d. The dangerous dog shall be spayed or neutered. Chapter 6. to be kept on dogs nor shall this section apply in any county in this state until The best way to find an experienced family law attorney in Calhoun County, Alabama is to talk to the law office about your needs. Graduated from Cumberland School of Law, Birmingham, Alabama in 1994. Liability of Owners of Dogs Biting or Injuring Persons; Title 3. 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. 383, p. 813, 8; Code 1940, T. 8, 89.). WILDLIFE MANAGEMENT AREAS. 9-11-307 . Relation to Volunteer Service Act. There are 7 Courts in Calhoun County, Alabama, serving a population of 115,527 people in an area of 606 square miles. AL 35128. Those members of the canine family maintained by governmental agencies for exclusive use in official duties assigned to those agencies. 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. 3-7A-5. (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. 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. 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. Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same. 607, p. 812, 9901, as amended, effective January 1, 1980. County rabies officer; application; appointment; term; powers and duties; authority of county board of health. 3-1-28 . 668, p. 1061, 6; Code 1940, T. 8, 110(6).). Calhoun County, AL Family Law Attorney. Maintenance of pound; notice of impoundment; adoption of animals. (a) For the purposes of this section, the following terms shall have the following meanings: (1) Agricultural work dog. Permitting dog or hog known to kill, etc., sheep, domestic fowl, etc., to run at large. Attorney Ratings. 90-530, p. 816, 11; Act 2009-636, p. 1949, 1.). 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. (Acts 1990, No. View Lawyer Profile. Unauthorized access or use is not permitted and constitutes a crime punishable by law. 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. Mr. Howard Wayne East. A signed paper copy of the certificate prescribed herein shall be delivered to the owner of the animal immunized. 3-7A-10 . Birmingham. GENERAL PROVISIONS. (Acts 1919, No. 3-7A-11. Rabies vaccine required for any canidae or felidae; applicability. Penalty for dog or cat without tag or certificate. 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. Alabama Code 45-49-170.03. Has secure sides and a secure top attached at all sides. 607, p. 812, 9901, as amended, effective January 1, 1980. 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. Any person, who unlawfully, wantonly or maliciously kills, disables, disfigures, destroys or injures any animal or article or commodity of value which is the property of another must, on conviction, be fined not less than twice the value of the injury or damage to the owner of the property nor more than $1,000.00 and may also be imprisoned in the county jail, or sentenced to hard labor for the county for not more than six months, and so much of the fine as may be necessary to repair the injury or loss shall go to the party injured. Alabama Property Line and Fence Laws at a Glance (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. The certificate shall be dated and signed by the person authorized to administer the vaccine. 9-11-306 . 84-796, p. 206; Act 2011-542, 1.). Where there is no local authority having jurisdiction (AHJ), the default code enforcement is by the State Fire Marshal. 3-7A-7. Any person violating this section, whether by failure to burn or bury an animal dying or being killed in his possession or by causing the same to be burned in such proximity to a dwelling or in such other way as to become a nuisance shall be guilty of a misdemeanor and, on conviction, shall be fined not more than $50.00. Please be assured that your information will remain confidential and will not be shared. An agent of a county or municipality vested with impounding authority for animals covered under this chapter. Family, Bankruptcy, Business and Divorce. (256) 847-3777 8385 Alabama Highway 144. (7) Immunization against rabies. Family Court Divisions: 256-231-1740, Suite 500. Rabies Vaccine. 3-7A-6 . Health and Environment. The Calhoun County Commission would like to welcome you to the Calhoun County WEB site and hope you will return often. 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. 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. 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. ANIMALS. 3-1-6 . (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. Repealed by Acts 1977, No. 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. Courts in Calhoun County, Alabama. View Website View Lawyer Profile Email Lawyer. (Acts 1967, No. 3-1-11.1 . You're all set! (c) The county health department is authorized to promulgate and enforce any reasonable rules and regulations necessary to implement this section. Individuals, firms, partnerships, and associations. The rabies officer may be removed from office, for cause, by the county board of health or the State Health Officer. 1975 Ordinances . FISH, GAME,AND WILDLIFE. The administration of rabies vaccine to species other than those for which reliable immunization data is available shall be a violation of this chapter. Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. Calhoun County uses the latest encryption technology to safeguard information entered into the system. Back to Top Alaska Leash Law 3-7A-2 . Animals. fined not less than $2.00 nor more than $50.00. Local laws, such as local animal control ordinances, are part of a city and/or county code. Article 8. (9) Proper enclosure of a dangerous dog. Notice of such rules and regulations shall be given by publication 30 days before the effective date. A dog, regardless of its breed, that has bitten, attacked, or caused physical injury, serious physical injury, or death to a person without justification, except a dog that is a police animal as defined by Section 13A-11-260, used by law enforcement officials for legitimate law enforcement purposes. (Acts 1990, No. Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. Title 3. (b) This section shall not apply to the running at large of any dog or dogs within (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. 461, p. 702; Code 1923, 3223; Code 1940, T. 3, 60.). (7) Owner. Relation to Volunteer Service Act. (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. 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. ANIMALS. Animals. (6) Health officer. Any person who hunts, pursues, captures or kills a wild turkey in this state with the aid of a dog at any time shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $25.00 nor more than $50.00 for each offense. 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. 3-1-7 . 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. 82- 626, p. Construction with other laws; penalties. 607, p. 812, 9901, as amended, effective January 1, 1980. Any dog trained to hunt wild game with a handler. 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. 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. (Code 1867, 1296; Code 1876, 1601; Code 1886, 1379; Code 1896, 421; Code 1907, 2832; Code 1923, 6072; Code 1940, T. 3, 1.). 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. The age of the majority in Alabama is now 19. Isn'tit better if dogs run wild and just have fun?" Uh -- no! 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. Shirley A. Millwood. When person deemed lawfully on property of owner of dog. 3-6-2 . (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. (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. Chance of rain 80%.. . 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. 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. Government, Calhoun County, Alabama. Permitting dog or hog known to kill, etc., sheep, domestic fowl, etc., to run at large. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. Chapter 7A. (Acts 1990, No. Liability of owner, etc., for injuries caused by rabid dog. No person shall keep any dog which has been known to kill or worry sheep or other stock without being set upon the same. 9-11-305. Horse show, rodeo, or dog and pony shows (Ala.Code 1975 40-12-111), Chapter 9. Sess., No. Aggressive physical contact by a dog. LawServer is for purposes of information only and is no substitute for legal advice. (Acts 1990, No. 3-7A-13 . 3-1-8 . At its discretion, the humane society or other agency handling stray animals shall humanely dispatch or dispose of any confiscated dog. The dangerous dog shall be microchipped. 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. Unlawful or malicious killing, injury, etc., of dog of another. CHAPTER 6. Destruction of certain abandoned animals by members, etc., of societies for prevention of cruelty to animals. The court shall award the animals to the humane society or other agency handling stray animals. 3-7A-11 . (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. 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 Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. Comprehensive lawyer profiles including fees, education, jurisdictions, awards, publications and social media. (4) If the state fails to meet its burden at this forfeiture hearing, the judge shall order the dog immediately returned to the owner or keeper. (g) An owner of a dog that is the subject of a dangerous dog investigation who refuses to surrender the dog to an animal control officer or law enforcement officer, upon the request of the animal control officer or law enforcement officer, shall be guilty of a Class C misdemeanor. Activities relating to fighting of dogs prohibited; violations; confiscation; procedures for disposition of animals; bond for the care of seized dog; forfeiture. 3-1-14 . 90-530, p. 816, 8; Act 2009-636, p. 1949, 1.). 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. (256) 847-3777. The surrender shall not be considered a presumption of guilt. . ABA Votes To Keep Admission Tests Requirement Calhoun County, AL Family Law Attorney with 13 years of experience. 3-1-29. 2023 Michigan State University College 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. (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. FISH, GAME, AND WILDLIFE. (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. Calhoun County, AL Attorney. 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. 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. c. The animal control officer shall send a copy of the investigation report to the county attorney, municipal attorney, or municipal prosecutor. (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. Replacement of certificate and tag. TITLE 3. (Proposed by Act 2022-117) YES NO S TA EWI DM N 3 (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. (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. (256) 403-0521. Alabama Leash Law Dogs are not permitted to run at large in Alabama. 3-1-29. 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. 3-1-12 . 607, p. 812, 9901, as amended, effective January 1, 1980. 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. Replacement of certificate and tag. The filing fee is $65.00 Minor Name Changes You will need to contact an attorney for a minor name change Most courts now offer at least some materials and forms to help you understand and manage your child custody case. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. 3-7A-5 . (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) 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. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 3-1-8. Nothing in this section shall prevent the owner of any dog or dogs or other person This site is protected by reCAPTCHA and the Google, There is a newer version A licensed veterinarian as defined in Section 34-29-61, duly appointed by the county board of health and approved by the State Health Officer and State Veterinarian. 3-6-1. 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. the corporate limits of any city or town in this state that requires a license tag 3-7A-13. Repealed by Acts 1977, No. 607, p. 812, 9901, as amended, effective January 1, 1980. 45-37A-53.01. 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. 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. CHAPTER 6. Rain. (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. Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. Section 3-1-5 Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. Each case varies depending on the situation. of Economic and Community Affairs at 334-242-5290 as well as city or county building departments concerning codes for residential and most commercial property. 3-1-11.1. (Acts 1990, No. 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. 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. 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. (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. 3-1-2 . (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. 3-1-9. Penalties for violations of provisions of article, etc. Kim McCarson, Circuit Clerk. 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. CHAPTER 11. (Acts 1990, No. Is capable of being locked with a key or combination lock when the dog is within the structure. You might wonder "Why? Injury or destruction of dipping vat of another. 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. Repealed by Acts 1977, No. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. An injury as defined in Section 13A-1-2(12). (256) 235-3863. (12) Rabies officer. (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. Calhoun County, AL Attorney. 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. You can explore additional available newsletters here. 3-7A-6. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. Law Firm Website Law Firm Profile. CONSERVATION AND NATURAL RESOURCES. 1 - Creation and Modification of Counties, Texas Constitution Art. 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). Destruction of impounded dogs and cats; when authorized; redemption by owner; sale of impounded animals. 1. 3-7A-9 . 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. Residents in Alabama, home to many pecan and oak trees, can recover additional damages if someone deliberately damages their tree. Vaccinated dogs, cats, and ferrets may be authorized to be quarantined in the home of the owner of the animal by the appropriate health officer. 3-1-13. RABIES VACCINE. 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.
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