Title 3. The age of the majority in Alabama is now 19. You might wonder "Why? (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. 3-1-8. (Acts 1939, No. View Website View Lawyer Profile Email Lawyer. 3-1-11. (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. 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. 3-1-28. (Acts 1990, No. (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. such dog or dogs to the limits of his own premises or the premises on which such dog It ensures that you can not restrain pets with a leash or tether unless you are outside watching them. 3-1-1 . You're all set! Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. At its discretion, the humane society or other agency handling stray animals shall humanely dispatch or dispose of any confiscated dog. In Alabama, Calhoun County is ranked 50th of 67 counties in Courts per capita, and 9th of 67 counties in Courts per square mile. Carrie Hudson - Domestic Relations. At the hearing, the county attorney, municipal attorney, or municipal prosecutor shall present evidence that the dog is dangerous. View Lawyer Profile. (Acts 1915, No. Ordinances often include sections on animal cruelty, ownership, at-large regulations, mandatory spay/neuter, and cat licensing. 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. 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. The owner shall be required to obtain a surety bond of at least one hundred thousand dollars ($100,000) and shall provide proof to the court or animal control office. WILDLIFE MANAGEMENT AREAS. Shirley A. Millwood. 9-11-238. Construction and application of chapter. 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. b. Seeing eye dogs shall be included within the meaning of this definition. Residents in Alabama, home to many pecan and oak trees, can recover additional damages if someone deliberately damages their tree. 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. 9-11-305. All members of the canine family including dog hybrids. FISH, GAME, AND WILDLIFE. Section 3-1-5 Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. Relation to Volunteer Service Act. Applications shall be provided to the chair of each county board of health during the month of November. 518, p. 1242; Act 99-698, 2nd Sp. 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. (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. 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. c. The owner of the dangerous dog shall provide a copy of the certificate of the current rabies vaccination of the dog. County rabies officer; application; appointment; term; powers and duties; authority of county board of health. 9-11-305 . Winds NE at 5 to 10 mph. Liability of owner, etc., for injuries caused by rabid dog. Chapter 6. . Unauthorized access or use is not permitted and constitutes a crime punishable by law. Contact us. The Calhoun County Commission would like to welcome you to the Calhoun County WEB site and hope you will return often. Law Firm Website Law Firm Profile. (256) 847-3777 8385 Alabama Highway 144. In that instance, a new certificate marked duplicate may be issued and distributed according to Section 3-7A-2. 3-1-1. 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. Isn'tit better if dogs run wild and just have fun?" Uh -- no! 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. 3-1-29. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. 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. Code of Alabama. 3-7A-5 . ANIMALS. 668, p. 1061, 8; Code 1940, T. 8, 110(8); Act 2019-369, 1.). Chapter 1. 90-530, p. 816, 7; Act 2009-636, p. 1949, 1.). All members of the domesticated canine (Canis familiaris) family. 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. Violators will . Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. Dummier Young LLC. 93-719, p. 1406, 1-3; Act 2004-627, p. 1421, 1.). CHAPTER 8. (c) The period of quarantine for animals other than domesticated dogs, cats, and ferrets which have bitten or exposed a human being shall be determined by the Alabama Department of Public Health upon consultation with the U.S. Public Health Service. Dogs are considered vicious that have bitten or have threatened to bite persons. 3-1-12. 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. 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. 3-6A-4. 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. At his or her discretion, the impounding officer may provide for adoption of any animal not redeemed or claimed or otherwise disposed of, to any person desiring the animal, if the person complies with all the provisions of this chapter. (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. 1. review. 1975-01 - Ordinance Regulating The Erection, Construction And Enlargement, . Any animal found by the court not to be diseased, injured, or lacking any useful purpose due to training or viciousness shall be delivered to a court-approved private veterinarian or a private housing facility under the supervision of a veterinarian. b. (4) Ferret. 607, p. 812, 9901, as amended, effective January 1, 1980. Local Laws. Criminal Defense Lawyers Serving Calhoun County, AL (Gardendale) Additional Office Locations. 90-530, p. 816, 2; Act 2009-636, p. 1949, 1.). (5) Has been exposed. (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. All members of the ferret (Mustela putorius furo) family. 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. 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 same has been adopted by the county commission of such county. When dogs permitted in areas; liability of owners of dogs at large in areas. [ 3-1-15 - 3-1-27 omitted because unrelated to dogs]. 1 - Creation and Modification of Counties, Texas Constitution Art. Sterilization of Dogs and Cats. Entered active duty in the United States Army . (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. Title 45. Horse show, rodeo, or dog and pony shows (Ala.Code 1975 40-12-111), Chapter 9. TITLE 9. Originally called the Alabama Court Clerk's Association, the group was established in 1991. (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. 3-6A-8. 3-1-12 . 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).