TITLE 3. 3-1-3 . 3-6-1. Title 3. 3-6A-6. 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. (i) At any time, if a dog is confiscated pursuant to this section, the state or entity holding the dog may file a petition with the circuit court seeking civil forfeiture of the seized dog. 1 - Creation and Modification of Counties, Texas Constitution Art. (c) Any dog used to fight other dogs in violation of subsection (a) of this section shall be confiscated as contraband by the sheriff or other law enforcement officers and shall not be returned to the owner, trainer, or possessor of the dog. The Petitioner must be a legal resident of Calhoun County and age 19 or older. (256) 235-3863. Dogs and cats to be immunized; certificate; validity; to whom sale, etc., of vaccine may be made. (2) The sworn statement shall be delivered to an animal control officer who shall complete a dangerous dog investigation. TITLE 3. Government, Calhoun County, Alabama. FISH, GAME, AND WILDLIFE. 3-1-8 . Destruction of certain abandoned animals by members, etc., of societies for prevention of cruelty to animals. There's a simmering controversy in Calhoun County over animal control. 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. CHAPTER 1. When any person owns or keeps a vicious or dangerous animal of any kind and, as a result of his careless management of the same or his allowing the same to go at liberty, and another person, without fault on his part, is injured thereby, such owner or keeper shall be liable in damages for such injury. (3) To permit any act in violation of subdivisions (1) and (2) of this subsection. Code of Alabama. 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. An injury as defined in Section 13A-1-2(12). ; failure to burn or bury dead animal, etc. (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. CONSERVATION AND NATURAL RESOURCES. You're all set! (2) Attack. 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. (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. If any dog shall, without provocation, bite or injure any person who is at the time at a place where he or she has a legal right to be, the owner of such dog shall be liable in damages to the person so bitten or injured, but such liability shall arise only when the person so bitten or injured is upon property owned or controlled by the owner of such dog at the time such bite or injury occurs or when such person has been immediately prior to such time on such property and has been pursued therefrom by such dog. 9-11-238. Animals. 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. Animal Control Services - City of Pell City Alabama Repealed by Act 2015-70, 1(12), effective April 21, 2015. (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. 90-530, p. 816, 10; Act 2009-636, p. 1949, 1.). (256) 847-3777. (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. 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. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. High 59F. 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. 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. 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. (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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 84-796, p. 206; Act 2011-542, 1.). Calhoun County, AL Family Law Attorney. 3-1-10. Local Laws Alabama Code Title 45. Activities relating to fighting of dogs prohibited; violations; confiscation; procedures for disposition of animals; bond for the care of seized dog; forfeiture. 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. Title 3. 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. (5) The entity holding the dog confiscated pursuant to this section shall be entitled to draw on any bond posted or funds deposited to cover the actual costs incurred in the seizure, care, keeping, and the possible disposal of the dog. Any person violating this article or any rule adopted by the Commissioner of the Department of Conservation and Natural Resources under the authority of this article shall be guilty of a Class C misdemeanor, punishable as provided by law, except that the minimum fine shall not be less than one hundred dollars ($100).Credits(Acts 1939, No. Shirley A. Millwood. Local Laws. 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. Upon a finding by the court that the seized animals are diseased, injured, or lack any useful purpose due to training or viciousness, it shall be within the authority of the humane society or other animal welfare agency to humanely destroy such animal. They must be appropriately confined at all times, either by a leash when off the property or other means to keep them within an owner's property. 3-1-1 . (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. Lynne Whitten, Supervisor - Appeals. 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. 1. Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same. Article 5. 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. Calhoun County - Seventh Circuit Court of Alabama 3-8-1. Courts in Calhoun County, Alabama. 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. PDF To Vote You Must Blacken the Oval Completely! If You Spoil Your Ballot this Section. (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. (7) Owner. 3-1-8. 2nd Monday of each Month 5:30 P.M Work . (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. Stay up-to-date with how the law affects your life. Seeing eye dogs shall be included within the meaning of this definition. Birmingham School of Law University of Alabama - Tuscaloosa 11th Circuit, Alabama and Federal Circuit Alabama State Bar. 607, p. 812, 9901, as amended, effective January 1, 1980. - Repealed by Act 2015-70, 1(12), effective April 21, 2015. Feel free to ask any questions you have before hiring a lawyer to make sure you understand what . . This section does not apply to any zoological parks, circuses, colleges, and universities, animal refuges approved by the Department of Agriculture and Industries, county or municipal humane shelters, the Department of Conservation and Natural Resources, or veterinary clinics. GENERAL PROVISIONS. All rights reserved. Pell City does have a leash law, a vicious animal ordinance, and requires owners to be in control of their pets at all times. When dogs permitted in areas; liability of owners of dogs at large in areas. 3-7A-13 . b. Leash laws; enforcement LawServer. Chapter 6. For dogs that haven't been. Law Firm Website Law Firm Profile. 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. 3-1-28 . 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 sec. 3-7A-10 . 90-530, p. 816, 2; Act 2009-636, p. 1949, 1.). 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. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. Any person violating this section shall be guilty of a misdemeanor and shall be 3-1-8 . 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. With the new state law, Bannister said it is important to remember that all dog owners in Cullman are required to purchase a one-time city license for each dog owned. 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. 90-530, p. 816, 7; Act 2009-636, p. 1949, 1.). (Acts 1990, No. More than 40 people attended the hearing, which started at 5 p.m. in the commission room at the Chilton County Courthouse. (11) Quarantine for rabies observation. 9-11-306. AL 35128. 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. Top Family Law Lawyers in Calhoun County, AL | FindLaw When person deemed lawfully on property of owner of dog. Individuals, firms, partnerships, and associations. c. Provides adequate ventilation and protection from the elements. 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. 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. Animal advocates in the county say the there's no animal control officer to pick. An injury as defined in Section 13A-1-2. (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. Kim McCarson, Circuit Clerk. Elmore County Commission approves leash law - WSFA Name Changes - Calhoun County, Alabama Has secure sides and a secure top attached at all sides. 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. 3-1-6 . You already receive all suggested Justia Opinion Summary Newsletters. Compare 46 attorneys in Calhoun County, Alabama on Justia. 2. Rabies; Title 3. Destruction of domesticated species exposed to rabid animal; quarantine as option on recommendation of Department of Public Health. Unauthorized access or use is not permitted and constitutes a crime punishable by law. 3-1-7 . 3-1-9. Jefferson County Municipalities. LIABILITY OF OWNERS OF DOGS BITING OR INJURING PERSONS. Calhoun County Lawyers - Compare Top Attorneys in Calhoun County TITLE 3. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. Cite this article: FindLaw.com - Alabama Code Title 3. RABIES VACCINE. 607, p. 812, 9901, as amended, effective January 1, 1980. Repealed by Acts 1977, No. Section 3-1-5 - Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. 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. Council Schedule. Family, Bankruptcy, Business and Divorce. Alabama Code Title 45. Local Laws | FindLaw Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. Hogs dying from cholera or any other disease whatsoever shall be burned. (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. c. The owner of the dangerous dog shall provide a copy of the certificate of the current rabies vaccination of the dog. Construction and application of chapter. 9-11-307. Local Laws & Ordinances for Roaming Cats Near You - Alley Cat Allies (a) Whenever the rabies officer or the health officer receives information that a human being has been bitten or exposed by a dog, cat, or ferret required by this chapter to be immunized against rabies, the officer or his or her authorized agent shall cause the dog, cat, or ferret to be placed in quarantine under the direct supervision of a duly licensed veterinarian for rabies observation as prescribed in Section 3-7A-1. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 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. 607, p. 812, 9901, as amended, effective January 1, 1980. View Website View Lawyer Profile Email Lawyer. (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). (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. Impoundment of dogs; redemption or destruction of impounded dogs. 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). Family Court Divisions: 256-231-1740, Suite 500. 90-530, p. 816, 14; Act 2009-636, p. 1949, 1.). Violators will . 1-A - Authority of Coastal Counties to Regulate Motor Vehicles and Littering On Beaches, Texas Constitution Art. broadband infrastructure by state law to public or private entities for providing or expanding broadband infrastructure. Chance of rain 80%.. . (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. Injury or destruction of dipping vat of another. to be kept on dogs nor shall this section apply in any county in this state until Notwithstanding any provision of law to the contrary, it shall be illegal to own, maintain, sell, or trade any canidae or felidae for which there is no USDA licensed rabies vaccine. The best way to find an experienced family law attorney in Calhoun County, Alabama is to talk to the law office about your needs. 3-1-11.1. (2) In lieu of the investigation, the owner of the alleged dangerous dog may consent to the dog being humanely euthanized. (Code 1867, 1296; Code 1876, 1601; Code 1886, 1379; Code 1896, 421; Code 1907, 2832; Code 1923, 6072; Code 1940, T. 3, 1.). 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. Cruelty to animals. (5) Has been exposed. Calhoun County Arrest, Court, and Public Records | StateRecords.org Box 1511 Montgomery, AL 36102-1511. Every lawyer is a little different and you may want to find the best family lawyer to address your individual situation. fined not less than $2.00 nor more than $50.00. Injury or destruction of dipping vat of another. (Code 1876, 4405; Code 1886, 4171; Code 1896, 5591; Code 1907, 6236; Code 1923, 3219; Code 1940, T. 3, 4.). the same has been adopted by the county commission of such county. In extreme situations, the State Health Officer may place the area under quarantine without waiting for local request. 668, p. 1061, 6; Code 1940, T. 8, 110(6).). (Code 1876, 4411; Code 1886, 3871; Code 1896, 5092; Code 1907, 6231; Code 1923, 3213; Code 1940, T. 3, 10.). 90-530, p. 816, 8; Act 2009-636, p. 1949, 1.). Regulations & Controls | Shelby County, AL - Official Website 82- 626, p. (8) Physical injury. 3-7A-5. Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. (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. Placement of area under quarantine; additional measures. 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 filing fee is $65.00 Minor Name Changes You will need to contact an attorney for a minor name change View Website View Lawyer Profile Email Lawyer. ABA Votes To Keep Admission Tests Requirement 185, p. 259; Code 1923, 3221; Code 1940, T. 3, 5.). Do not send reports of suspected abuse or neglect via email. Their vote makes the state law applicable to Elmore County. (Acts 1935, No. Copyright 2023, Thomson Reuters. 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. Notice of such rules and regulations shall be given by publication 30 days before the effective date. 3-1-4 . Relation to Volunteer Service Act. 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. Back to Top Alaska Leash Law 4 - County-Wide Hospital Districts in Certain Large Counties. View Lawyer Profile. Alexandria, AL 36250. 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. 3-1-11 . Dogs and cats to be immunized; certificate; validity; to whom sale, etc., of vaccine may be made. (Acts 1990, No. Repealed by Acts 1977, No. d. Exhibits a sign conspicuously posted upon the pen or the structure containing the following: Dangerous Dog--No Trespassing.. Graduated from Cumberland School of Law, Birmingham, Alabama in 1994. Calhoun County struggling over animal control -- or the lack of it - al.com (Code 1896, 422; Code 1907, 2833; Code 1923, 6074; Code 1940, T. 3, 7.). 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. 2023 LawServer Online, Inc. All rights reserved. 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. 82-461, p. 739; Acts 1984, 1st Ex. 9-11-305. When the sworn statement claims that a dog has caused serious physical injury or death to a person, the duties of the animal control officer, including, but not limited to, the dangerous dog investigation, shall be carried out by a law enforcement officer. The surety bond required by subparagraph 1. shall provide coverage for dog bites, injuries, or death caused by the dog. Any duly authorized officer or employee of a recognized humane society shall have the right to take charge of any animal which is sick or disabled due to neglect or is being cruelly treated or abused and to provide care for such animal until it is deemed to be in suitable condition to be returned to its owner or to the person from whose custody such animal was taken. Unlawful or malicious killing, injury, etc., of dog of another. Anniston, AL - Municode Library 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. 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. Cruelty to animals. 2023 Michigan State University College of Law. 3-1-3. Winds NE at 5 to 10 mph. 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. Get free summaries of new opinions delivered to your inbox! Residents throughout the community spoke for or against a proposed "leash law" ordinance that could affect county residents during a public hearing Monday hosted by the Chilton County Commission. Animals. 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. 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. All members of the domesticated feline (Felis catus) family.
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