(Code 1867, 1296; Code 1876, 1601; Code 1886, 1379; Code 1896, 421; Code 1907, 2832; Code 1923, 6072; Code 1940, T. 3, 1.). Animals. (Acts 1990, No. CHAPTER 6. The owner of the dog, if known, shall be served with a copy of the petition. Reasonable costs shall include, but not be limited to, transportation, food, shelter, and care, including veterinary care. 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 3-1-13. Article 8. (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. Leash laws; enforcement. 3-1-12 . 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 Petitioner must be a legal resident of Calhoun County and age 19 or older. 90-530, p. 816, 9; Act 2009-636, p. 1949, 1.). Mayor 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. When dogs permitted in areas; liability of owners of dogs at large in areas. (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. 9-11-306. Cruelty to animals. Nothing in this chapter shall be construed as diminishing any right or liability for injury by dog bites now existing under the laws of this state. 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. (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. (4) Dangerous dog. Dogs are considered vicious that have bitten or have threatened to bite persons. Compare 46 attorneys in Calhoun County, Alabama on Justia. 3-1-14 . Calhoun County Alabama Attorney Ratings. Section 3-1-5 Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. Licensed to practice law in Georgia and Florida in 1994. 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. Alabama Code 45-49-170.03. Leash laws; enforcement 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. Read this complete Alabama Code Title 3. 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. 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. 3-1-15 - 3-1-27 omitted because unrelated to dogs. Seeing eye dogs shall be included within the meaning of this definition. ANIMALS. (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. 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. If the humane society determines that the animal cannot be sold, it may cause the animal to be otherwise disposed of. Get free summaries of new opinions delivered to your inbox! Cite this article: FindLaw.com - Alabama Code Title 3. The animal control officer shall file a summons for the owner of the dog, if known, with the municipal court or district court. You might wonder "Why? Repealed by Act 2015-70, 1(12), effective April 21, 2015. Calhoun County, Alabama. 3-6-2. Penalty for dog or cat without tag or certificate. (10) Person. The surrender shall not be considered a presumption of guilt. 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. Animals. 3-7A-13. d. The dangerous dog shall be spayed or neutered. (Acts 1915, No. 3-1-6. 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. TITLE 3. 9-11-238. Rabies Vaccine. Alabama Dog Laws: A Guide for Dog Lovers! - Pet Spruce (Acts 1990, No. 668, p. 1061, 8; Code 1940, T. 8, 110(8); Act 2019-369, 1.). Destruction of certain abandoned animals by members, etc., of societies for prevention of cruelty to animals. (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. . 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. Contact us. Family Court Divisions: 256-231-1740, Suite 500. 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. 3-1-4 . (Acts 1919, No. TITLE 3. 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. 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. 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. Repealed by Acts 1977, No. Ala. Code 1975 3-1-1 - 29; 3-6-1 - 4; 3-6A-1 - 8; 3-7A-1 - 16; 3-8-1; 9-11-305 - 307; 9-11-238; 45-37A-53.01, AL ST 3-1-1 - 29; 3-6-1 - 4; 3-6A-1 - 8; 3-7A-1 - 16; 3-8-1; 9-11-305 - 307; 9-11-238; 45-37A-53.01. Calhoun County Lawyers - Compare Top Attorneys in Calhoun County No owner, lessee, proprietor, manager, superintendent, agent, or employee of any place of public accommodation, amusement or recreation, including, but not limited to, any inn, hotel, restaurant, eating establishment, barbershop, billiard parlor, store, public conveyance, theater, motion-picture house, public educational institution, or elevator shall refuse to permit a guide dog to accompany a blind person entering the place or making use of the accommodations available when the blind person is being led by the guide dog; if the guide dog is wearing a harness; and the blind person presents for inspection credentials issued by an accredited school for training guide dogs or the dog is being trained by a person employed by an accredited school for training guide dogs. When person deemed lawfully on property of owner of dog. Placement of area under quarantine; additional measures. (b) Appointments not made within the prescribed time limits specified in this section shall become the joint prerogative of the State Health Officer and the State Veterinarian after due consultation with the appropriate health officer. 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. (3) If the state meets its burden at the forfeiture hearing, the judge shall order the owner or keeper to forfeit ownership of the dog. 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. 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. Animals. Replacement of certificate and tag. (Acts 1990, No. Child Abuse/Neglect Reporting - Alabama Department of Human Resources Construction and application of chapter. Alabama Leash Law Dogs are not permitted to run at large in Alabama. (Acts 1935, No. Nothing in this section shall prevent the owner of any dog or dogs or other person Elmore County Commission approves leash law - WSFA (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. You're all set! Birmingham School of Law and Thomas Goode Jones School of Law, Faulkner University. 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. Email: animalcenter@cityofpellcity.net. (e) A copy of all investigations made pursuant to this section shall be kept on file in the animal control office or sheriff's office. Local Laws. 3-1-6 . such dog or dogs to the limits of his own premises or the premises on which such dog Is capable of being locked with a key or combination lock when the dog is within the structure. 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. Chapter 37A. Leash law violations up | | cullmantimes.com 1975-01 - Ordinance Regulating The Erection, Construction And Enlargement, . 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. Any person violating this section shall be guilty of a misdemeanor and shall be 3-1-1 . 2 - Removal of County Seats, Texas Constitution Art. In that instance, a new certificate marked duplicate may be issued and distributed according to Section 3-7A-2. WILDLIFE MANAGEMENT AREAS. Local laws, such as local animal control ordinances, are part of a city and/or county code. Notice of such rules and regulations shall be given by publication 30 days before the effective date. 3-7A-5. (a) The State Health Officer, upon request of authorized local officials, may place certain areas of the state under a rabies quarantine to prevent the spread of rabies. Entered active duty in the United States Army . (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. 9-11-307 . 3-1-29 . RABIES VACCINE. Sess., No. (Code 1876, 4405; Code 1886, 4171; Code 1896, 5591; Code 1907, 6236; Code 1923, 3219; Code 1940, T. 3, 4.). (9) Owner. (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. 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. No person shall keep any dog which has been known to kill or worry sheep or other stock without being set upon the same. 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. 3-1-10. Sess., p. 207, 1.). 461, p. 702; Code 1923, 3223; Code 1940, T. 3, 60.). (2) The sworn statement shall be delivered to an animal control officer who shall complete a dangerous dog investigation. Permitting dog or hog known to kill, etc., sheep, domestic fowl, etc., to run at large. 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. 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. Calhoun County Attorneys - LII Alabama Attorney Directory (b) A local law requiring a dog to be kept on a leash or otherwise restrained does not apply to an agricultural work dog at any time while the dog is engaged in agricultural work or a hunting dog at any time while the dog is engaged in hunting wild game. Or perhaps, the lack of animal control. Article 5. 3-1-6 . 3-7A-10 . Chapter 6. 3-7A-8 . 668, p. 1061, 6; Code 1940, T. 8, 110(6).). A paper copy or electronic copy or evidence thereof shall be maintained by the licensed veterinarian for a period of one year past the expiration date of a certificate. 3-1-29. After hearing from residents, the county commission approved the leash law. ; failure to burn or bury dead animal, etc. Unauthorized access or use is not permitted and constitutes a crime punishable by law. Alabama Code Title 3. Animals 3-1-5 | FindLaw 3-7A-16 . (3) Dog. CALHOUN COUNTY, ALABAMA NOVEMBER 8, 2022 ABSENTEE OFFICIAL BALLOT BALLOT STYLE - 1 GENERAL AND CONSTITUTIONAL AMENDMENT ELECTION CALHOUN COUNTY, ALABAMA . You already receive all suggested Justia Opinion Summary Newsletters. Chapter 1. . Alabama Property Line and Fence Laws at a Glance 3-6-1. Sworn statement; dangerous dog investigation; hearing; procedures. Regulations & Controls | Shelby County, AL - Official Website 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. View Website View Lawyer Profile Email Lawyer. 3-1-10 . 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. 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. (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. Lynne Whitten, Supervisor - Appeals. Calhoun County District CourtUnlawful Detainer/Eviction Procedures. 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). 3-1-9 . FISH, GAME,AND WILDLIFE. CHAPTER 8. Mr. Howard Wayne East. Their vote makes the state law applicable to Elmore County. 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. It must be notarized outside the Calhoun County Probate Office. 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. Dogs and cats to be immunized; certificate; validity; to whom sale, etc., of vaccine may be made. 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. Penalties for violations of provisions of article, etc. CONSERVATION AND NATURAL RESOURCES. 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. 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. 3-1-5. Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. 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. All rights reserved. 82- 626, p. An additional paper copy or electronic copy or listing shall be provided to the local rabies enforcement authority upon request by the authority and in the manner as so requested. Unlawful or malicious killing, injury, etc., of dog of another. 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. Birmingham. 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. 2023 LawServer Online, Inc. All rights reserved. 477, p. 541; Code 1923, 6073; Code 1940, T. 3, 2.).