter 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. 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. 9-11-305. Chance of rain 80%.. . 90-530, p. 816, 14; Act 2009-636, p. 1949, 1.). Cullman County Animal Control Division Director Tim McKoy said the county has a leash law. 3-1-3. 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. (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. Relation to Volunteer Service Act. Animal advocates in the county say the there's no animal control officer to pick. 2023 LawServer Online, Inc. All rights reserved. 3-1-7 . 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. (Acts 1919, No. ANIMALS. e. The enclosure shall be constructed to allow the dog to stand normally and without restriction and shall be not less than four times the length of the dog and two times the width of the dog. 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. Licensed to practice law in Georgia and Florida in 1994. Penalty for dog or cat without tag or certificate. Sess., p. 207, 1.). 1. review. Comprehensive lawyer profiles including fees, education, jurisdictions, awards, publications and social media. 82-461, p. 739; Acts 1984, 1st Ex. The court shall set a hearing date no more than 10 days from filing of the application and shall give notice of the same to the owner or keeper of the dog. 90-530, p. 816, 8; Act 2009-636, p. 1949, 1.). Birmingham School of Law and Thomas Goode Jones School of Law, Faulkner University. When dogs permitted in areas; liability of owners of dogs at large in areas. 3-1-10. 3-6A-7. 3-7A-7 . 3-7A-6. ; failure to burn or bury dead animal, etc. Liability of Owners of Dogs Biting or Injuring Persons; Title 3. 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. ANIMALS. or dogs is or are regularly kept. 2. 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. Graduated from Cumberland School of Law, Birmingham, Alabama in 1994. (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. (2) Hunting dog. It ensures that you can not restrain pets with a leash or tether unless you are outside watching them. [ 3-1-15 - 3-1-27 omitted because unrelated to dogs]. All members of the domesticated canine (Canis familiaris) family. 3-1-12. (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. Maintenance of pound; notice of impoundment; adoption of animals. Impoundment of dogs; redemption or destruction of impounded dogs. (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. (2) In lieu of the investigation, the owner of the alleged dangerous dog may consent to the dog being humanely euthanized. 3-1-10 . The necessary expenses incurred for the care and keeping of the animal after such notice by the humane society shall be a lien thereon and, if the animal is not reclaimed within 10 days from the giving of such notice, the humane society may sell the animal to satisfy such lien. 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 form must be filled out completely before returning to the Calhoun County Probate Office. 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. Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. CONSERVATION AND NATURAL RESOURCES. Alabama/ Title 45. Any person violating this section shall be guilty of a misdemeanor and shall be (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. Every lawyer is a little different and you may want to find the best family lawyer to address your individual situation. Please call your County Department of Human Resources or local law enforcement agency to report suspected abuse or neglect. The owner shall provide proof of the surety bond each time the annual dangerous dog registration fee is paid. 3-7A-9 . LawServer is for purposes of information only and is no substitute for legal advice. James Vercell Seal. 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. Section 3-1-5 - Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. (10) Person. No person shall keep any dog which has been known to kill or worry sheep or other stock without being set upon the same. 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. (3) To permit any act in violation of subdivisions (1) and (2) of this subsection. You can explore additional available newsletters here. (Proposed by Act 2022-117) YES NO S TA EWI DM N 3 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. Nothing in this chapter shall be construed to repeal other criminal laws. (Acts 1990, No. 1 - Creation and Modification of Counties, Texas Constitution Art. Provided, however, the owner has the option of quarantining the animal or animals based on the recommendations of the Alabama Department of Public Health upon consultation with the U.S. Public Health Service. Entered active duty in the United States Army . (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. (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. Code of Alabama. Calhoun County, AL Attorney. 9 sec. Title 3. 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 impounded dogs and cats; when authorized; redemption by owner; sale of impounded 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. 3-7A-7. 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. 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. Article 5. 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. (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. Council Schedule. (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. (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. (e) In addition to any fines imposed by the court, a person guilty of violating subsection (a), (b), (c), or (d) shall pay all expenses, including, but not limited to, shelter, food, veterinary expenses for boarding, and veterinary expenses necessitated by impoundment of the dog, medical expenses incurred by a victim from an attack by a dangerous dog, and other expenses required for the destruction of the dog. 45-37A-53.01. Alabama Law Enforcement Agency Criminal Records and Identification Unit P.O. 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. Injury or destruction of dipping vat of another. Repealed by Acts 1977, No. (f)(1) When a dog declared to be dangerous is outside and not contained in the proper enclosure of a dangerous dog pursuant to Section 3-6A-3, the owner of the dangerous dog shall be present and shall restrain the dangerous dog with a secure collar and leash. ABA Votes To Keep Admission Tests Requirement RABIES VACCINE. 9-11-306. Where there is no local authority having jurisdiction (AHJ), the default code enforcement is by the State Fire Marshal. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. (256) 403-0521. (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. 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. Shirley A. Millwood. For dogs that haven't been. Hogs dying from cholera or any other disease whatsoever shall be burned. Injury or destruction of dipping vat of another. (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) If the state meets its burden at the forfeiture hearing, the judge shall order the owner or keeper to forfeit ownership of the dog. . (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. 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. this Section. The owner of a dog in violation of the leash law can be subject to a misdemeanor offense and payment of a fine of $2.00 to $50.00 if a warrant is processed against them. Cruelty to animals. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. High 59F. 3-7A-11 . Killing or disabling livestock; penalty. (Ala. Code 1975 3-1-29), 3-5-3. (d) It shall be a violation of this chapter for the owner of such an animal to refuse to comply with the lawful order of the health officer in any particular case. Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same. 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. Calhoun County, AL Attorney. . Permitting dog or hog known to kill, etc., sheep, domestic fowl, etc., to run at large. Box 1511 Montgomery, AL 36102-1511. 3-1-1 . Repealed by Acts 1977, No. View Website View Lawyer Profile Email Lawyer. 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. Calhoun County, Alabama. (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. fined not less than $2.00 nor more than $50.00. 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. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Penalty for dog or cat without tag or certificate. Has secure sides and a secure top attached at all sides. WILDLIFE MANAGEMENT AREAS. Get Help With Alabama Child Custody. 3-1-28 . All rights reserved. Animals 3-1-5 - last updated January 01, 2019 (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. 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. Construction and application of chapter. (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. 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. Hunting, etc., of wild turkeys with dogs. (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. LIABILITY OF OWNERS OF DOGS BITING OR INJURING PERSONS. Permitting dog or hog known to kill, etc., sheep, domestic fowl, etc., to run at large. (8) Impounding officer. 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. 3-1-5. CHAPTER 1. 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). of Current as of January 01, 2019 | Updated by FindLaw Staff. (Code 1896, 422; Code 1907, 2833; Code 1923, 6074; Code 1940, T. 3, 7.). 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. 9-11-306 . Notice of such rules and regulations shall be given by publication 30 days before the effective date. 9-11-307. (c) The county health department is authorized to promulgate and enforce any reasonable rules and regulations necessary to implement this section. 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. Cullman, AL (35055) Today. 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. (Acts 1990, No. For the purpose of this chapter a person shall be considered to be lawfully upon the private property of the owner of such dog when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws of the United States or the postal laws and regulations of the United States, when reading meters, when delivering milk, when making repairs to any public utility or service upon said premises or when on such property upon the invitation, either expressed or implied, of the owner or lessee of such property. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. 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. Dogs and cats to be immunized; certificate; validity; to whom sale, etc., of vaccine may be made. Aggressive physical contact by a dog. Ala. Code 1975 3-1-1 - 29; 3-6-1 - 4; 3-6A-1 - 8; 3-7A-1 - 16; 3-8-1; 9-11-305 - 307; 9-11-238; 45-37A-53.01, AL ST 3-1-1 - 29; 3-6-1 - 4; 3-6A-1 - 8; 3-7A-1 - 16; 3-8-1; 9-11-305 - 307; 9-11-238; 45-37A-53.01. There is 1 Court per 16,503 people, and 1 Court per 86 square miles. (a) For the purposes of this section, the following terms shall have the following meanings: (1) Agricultural work dog. Mayor Rabies vaccine required for any canidae or felidae; applicability. 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; Title 3. Rabies vaccine required for any canidae or felidae; applicability. 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. CHAPTER 6. Leash laws; enforcement LawServer. 3-1-15 - 3-1-27 omitted because unrelated to dogs. 3-1-11.1 . 185, p. 259; Code 1923, 3221; Code 1940, T. 3, 5.). Animals 3-1-6 on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (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. Sess., No. broadband infrastructure by state law to public or private entities for providing or expanding broadband infrastructure. Sterilization of Dogs and Cats. (2) An owner of a dog declared to be dangerous who violates subdivision (1) shall be guilty of a Class C misdemeanor, except that a second or subsequent adjudication or conviction is a Class B misdemeanor.