Comprehensive lawyer profiles including fees, education, jurisdictions, awards, publications and social media. (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. (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. Individuals, firms, partnerships, and associations. (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. All dogs, cats, and ferrets which have been impounded in accordance with the provisions of this chapter, after notice is given to the owner as provided in Section 3-7A-7, may be humanely destroyed and disposed of when not redeemed by the owner within seven days. Their vote makes the state law applicable to Elmore County. 3-1-7 . 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. No conviction must be had, if it is shown that, before the commencement of the prosecution, compensation for the injury was made or tendered to the owner. Calhoun County District CourtUnlawful Detainer/Eviction Procedures. (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. 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. CHAPTER 1. . 3-7A-16 . 3-1-3. FISH, GAME,AND WILDLIFE. or persons having such dog or dogs in his or their charge from allowing such dog or Aggressive physical contact by a dog. 90-530, p. 816, 2; Act 2009-636, p. 1949, 1.). 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. 9-11-305. Applications for this position may be received from any duly licensed veterinarian residing within the county, or in the event that no applications are received, from the Alabama Veterinary Medical Association. 3-1-11 . (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. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. 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. Liability of Owners of Dogs Biting or Injuring Persons; Title 3. (Acts 1915, No. Read this complete Alabama Code Title 3. You might wonder "Why? (h) If any dog owner is convicted under subsection (a) or (b), the animal or animals shall be awarded to the local humane society or other animal welfare agency. 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. Cite this article: FindLaw.com - Alabama Code Title 3. Originally called the Alabama Court Clerk's Association, the group was established in 1991. It must be notarized outside the Calhoun County Probate Office. 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. Activities relating to fighting of dogs prohibited; punishment; confiscation; procedures for disposition of animals. 3-7A-6 . The officer so taking such animal shall at the time of taking the animal give written notice to the owner or person from whose custody it was taken. (3) To permit any act in violation of subdivisions (1) and (2) of this subsection. Repealed by Acts 1977, No. Certificates not complying with the provisions of this section, or certificates issued by those persons unauthorized to administer rabies vaccine, shall not be valid. Any expenses incurred in the quarantine of the offending animal under this section and Section 3-7A-8 shall be borne by the owner. Prev Next (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. All members of the canine family including dog hybrids. Birmingham School of Law and Thomas Goode Jones School of Law, Faulkner University Jacksonville State University and Gadsden State Community College Alabama. 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. Animals. 3-1-10. Impoundment of dogs; redemption or destruction of impounded dogs. Nothing in this chapter shall be construed to repeal other criminal laws. When collected, the said penalty shall accrue to the rabies officer or his agent, except in the case of a rabies officer employed full- time on salary, in which case the penalty shall accrue to the employing agency or agencies. 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. The Legislature finds that certain dogs are an increasingly serious and widespread threat to the safety and welfare of citizens of this state by virtue of their unjustified attacks on and associated injury to individuals; that these attacks are in part attributable to the failure of owners to confine and properly train and control these dogs; that existing laws inadequately address this problem; and that it is therefore appropriate and necessary to impose a uniform set of state requirements on the owners of dangerous dogs. A LeashLaw is one that prohibits dog owners from letting their dogs run loose,meaning dogs must always be confined or leashed. | https://codes.findlaw.com/al/title-3-animals/al-code-sect-3-1-5/. LIABILITY OF OWNERS OF DOGS BITING OR INJURING PERSONS. 3-1-12 . Do not send reports of suspected abuse or neglect via email. 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. This site is protected by reCAPTCHA and the Google, There is a newer version Duties of animal control officer. The surety bond required by subparagraph 1. shall provide coverage for dog bites, injuries, or death caused by the dog. CALHOUN COUNTY, ALABAMA NOVEMBER 8, 2022 ABSENTEE OFFICIAL BALLOT BALLOT STYLE - 1 GENERAL AND CONSTITUTIONAL AMENDMENT ELECTION CALHOUN COUNTY, ALABAMA . Birmingham. (256) 235-3863. Residents in Alabama, home to many pecan and oak trees, can recover additional damages if someone deliberately damages their tree. (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. By Law; Amending Subsection 6 (3) (C) Thereof Pertaining To The General Statement Of Facts Contained In An Informal Complaint To Include Handicap Status In The Basis Of Current as of January 01, 2019 | Updated by FindLaw Staff. Seeing eye dogs shall be included within the meaning of this definition. 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. Feel free to ask any questions you have before hiring a lawyer to make sure you understand what . Alabama: Calhoun County Circuit Court 25 W 11th St, Anniston, AL 36201 Phone: (256) 231-1750. 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. Placement of area under quarantine; additional measures. 9 sec. (f) The veterinarian under whose care the offending animal has been committed for quarantine shall promptly report the results of his or her observation of the animal to the attending physician of the human being bitten or exposed and the appropriate health officer. (Acts 1990, No. 3-1-14 . 90-530, p. 816, 8; Act 2009-636, p. 1949, 1.). (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. Nearly every administrationin the country has a leash law. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. (Acts 1990, No. 84-796, p. 206; Act 2011-542, 1.). 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. 3-1-15 - 3-1-27 omitted because unrelated to dogs. 3-1-14. Unlawful or malicious killing, injury, etc., of dog of another. (5) Dog. 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). Each case varies depending on the situation. (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 can explore additional available newsletters here. For the purposes of this chapter, the following words shall have the following meanings: (1) Animal control officer. 3-1-8 . Those members of the canine family maintained by governmental agencies for exclusive use in official duties assigned to those agencies. 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. Any person having a right of property in a dog, cat, ferret, or other animal, or who keeps or harbors the animal, or who has it in his or her care, or acts as its custodian, or who permits the animal to remain on or about any premises occupied by him or her. (Acts 1990, No. Compare 46 attorneys in Calhoun County, Alabama on Justia. Contact information is as follows: Calhoun County Animal Control 3605 Morrisville Rd Anniston, AL 36201 Phone: 256-241-2929 animalcontrol@calhouncounty.org CHAPTER 8. Entered active duty in the United States Army . (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. Jefferson County Municipalities. (8) Impounding officer. (Acts 1990, No. (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. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. Mayor 461, p. 702; Code 1923, 3223; Code 1940, T. 3, 60.). Commission Office 1702 Noble Street Suite 103 Anniston, AL 36201 Phone: 256-241-2800 Unauthorized access or use is not permitted and constitutes a crime punishable by law. (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. this Section. 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. 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. CALHOUN COUNTY ORDINANCES . 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.