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. Local Laws Alabama Code Title 45. 4 - County-Wide Hospital Districts in Certain Large Counties. Shirley A. Millwood. Sterilization of Dogs and Cats. The dog shall be held in impound until the owner complies with all orders of the court, but if the owner fails to comply with all orders of the court within 30 days of the court's order, the dog shall be humanely euthanized. Replacement of certificate and tag. More than 40 people attended the hearing, which started at 5 p.m. in the commission room at the Chilton County Courthouse. (4) Ferret. (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. (5) Has been exposed. (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. 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. TITLE 3. 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. TITLE 3. Title 3. Killing or disabling livestock; penalty. Calhoun County, AL Family Law Attorney. Every lawyer is a little different and you may want to find the best family lawyer to address your individual situation. ANIMALS. ABA Votes To Keep Admission Tests Requirement (5) Dog. Duties of animal control officer. Destruction of impounded dogs and cats; when authorized; redemption by owner; sale of impounded animals. Animals. (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. (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. 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. 607, p. 812, 9901, as amended, effective January 1, 1980. 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. 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. 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. c. Provides adequate ventilation and protection from the elements. 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. (2) Cat. Courts in Calhoun County, Alabama. 3-7A-9. 3-6-2. Council Schedule. (Code 1876, 4405; Code 1886, 4171; Code 1896, 5591; Code 1907, 6236; Code 1923, 3219; Code 1940, T. 3, 4.). Horse show, rodeo, or dog and pony shows (Ala.Code 1975 40-12-111), Chapter 9. 9-11-307. Repealed by Acts 1977, No. Rabies vaccine required for any canidae or felidae; applicability. 3-6A-7. 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. 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. TITLE 3. 82- 626, p. Animals. Injury or destruction of dipping vat of another. The compensation of the rabies officer and his or her deputies shall be limited to the fees collected from enforcement of this chapter. The surrender shall not be considered a presumption of guilt. 3-1-29. (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. 1 - Creation and Modification of Counties, Texas Constitution Art. 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 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. 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. At the hearing, the county attorney, municipal attorney, or municipal prosecutor shall present evidence that the dog is dangerous. 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 3-6A-4. 2023 Michigan State University College of Law. (256) 847-3777 8385 Alabama Highway 144. The animal control officer shall file a summons for the owner of the dog, if known, with the municipal court or district court. Maintenance of pound; notice of impoundment; adoption of animals. Rabies; Title 3. 82-461, p. 739; Acts 1984, 1st Ex. Liability of Owners of Dogs Biting or Injuring Persons; Title 3. Expenses incurred in connection with the housing, care, or upkeep of the dogs by any person, firm, partnership, corporation, or other entity shall be taxed against the owner. 3-1-4 . 3-1-3 . ARTICLE 10. (3) Dog. 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. (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. Mr. Howard Wayne East. Calhoun County, Alabama. (11) Quarantine for rabies observation. 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. 3-6-1. It requires dogs be confined to owner's property. 668, p. 1061, 8; Code 1940, T. 8, 110(8); Act 2019-369, 1.). (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. 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. 3-1-8. (b) This section shall not apply to the running at large of any dog or dogs within CALHOUN COUNTY ORDINANCES . d. The dangerous dog shall be spayed or neutered. (c) If a dog that has previously been declared by a court to be dangerous, when unjustified, attacks and causes physical injury to a person, the owner of the dog shall be guilty of a Class A misdemeanor. 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. (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. Nothing in this chapter shall be construed to repeal other criminal laws. (2) In lieu of the investigation, the owner of the alleged dangerous dog may consent to the dog being humanely euthanized. Back to Top Alaska Leash Law (2) If the owner or keeper presents sufficient evidence for the judge presiding over the hearing to determine that the owner or keeper is indigent, the owner or keeper may be relieved of the requirement to post a bond or deposit funds with the clerk of the court and may be relieved of the forfeiture provision under subdivision (1). Hogs dying from cholera or any other disease whatsoever shall be burned. Alabama law is clear on reporting abuse and neglect of children under the age of 19. Chapter 37A. 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. ANIMALS. 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. 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. 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. The administration of rabies vaccine to species other than those for which reliable immunization data is available shall be a violation of this chapter. (Code 1867, 1296; Code 1876, 1601; Code 1886, 1379; Code 1896, 421; Code 1907, 2832; Code 1923, 6072; Code 1940, T. 3, 1.). Article 5. Kim McCarson, Circuit Clerk. Activities relating to fighting of dogs prohibited; violations; confiscation; procedures for disposition of animals; bond for the care of seized dog; forfeiture. In lieu of printed certificates, licensed veterinarians may elect to utilize electronically generated and maintained certificates if the certificates contain substantially the same information as required above. The form must be filled out completely before returning to the Calhoun County Probate Office. 90-530, p. 816, 10; Act 2009-636, p. 1949, 1.). Has secure sides and a secure top attached at all sides. This site is protected by reCAPTCHA and the Google, There is a newer version (Acts 1915, No. 3. (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. It shall be the duty of the rabies officer to immunize for rabies all dogs, cats, and ferrets covered under this chapter and he or she may employ as many licensed veterinarians to serve as deputies to aid him or her as he or she may desire. . (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. Dogs and cats to be immunized; certificate; validity; to whom sale, etc., of vaccine may be made. 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. Criminal Defense Lawyers Serving Calhoun County, AL (Gardendale) Additional Office Locations. Construction with other laws; penalties. 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. (c) The county health department is authorized to promulgate and enforce any reasonable rules and regulations necessary to implement this section. c. The owner of the dangerous dog shall provide a copy of the certificate of the current rabies vaccination of the dog. 3-1-9. (c) For purposes of this section, livestock is defined as equine or equidae, cows, swine, goats, and sheep. [ 3-1-15 - 3-1-27 omitted because unrelated to dogs]. 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. 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 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). 3-1-7 . The Calhoun County Commission would like to welcome you to the Calhoun County WEB site and hope you will return often. Unlawful or malicious killing, injury, etc., of dog of another. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Rabies Vaccine. Code of Alabama. (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. (Acts 1915, No. 9-11-306. (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. The court shall award the animals to the humane society or other agency handling stray animals. 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. 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. (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. Cullman, AL (35055) Today. 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). 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. Attorney Ratings. 9-11-305 . CHAPTER 11. 3-7A-7. 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. (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. (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. 3-7A-10. 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. Entered active duty in the United States Army . (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. 3-1-8 . (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. ANIMALS. (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. (Ala. Code 1975 3-1-29), 3-5-3. (6) Health officer. Calhoun County Circuit Clerk's Office. Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. (a) The county board of health shall nominate annually one duly licensed veterinarian from each county within the state for the position of rabies officer. After hearing from residents, the county commission approved the leash law. Dogs are considered vicious that have bitten or have threatened to bite persons. Licensed to practice law in Georgia and Florida in 1994. If the county or municipality impounds the dog, the owner of the dog shall be liable to the county or municipality for the costs and expenses incurred in impounding, feeding, and providing veterinary care or treatment for the dog.
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