Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. How to Find Sex Offender Information. 3-8-1. For community cats, the inclusion or omission of just a few words in these laws can be the difference between life and death. Or perhaps, the lack of animal control. 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. (g) A dog that is the subject of a dangerous dog investigation may not be relocated and ownership may not be transferred pending the outcome of the investigation and hearing to determine whether to declare the dog to be dangerous. Calhoun County Circuit Clerk's Office. 1. review. (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. 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 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. 3. Calhoun County Family Lawyers | Compare Top Rated Alabama Attorneys 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. (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. It ensures that you can not restrain pets with a leash or tether unless you are outside watching them. 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. Calhoun County | Online Services (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. Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same. 9-11-307. 90-530, p. 816, 9; Act 2009-636, p. 1949, 1.). PDF To Vote You Must Blacken the Oval Completely! If You Spoil Your Ballot 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. There is 1 Court per 16,503 people, and 1 Court per 86 square miles. (Acts 1990, No. No such animal shall be burned or buried sufficiently near a residence or residences as to create a nuisance. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. ANIMALS. Upon resolution of a civil forfeiture petition filed under this subsection, the owner or keeper shall be refunded the amount remaining on any bond posted or funds deposited in accordance with this subsection not expended for the seizure, care, keeping, or disposal of the dog. (2) In lieu of the investigation, the owner of the alleged dangerous dog may consent to the dog being humanely euthanized. . (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. Government, Calhoun County, Alabama 3-7A-10. Violators will . Duties of animal control officer. The dangerous dog shall be microchipped. Replacement of certificate and tag. Animal Control Services - City of Pell City Alabama 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 surrender shall not be considered a presumption of guilt. 3-1-11 . ; failure to burn or bury dead animal, etc. 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. (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. (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. 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. Hunting, etc., of wild turkeys with dogs. When collected, the said penalty shall accrue to the rabies officer or his agent, except in the case of a rabies officer employed full- time on salary, in which case the penalty shall accrue to the employing agency or agencies. 3-8-1 . All dogs, cats, and ferrets which have been impounded in accordance with the provisions of this chapter, after notice is given to the owner as provided in Section 3-7A-7, may be humanely destroyed and disposed of when not redeemed by the owner within seven days. Read this complete Alabama Code Title 3. 3-1-8 . Sess., No. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. (Acts 1990, No. 3-1-7. 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). Chapter 1. When person deemed lawfully on property of owner of dog. (a) 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 guilty of a Class C felony. Residents address commission regarding "leash law" ordinance (Acts 1990, No. (10) Serious physical injury. (10) Person. 3-1-9. Calhoun County struggling over animal control -- or the lack of it - al.com Dogs and cats to be immunized; certificate; validity; to whom sale, etc., of vaccine may be made. 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. Individuals, firms, partnerships, and associations. 3-1-13 . 90-530, p. 816, 10; Act 2009-636, p. 1949, 1.). Calhoun County District CourtUnlawful Detainer/Eviction Procedures. Any person having a right of property in a dog, cat, ferret, or other animal, or who keeps or harbors the animal, or who has it in his or her care, or acts as its custodian, or who permits the animal to remain on or about any premises occupied by him or her. (b) This section shall not apply to the running at large of any dog or dogs within [ 3-1-15 - 3-1-27 omitted because unrelated to dogs]. The form must be filled out completely before returning to the Calhoun County Probate Office. g.1. (i) The pleading and practice in all cases to petition the court to declare a dog to be dangerous under this section shall be in accordance with the Alabama Rules of Civil Procedure and rules of the courts governing municipal courts in this state unless otherwise specified by this chapter. 3-1-6. (2) The sworn statement shall be delivered to an animal control officer who shall complete a dangerous dog investigation. 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. Injury or destruction of dipping vat of another. (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. 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. CHAPTER 6. 90-530, p. 816, 7; Act 2009-636, p. 1949, 1.). Contact the AL Dept. 3-1-9 . 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. (2) For amusement or gain, to cause any dog to fight with another dog, or cause any dogs to injure each other. (Code 1907, 2471; Code 1923, 5679; Code 1940, T. 3, 6.). Calhoun County Arrest, Court, and Public Records | StateRecords.org Impoundment of dogs; redemption or destruction of impounded dogs. (256) 847-3777 8385 Alabama Highway 144. 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. Activities relating to fighting of dogs prohibited; violations; confiscation; procedures for disposition of animals; bond for the care of seized dog; forfeiture. 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. 90-530, p. 816, 2; Act 2009-636, p. 1949, 1.). It must be notarized outside the Calhoun County Probate Office. 3-1-12. Cruelty to animals. Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. 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. Unlawful or malicious killing, injury, etc., of dog of another. 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. 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. Penalty for dog or cat without tag or certificate. Box 1511 Montgomery, AL 36102-1511. 3-7A-7 . CONSERVATION AND NATURAL RESOURCES. Maintenance of pound; notice of impoundment; adoption of animals. 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. Any expenses incurred in the quarantine of the offending animal under this section and Section 3-7A-8 shall be borne by the owner. 3-7A-2 . Compare 46 attorneys in Calhoun County, Alabama on Justia. Calhoun County - Seventh Circuit Court of Alabama 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. Lynne Whitten, Supervisor - Appeals. 3-7A-16. c. Provides adequate ventilation and protection from the elements. 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. Dummier Young LLC. Aggressive physical contact by a dog. MADISON, Ala. - The City of Madison has a new animal tethering ordinance in place. (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. The State Health Officer or any county health officer as defined in Section 22-3-2, or his or her designee. 3-7A-6 . (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. (6) Health officer. Every lawyer is a little different and you may want to find the best family lawyer to address your individual situation. . 3-7A-13. An agent of a county or municipality vested with impounding authority for animals covered under this chapter. (2) The court shall set a hearing date no more than 20 days from the filing of the petition for civil forfeiture and shall give notice of the hearing to the owner or keeper of the dog. For the purposes of this chapter, the following words shall have the following meanings: (1) Animal control officer. 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. 9-11-306 . 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. (7) Owner. 3-1-4 . 4 - County-Wide Hospital Districts in Certain Large Counties. Calhoun County, AL Family Law Attorney with 13 years of experience. (256) 403-0521. 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. 607, p. 812, 9901, as amended, effective January 1, 1980. Please be assured that your information will remain confidential and will not be shared. 2023 Michigan State University College of Law. 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. Current as of January 01, 2019 | Updated by FindLaw Staff. 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. 3-6A-4. Family, Bankruptcy, Business and Divorce. Destruction of impounded dogs and cats; when authorized; redemption by owner; sale of impounded animals. (2) Cat. CHAPTER 8. Rain. Local Laws Alabama Code Title 45. 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. (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. (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. (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. Mayor (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. CHAPTER 6. Section 3-1-5 Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. Rabies vaccine required for any canidae or felidae; applicability. 9 sec. c. The animal control officer shall send a copy of the investigation report to the county attorney, municipal attorney, or municipal prosecutor. 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. At public rabies clinics, the rabies officer may charge an immunization fee established by a committee consisting of the State Health Officer, the State Veterinarian, and the president of the Alabama Veterinary Medical Association, and approved by the State Board of Health prior to the first day of January each year. 90-530, p. 816, 11; Act 2009-636, p. 1949, 1.). e. The owner of the dangerous dog shall be required to pay all expenses involved with the investigation, pickup, and impoundment, and any court costs or fees related to the hearing to determine whether the dog is dangerous. Relation to Volunteer Service Act. PDF Calhoun County Ordinances County rabies officer; application; appointment; term; powers and duties; authority of county board of health. c. The owner of the dangerous dog shall provide a copy of the certificate of the current rabies vaccination of the dog. 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. Calhoun County, AL Attorney. 3-1-13. Courts in Calhoun County, Alabama. Injury or destruction of dipping vat of another. County rabies officer; application; appointment; term; powers and duties; authority of county board of health. 3-1-11.1 . 3-1-1 . CHAPTER 1. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. LIABILITY OF OWNERS OF DOGS BITING OR INJURING PERSONS. 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. (7) Immunization against rabies. Carrie Hudson - Domestic Relations. 3-1-2. (256) 847-3777. 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. Destruction of certain abandoned animals by members, etc., of societies for prevention of cruelty to animals. Animals. GENERAL PROVISIONS. Animals 3-1-5 on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. (b) If a dog that has not been declared by a court to be dangerous, when unjustified, attacks and causes serious physical injury or death 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 C felony. Kim McCarson, Circuit Clerk. The animal control officer shall file a summons for the owner of the dog, if known, with the municipal court or district court. 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. The best way to find an experienced family law attorney in Calhoun County, Alabama is to talk to the law office about your needs. 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. (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. Nothing in this chapter shall be construed to repeal other criminal laws. 607, p. 812, 9901, as amended, effective January 1, 1980. Originally called the Alabama Court Clerk's Association, the group was established in 1991. (12) Rabies officer. City of Madison adopts new animal tethering ordinance You might wonder "Why? 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. 3-7A-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. Cite this article: FindLaw.com - Alabama Code Title 3. The filing fee is $65.00 Minor Name Changes You will need to contact an attorney for a minor name change 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. (Acts 1990, No. TITLE 3. Sess., p. 207, 1.). Do not send reports of suspected abuse or neglect via email. 3-1-6 . CHAPTER 11. General Provisions. Animals 3-1-5 - last updated January 01, 2019 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. (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. 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. The bond extension shall be considered in accordance with the procedures set forth in subsection (g). 3-1-15 - 3-1-27 omitted because unrelated to dogs. Winds NE at 5 to 10 mph. (Proposed by Act 2022-117) YES NO S TA EWI DM N 3 3-7A-6. (2) Hunting dog. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. . Sterilization of Dogs and Cats. 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. 3-1-7 . 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 court shall set a hearing date no more than 10 days from filing of the application and shall give notice of the same to the owner or keeper of the dog.

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