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. Chapter 6. It must be notarized outside the Calhoun County Probate Office. 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. 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. Destruction of impounded dogs and cats; when authorized; redemption by owner; sale of impounded animals. RABIES VACCINE. Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. 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. 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). Dogs and cats to be immunized; certificate; validity; to whom sale, etc., of vaccine may be made. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. Any person employed by a county or municipality who performs animal control functions or any person who performs animal control functions who is employed by an entity under agreement or contract with a county or municipality to perform animal control functions or to enforce this chapter. General Provisions. fined not less than $2.00 nor more than $50.00. Commission Office 1702 Noble Street Suite 103 Anniston, AL 36201 Phone: 256-241-2800 A dog owner may be fined between $2 and $50 for failure to leash the dog. Even if you plan to work with a lawyer, it's smart to do some research before . 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. Alabama Leash Law Dogs are not permitted to run at large in Alabama. 3-1-5.1. Alabama Code 45-49-170.03. Prev Next (10) Person. 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. 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. (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. Attorney Ratings. (a) Every person owning or having in charge any dog or dogs shall at all times confine Cullman, AL (35055) Today. 3-7A-2. 90-530, p. 816, 7; Act 2009-636, p. 1949, 1.). (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. 2. Activities relating to fighting of dogs prohibited; violations; confiscation; procedures for disposition of animals; bond for the care of seized dog; forfeiture. (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. 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. Any person violating this section shall be guilty of a misdemeanor and shall be Contact information is as follows: Calhoun County Animal Control 3605 Morrisville Rd Anniston, AL 36201 Phone: 256-241-2929 animalcontrol@calhouncounty.org https://codes.findlaw.com/al/title-3-animals/al-code-sect-3-1-5/, Read this complete Alabama Code Title 3. 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. 3-7A-7 . TITLE 3. (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. (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. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. Nothing in this chapter shall be construed to repeal other criminal laws. 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) For the purpose of providing proper enforcement of this chapter, the county board of health is hereby invested with general supervisory and administrative authority for the implementation of this chapter. | https://codes.findlaw.com/al/title-3-animals/al-code-sect-3-1-5/. (2) For amusement or gain, to cause any dog to fight with another dog, or cause any dogs to injure each other. GENERAL PROVISIONS. Injury or destruction of dipping vat of another. 3-7A-13 . b. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. 45-37A-53.01. 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. Animals 3-1-6 on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (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. (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. James Vercell Seal. 668, p. 1061, 6; Code 1940, T. 8, 110(6).). 3-1-2. (Acts 1915, No. 90-530, p. 816, 14; Act 2009-636, p. 1949, 1.). Leash laws; enforcement LawServer. All members of the domesticated canine (Canis familiaris) family. (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. 9 sec. (9) Owner. Liability of owner, etc., for injuries caused by rabid dog. (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. You can explore additional available newsletters here. (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. Rabies Vaccine. ANIMALS. (Acts 1939, No. (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. 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. ANIMALS. (c) The county health department is authorized to promulgate and enforce any reasonable rules and regulations necessary to implement this section. (256) 235-3863. 3-1-11. Maintenance of pound; notice of impoundment; adoption of animals. 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. Licensed to practice law in Georgia and Florida in 1994. 3-1-29. Box 1511 Montgomery, AL 36102-1511. Rabies vaccine required for any canidae or felidae; applicability. 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. 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. After hearing from residents, the county commission approved the leash law. This is a secure site. 607, p. 812, 9901, as amended, effective January 1, 1980. 9 sec. 3-7A-13. 3-7A-6. This site is protected by reCAPTCHA and the Google, There is a newer version 3-1-15 - 3-1-27 omitted because unrelated to dogs. 3-6-2. Rain. Animal advocates in the county say the there's no animal control officer to pick. No dog shall be permitted except on leash within any wildlife management area except in accordance with the rules and regulations promulgated by the Commissioner of Conservation and Natural Resources, and whoever shall be the owner of any dog at large within any wildlife management area shall be guilty of a misdemeanor. All rights reserved. The State Health Officer or any county health officer as defined in Section 22-3-2, or his or her designee. Seized with the teeth so that the skin of the person seized has been gripped, or has been wounded or pierced, resulting in physical injury. In Alabama, Calhoun County is ranked 50th of 67 counties in Courts per capita, and 9th of 67 counties in Courts per square mile. Chapter 8. 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. At its discretion, the humane society or other agency handling stray animals shall humanely dispatch or dispose of any confiscated dog. (b) This section shall not apply to the running at large of any dog or dogs within 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. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. If the instructions cannot be delivered in such a manner, they shall be mailed by regular mail, postage prepaid and addressed to the owner of the animal. broadband infrastructure by state law to public or private entities for providing or expanding broadband infrastructure. Construction with other laws; penalties. Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. If the dog is impounded with a veterinarian chosen by the owner of the dog, the owner of the dog shall be liable for paying to the veterinarian the cost and expenses incurred in impounding, feeding, and providing veterinary care or treatment for the dog. 3-1-28. Animals. The rabies officer and his or her deputies in each county are clothed with limited police powers to the extent that they may issue citations for violations of this chapter as an agent of the county board of health, and shall not be subject to the limitations of Section 36-21-50. (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. (d) It shall be a violation of this chapter for the owner of such an animal to refuse to comply with the lawful order of the health officer in any particular case. (9) Proper enclosure of a dangerous dog. 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. 3-1-8. (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. Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. Family, Bankruptcy, Business and Divorce. (11) Quarantine for rabies observation. 2023 Michigan State University College of Law. (4) Ferret. 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. County rabies officer; application; appointment; term; powers and duties; authority of county board of health. 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. Seeing eye dogs shall be included within the meaning of this definition. (f)(1) When a dog declared to be dangerous is outside and not contained in the proper enclosure of a dangerous dog pursuant to Section 3-6A-3, the owner of the dangerous dog shall be present and shall restrain the dangerous dog with a secure collar and leash. 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. the corporate limits of any city or town in this state that requires a license tag 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. 9-11-305 . 1-A - Authority of Coastal Counties to Regulate Motor Vehicles and Littering On Beaches, Texas Constitution Art. 82- 626, p. Has secure sides and a secure top attached at all sides. 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. Violators will . Relation to Volunteer Service Act. (Acts 1967, No. Rabies vaccine required for any canidae or felidae; applicability. Calhoun County, AL Attorney. Get Help With Alabama Child Custody. Unauthorized access or use is not permitted and constitutes a crime punishable by law. 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 3-7A-11. 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. (5) Has been exposed. LIABILITY OF OWNERS OF DOGS BITING OR INJURING PERSONS. 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. 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. Rabies; Title 3. Placement of area under quarantine; additional measures. 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. Section 3-1-5 Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. Ordinances often include sections on animal cruelty, ownership, at-large regulations, mandatory spay/neuter, and cat licensing. (256) 403-0521. Unlawful or malicious killing, injury, etc., of dog of another. Repealed by Act 2015-70, 1(12), effective April 21, 2015. Relation to Volunteer Service Act. Those members of the canine family maintained by governmental agencies for exclusive use in official duties assigned to those agencies. 3-7A-11 . Section 3-1-5 - Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. (Acts 1990, No. Shirley A. Millwood. Local laws, such as local animal control ordinances, are part of a city and/or county code. Birmingham School of Law and Thomas Goode Jones School of Law, Faulkner University. 9 sec. You already receive all suggested Justia Opinion Summary Newsletters. 185, p. 259; Code 1923, 3221; Code 1940, T. 3, 5.). Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. 3-1-12. It ensures that you can not restrain pets with a leash or tether unless you are outside watching them. 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. 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. All members of the ferret (Mustela putorius furo) family. 9-11-306. For community cats, the inclusion or omission of just a few words in these laws can be the difference between life and death. 461, p. 702; Code 1923, 3223; Code 1940, T. 3, 60.). Chapter 7A. This site is not a law firm and cannot offer legal advice. Reasonable costs shall include, but not be limited to, transportation, food, shelter, and care, including veterinary care. 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. 9-11-238. Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. ; failure to burn or bury dead animal, etc. Chapter 37A. Penalties for violations of provisions of article, etc. 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.
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