calhoun county alabama leash law
(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. (3) Bitten. 668, p. 1061, 6; Code 1940, T. 8, 110(6).). Local Laws Current as of January 01, 2019 | Updated by FindLaw Staff Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (b) When a dog, cat, or ferret has no owner as determined by the rabies officer or the health officer after reasonable investigation, or if the owner of a dog, cat, or ferret agrees in writing, or if ordered by the health officer, the animal shall be humanely destroyed immediately after the exposure and the head shall be submitted for rabies examination to the state health department laboratory. 3-1-7. 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. Copyright 2023, Thomson Reuters. (Acts 1915, No. 9 sec. (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. (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. Is capable of being locked with a key or combination lock when the dog is within the structure. 9-11-305. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. Contact information is as follows: Calhoun County Animal Control 3605 Morrisville Rd Anniston, AL 36201 Phone: 256-241-2929 animalcontrol@calhouncounty.org (d) In the event the dangerous dog investigation leads the animal control officer to believe the allegation is unfounded, the animal control officer shall advise the complainant of his or her findings and the animal control officer shall submit the results of the investigation to his or her supervisor. 607, p. 812, 9901, as amended, effective January 1, 1980. 3-1-29. (Code 1907, 2470; Code 1923, 5678; Code 1940, T. 3, 3.). 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. 3-1-10 . (7) Immunization against rabies. (Acts 1915, No. 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. 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. 2. Code of Alabama. Repealed by Acts 1977, No. Local Laws. 3-1-11.1 . (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. (2) Attack. 3-7A-9. 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. 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. Section 3-1-5 - Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. [ 3-1-15 - 3-1-27 omitted because unrelated to dogs]. Alexandria, AL 36250. The court may correct, alter, or otherwise adjust the bond or funds to be deposited upon a motion made before the expiration date of the previous bond or deposit of funds. 3-1-6 . Stay up-to-date with how the law affects your life. In that instance, a new certificate marked duplicate may be issued and distributed according to Section 3-7A-2. Repealed by Acts 1977, No. (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. (b) This section shall not apply to the running at large of any dog or dogs within 3-1-13. 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. Injury or destruction of dipping vat of another. Destruction of certain abandoned animals by members, etc., of societies for prevention of cruelty to animals. 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. 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. 3-7A-7 . 3-6-2. 9-11-306. 3-7A-10 . (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. The owner of such dog shall, however, be entitled to plead and prove in mitigation of damages that he had no knowledge of any circumstances indicating such dog to be or to have been vicious or dangerous or mischievous, and, if he does so, he shall be liable only to the extent of the actual expenses incurred by the person so bitten or injured as a result of the bite or injury. 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 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). Maintenance of pound; notice of impoundment; adoption of animals. 3-1-28 . 3-1-13 . 9-11-306 . (2) If the court determines that the dog is dangerous, but has not caused serious physical injury or death to a person, the court shall determine whether the dog has a propensity to cause future serious physical injury or death. Courts in Calhoun County, Alabama. Sign up for our free summaries and get the latest delivered directly to you. CHAPTER 8. (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. (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. 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. 2 - Removal of County Seats, Texas Constitution Art. You might wonder "Why? 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. Repealed by Acts 1977, No. Birmingham School of Law and Thomas Goode Jones School of Law, Faulkner University. 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. 3-1-2. 82-461, p. 739; Acts 1984, 1st Ex. Birmingham School of Law and Thomas Goode Jones School of Law, Faulkner University Jacksonville State University and Gadsden State Community College Alabama. With the new state law, Bannister said it is important to remember that all dog owners in Cullman are required to purchase a one-time city license for each dog owned. Local laws, such as local animal control ordinances, are part of a city and/or county code. (1) As part of this petition, the state or entity holding the dog may seek an extension of any bond ordered by the judge under subsection (g), pending resolution of the civil forfeiture petition filed pursuant to this subsection. You're all set! 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. 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. Placement of area under quarantine; additional measures. Horse show, rodeo, or dog and pony shows (Ala.Code 1975 40-12-111), Chapter 9. (2) In lieu of the investigation, the owner of the alleged dangerous dog may consent to the dog being humanely euthanized. (3) The owner or keeper may choose at any time to surrender the dog to the local animal shelter or other animal housing facility holding the dog. 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. Get free summaries of new opinions delivered to your inbox! 607, p. 812, 9901, as amended, effective January 1, 1980. Hogs dying from cholera or any other disease whatsoever shall be burned. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 3-1-7 . Contact the AL Dept. LawServer is for purposes of information only and is no substitute for legal advice. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. (Acts 1982, No. 3-1-14 . (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. (Code 1907, 2471; Code 1923, 5679; Code 1940, T. 3, 6.). The Petitioner must be a legal resident of Calhoun County and age 19 or older. 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. 3-7A-10. 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. 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. Unlawful or malicious killing, injury, etc., of dog of another. (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. Isn'tit better if dogs run wild and just have fun?" Uh -- no! 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. Alabama law does not make this action a crime, although theft or property damage laws may apply. 3-1-12. Family, Bankruptcy, Business and Divorce. The county commission shall be empowered to adopt and enforce a leash law in the unincorporated areas of the county and if it deems necessary it may enter into a contract with an incorporated municipality in the county for enforcement of such law. Sworn statement; dangerous dog investigation; hearing; procedures. View Website View Lawyer Profile Email Lawyer. Residents in Alabama, home to many pecan and oak trees, can recover additional damages if someone deliberately damages their tree. A signed paper copy of the certificate prescribed herein shall be delivered to the owner of the animal immunized. Chapter 37A. (c) For purposes of this section, livestock is defined as equine or equidae, cows, swine, goats, and sheep. 3-7A-9 . ANIMALS. All members of the ferret (Mustela putorius furo) family. 4 - County-Wide Hospital Districts in Certain Large Counties. 3-8-1. 90-530, p. 816, 8; Act 2009-636, p. 1949, 1.). Repealed by Acts 1977, No. Cullman, AL (35055) Today. 90-530, p. 816, 3; Act 2009-636, p. 1949, 1.). Alabama/ Title 45. 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. 3-1-5 . 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. 3-7A-6. Construction and application of chapter. 3-1-28. Email: animalcenter@cityofpellcity.net. Activities relating to fighting of dogs prohibited; violations; confiscation; procedures for disposition of animals; bond for the care of seized dog; forfeiture. 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. Activities relating to fighting of dogs prohibited; violations; confiscation; procedures for disposition of animals; bond for the care of seized dog; forfeiture. Calhoun County uses the latest encryption technology to safeguard information entered into the system. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. c. The animal control officer shall send a copy of the investigation report to the county attorney, municipal attorney, or municipal prosecutor. (e) Instructions for the quarantine of the offending animal shall be delivered in person or by telephone or facsimile to the owner by the health officer or his or her authorized agent. 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. Any dog trained to hunt wild game with a handler. View Website View Lawyer Profile Email Lawyer. 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. 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. Title 3. 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. An additional paper copy or electronic copy or listing shall be provided to the local rabies enforcement authority upon request by the authority and in the manner as so requested. 3-6A-8. (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. Alabama Leash Law Dogs are not permitted to run at large in Alabama. (Acts 1990, No. The court shall set a hearing date not more than 30 days from the filing of the application and shall give notice of the same to the owners of the animals. (Acts 1935, No. (Acts 1990, No. 3-1-15 - 3-1-27 omitted because unrelated to dogs. 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. Violators will . or persons having such dog or dogs in his or their charge from allowing such dog or Rain. (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. After hearing from residents, the county commission approved the leash law. (b) If a dog that has not been declared by a court to be dangerous, when unjustified, attacks and causes serious physical injury or death to a person, and the owner of the dog had prior knowledge of the dangerous propensities of the dog, yet demonstrated a reckless disregard of the propensities under the circumstances, the owner of the dog shall be guilty of a Class C felony. The owner of the dog, if known, shall be served with a copy of the petition. CHAPTER 1. Notice of such rules and regulations shall be given by publication 30 days before the effective date. Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. 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. Universal Citation: AL Code 3-1-5 (2017) Section 3-1-5 Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns.
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