It is unlawful for the owner to sell, give away, transfer to another location, or otherwise dispose of any animal that is known to have bitten or exposed a human being until it is released from quarantine by the rabies officer, duly licensed veterinarian, or by the appropriate health officer. f. The enclosure shall be locked at all times while the dog is inside the enclosure. Prev Next 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. 3-6-2. (Acts 1990, No. Injury or destruction of dipping vat of another. If the dog is impounded with a veterinarian chosen by the owner of the dog, the owner of the dog shall be liable for paying to the veterinarian the cost and expenses incurred in impounding, feeding, and providing veterinary care or treatment for the dog. 3-1-7 . Liability of owner, etc., for injuries caused by rabid dog. Their vote makes the state law applicable to Elmore County. Alabama: Calhoun County Circuit Court 25 W 11th St, Anniston, AL 36201 Phone: (256) 231-1750. 3-7A-8. MADISON, Ala. - The City of Madison has a new animal tethering ordinance in place. Killing or disabling livestock; penalty. Permitting dog or hog known to kill, etc., sheep, domestic fowl, etc., to run at large. 3-1-11.1. Unlawful or malicious killing, injury, etc., of dog of another. (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. (6) Health officer. dogs to accompany such owner or other person or persons elsewhere than on the premises 3-7A-5. (Acts 1919, No. Criminal Defense Lawyers Serving Calhoun County, AL (Gardendale) Additional Office Locations. (Acts 1990, No. Every municipality with a population over 5,000 in which the county pound is not located shall maintain a suitable pound or contribute their pro rata share to the staffing and upkeep of the county pound. ABA Votes To Keep Admission Tests Requirement Destruction of impounded dogs and cats; when authorized; redemption by owner; sale of impounded animals. The administration of rabies vaccine to species other than those for which reliable immunization data is available shall be a violation of this chapter. 3-1-1. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. The filing fee is $65.00 Minor Name Changes You will need to contact an attorney for a minor name change (4) At the end of the time for which expenses are covered by the bond or deposit of funds, if the owner or keeper fails to post a new bond or deposit new funds with the clerk of the court, which must be received before the expiration date of the previous bond or deposit of funds, then the dog shall be forfeited by operation of law. (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 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. Title 3. At the hearing, the county attorney, municipal attorney, or municipal prosecutor shall present evidence that the dog is dangerous. Activities relating to fighting of dogs prohibited; punishment; confiscation; procedures for disposition of animals. WILDLIFE MANAGEMENT AREAS. Contact information is as follows: Calhoun County Animal Control 3605 Morrisville Rd Anniston, AL 36201 Phone: 256-241-2929 animalcontrol@calhouncounty.org (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. 607, p. 812, 9901, as amended, effective January 1, 1980. d. The dangerous dog shall be spayed or neutered. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. CHAPTER 11. There's a simmering controversy in Calhoun County over animal control. Get free summaries of new opinions delivered to your inbox! CHAPTER 11. 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. 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. 3-7A-2. Sworn statement; dangerous dog investigation; hearing; procedures. (Acts 1915, No. Impoundment of dogs; redemption or destruction of impounded dogs. 9-11-307 . 3-1-9 . 3-7A-2 . (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. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. 3-6A-8. 3-1-10. (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. Alabama law is clear on reporting abuse and neglect of children under the age of 19. We intend to make this a site which will benefit each and every citizen of Calhoun County by providing valuable information into the day-to-day operation of your county government. Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. 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. Article 5. (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. 9 sec. Repealed by Act 2015-70, 1(12), effective April 21, 2015. If any dog shall, without provocation, bite or injure any person who is at the time at a place where he or she has a legal right to be, the owner of such dog shall be liable in damages to the person so bitten or injured, but such liability shall arise only when the person so bitten or injured is upon property owned or controlled by the owner of such dog at the time such bite or injury occurs or when such person has been immediately prior to such time on such property and has been pursued therefrom by such dog. (Acts 1990, No. 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. Penalties for violations of provisions of article, etc. Please be assured that your information will remain confidential and will not be shared. Chapter 8. 3-7A-9. 3-7A-16. 9-11-307. Activities relating to fighting of dogs prohibited; violations; confiscation; procedures for disposition of animals; bond for the care of seized dog; forfeiture. 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. 3-1-5.1. 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. It must be notarized outside the Calhoun County Probate Office. CHAPTER 6. 90-530, p. 816, 1; 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. 3-7A-13. This is a secure site. (5) Has been exposed. 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. Cruelty to animals. . Anyone currently owning or maintaining such animal may keep the animal for the length of the animal's life providing the animal is spayed or neutered and is registered with the Department of Agriculture and Industries. No such animal shall be burned or buried sufficiently near a residence or residences as to create a nuisance. Nearly every administrationin the country has a leash law. 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. Copyright 2023, Thomson Reuters. . Before you file legal papers, take some time to familiarize yourself with the resouces offered by your local court. Cruelty to animals. Contact us. Where there is no local authority having jurisdiction (AHJ), the default code enforcement is by the State Fire Marshal. Destruction of certain abandoned animals by members, etc., of societies for prevention of cruelty to animals. Even if you plan to work with a lawyer, it's smart to do some research before . 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. In the event a tag or certificate is lost after it has been legally issued, every replacement thereof shall be upon such terms as may be agreed upon with the rabies officer or veterinarian by whom the animal has been immunized. 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 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. (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. 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. 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. Kim McCarson, Circuit Clerk. 3-1-11 . 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. Calhoun County, AL Family Law Attorney. (11) Quarantine for rabies observation. Hunting and Trapping of Birds and Game. Relation to Volunteer Service Act. Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same. 3-6-1. (a) Any person, who unlawfully, wantonly, or maliciously kills, disables, disfigures, destroys, or injures the livestock of another while the livestock is on the premises of the owner of the livestock or on the premises of a person having charge thereof shall be guilty of a Class C felony. Title 3. (Acts 1967, No. Jefferson County Municipalities. ANIMALS. 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. Chapter 7A. (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. [ 3-1-15 - 3-1-27 omitted because unrelated to dogs]. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. You're all set! Penalties for violations of provisions of article, etc. 3-1-12. An injury as defined in Section 13A-1-2(12). Compare 46 attorneys in Calhoun County, Alabama on Justia. 3-7A-7. 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. 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. (Code 1907, 2470; Code 1923, 5678; Code 1940, T. 3, 3.). 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). 9-11-306 . Read this complete Alabama Code Title 3. County rabies officer; application; appointment; term; powers and duties; authority of county board of health. Injury or destruction of dipping vat of another. 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. e. The owner of the dangerous dog shall be required to pay all expenses involved with the investigation, pickup, and impoundment, and any court costs or fees related to the hearing to determine whether the dog is dangerous. Violators will . ANIMAL. Burial or burning of bodies of dead animals generally; burning of hogs dying from cholera, etc. Pell City does have a leash law, a vicious animal ordinance, and requires owners to be in control of their pets at all times. CALHOUN COUNTY, ALABAMA NOVEMBER 8, 2022 ABSENTEE OFFICIAL BALLOT BALLOT STYLE - 1 GENERAL AND CONSTITUTIONAL AMENDMENT ELECTION CALHOUN COUNTY, ALABAMA . Sess., No. Section 3-1-5 - Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. (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. After hearing from residents, the county commission approved the leash law. 518, p. 1242; Act 99-698, 2nd Sp. 3-1-13. Article 8. Family Court Divisions: 256-231-1740, Suite 500. Activities relating to fighting of dogs prohibited; violations; confiscation; procedures for disposition of animals; bond for the care of seized dog; forfeiture. 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. Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. (256) 847-3777 8385 Alabama Highway 144. 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. (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. CHAPTER 1. Council Schedule. (Acts 1990, No. 90-530, p. 816, 8; Act 2009-636, p. 1949, 1.). 3-7A-11 . 3-1-5. 607, p. 812, 9901, as amended, effective January 1, 1980. 3-1-2 . Get Help With Alabama Child Custody. 3-1-8. 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. Animals. (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. f. The owner of the dangerous dog shall be required to pay an annual dangerous dog registration fee of one hundred dollars ($100) to the county or municipality for a dog deemed dangerous by a court or pay a penalty of one hundred dollars ($100) to the county or municipality for non-registration within two weeks. An injury as defined in Section 13A-1-2. Destruction of domesticated species exposed to rabid animal; quarantine as option on recommendation of Department of Public Health. (Code 1896, 422; Code 1907, 2833; Code 1923, 6074; Code 1940, T. 3, 7.). 383, p. 813, 8; Code 1940, T. 8, 89.). 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. The Petitioner must be a legal resident of Calhoun County and age 19 or older. 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. (10) Serious physical injury. (Acts 1990, No. TITLE 9. Stay up-to-date with how the law affects your life. The State Health Officer or any county health officer as defined in Section 22-3-2, or his or her designee. 9 sec. (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. You might wonder "Why? Winds NE at 5 to 10 mph. 3-7A-7 . Courts in Calhoun County, Alabama. Applications shall be provided to the chair of each county board of health during the month of November. For the purposes of this chapter, the following words shall have the following meanings: (1) Animal control officer. 90-530, p. 816, 5; Act 2009-636, p. 1949, 1.). How to Find Sex Offender Information. Chapter 6. (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. Any person violating this section shall be guilty of a misdemeanor and shall be 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. Any person violating this article or any rule adopted by the Commissioner of the Department of Conservation and Natural Resources under the authority of this article shall be guilty of a Class C misdemeanor, punishable as provided by law, except that the minimum fine shall not be less than one hundred dollars ($100).Credits(Acts 1939, No. Penalty for dog or cat without tag or certificate. (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. 3-7A-5 . 3-1-28. 4 - County-Wide Hospital Districts in Certain Large Counties. Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same. The surrender shall not be considered a presumption of guilt. The best way to find an experienced family law attorney in Calhoun County, Alabama is to talk to the law office about your needs. (b) An animal control officer may initiate a dangerous dog investigation in cases where a complaint has been made pursuant to subsection (a) and a person has been bitten, received physical injury or serious physical injury, or has died. (Ala. Code 1975 3-1-29), 3-5-3. Mr. Howard Wayne East. 90-530, p. 816, 10; Act 2009-636, p. 1949, 1.). this Section. Local Laws. 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. 82- 626, p. 93-719, p. 1406, 1-3; Act 2004-627, p. 1421, 1.). 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. Dummier Young LLC. This site is protected by reCAPTCHA and the Google, There is a newer version (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. Residents in Alabama, home to many pecan and oak trees, can recover additional damages if someone deliberately damages their tree. Phone:(205) 814-1567. 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. When person deemed lawfully on property of owner of dog. 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. CHAPTER 8. Sign up for our free summaries and get the latest delivered directly to you. (b) This section shall not apply to the running at large of any dog or dogs within 90-530, p. 816, 11; Act 2009-636, p. 1949, 1.). All members of the domesticated canine (Canis familiaris) family. (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. (Code 1876, 4405; Code 1886, 4171; Code 1896, 5591; Code 1907, 6236; Code 1923, 3219; Code 1940, T. 3, 4.).
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