| https://codes.findlaw.com/al/title-3-animals/al-code-sect-3-1-5/. Calhoun County - Seventh Circuit Court of Alabama Animal advocates in the county say the there's no animal control officer to pick. (a) In any city with a population of 300,000 inhabitants or more, according to the 1970 or any subsequent federal decennial census, no person shall put any dog or dogs in a vacant lot which is not adjacent or contiguous to his or her residence. Repealed by Acts 1977, No. c. Provides adequate ventilation and protection from the elements. 3-1-14. Alabama Code 45-49-170.03. Top Criminal Defense Lawyers in Calhoun County, AL | FindLaw Injury or destruction of dipping vat of another. (Code 1907, 2471; Code 1923, 5679; Code 1940, T. 3, 6.). (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. Birmingham School of Law and Thomas Goode Jones School of Law, Faulkner University Jacksonville State University and Gadsden State Community College Alabama. (Acts 1919, No. Calhoun County Family Court -- Child Custody Info - LegalConsumer.com Alabama law is clear on reporting abuse and neglect of children under the age of 19. There are 7 Courts in Calhoun County, Alabama, serving a population of 115,527 people in an area of 606 square miles. 607, p. 812, 9901, as amended, effective January 1, 1980. (d) Nothing in this chapter shall be construed to require any county or municipality to employ or make available an animal control officer. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. 3-6-1 . 3-1-12. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. Title 3. Get Help With Alabama Child Custody. 3-1-29. Before you file legal papers, take some time to familiarize yourself with the resouces offered by your local court. 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. Rain. (b) It shall be a Class C felony for any person to be knowingly present, as a spectator, at any place, building, or tenement where preparations are being made for an exhibition of the fighting of dogs, with the intent to be present at such preparations, or to be knowingly present at such exhibition or to knowingly aid or abet another in such exhibition. The county board of health, not later than January 31 of the appointing year, shall select and appoint a nominee, subject to the approval of the State Health Officer and the State Veterinarian. (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. 3-7A-7 . Construction with other laws; penalties. (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. 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. 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. Leash laws; enforcement. 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. (5) Dog. 3-1-14 . Violators will . 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. (Acts 1990, No. (Acts 1990, No. 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. Government, Calhoun County, Alabama. . This site is not a law firm and cannot offer legal advice. Get free summaries of new opinions delivered to your inbox! 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. 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. 3-1-2. When person deemed lawfully on property of owner of dog. (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. 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. 185, p. 259; Code 1923, 3221; Code 1940, T. 3, 5.). 3-1-10. 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. ARTICLE 10. e. The enclosure shall be constructed to allow the dog to stand normally and without restriction and shall be not less than four times the length of the dog and two times the width of the dog. Any dog trained to hunt wild game with a handler. Applications shall be provided to the chair of each county board of health during the month of November. Birmingham. Calhoun County Arrest, Court, and Public Records | StateRecords.org 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. (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. (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. (2) For amusement or gain, to cause any dog to fight with another dog, or cause any dogs to injure each other. 9-11-307. 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. 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. (8) Physical injury. Liability of owner, etc., for injuries caused by rabid dog. 3-1-6. Lynne Whitten, Supervisor - Appeals. For dogs that haven't been. After hearing from residents, the county commission approved the leash law. 93-719, p. 1406, 1-3; Act 2004-627, p. 1421, 1.). (3) Bitten. (9) Owner. The owner of the dog, if known, shall be served with a copy of the petition. 82-461, p. 739; Acts 1984, 1st Ex. Calhoun County, AL Attorney. ABA Votes To Keep Admission Tests Requirement Penalty for dog or cat without tag or certificate. 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. Residents address commission regarding "leash law" ordinance (f) The veterinarian under whose care the offending animal has been committed for quarantine shall promptly report the results of his or her observation of the animal to the attending physician of the human being bitten or exposed and the appropriate health officer. CHAPTER 11. The owner of any dog or cat found not wearing the evidence of current immunization as provided herein or for which no certificate of current immunization can be produced, and which is apprehended by an officer or other person charged with the enforcement of this chapter, shall forthwith be subject to a penalty to be imposed by the rabies officer not to exceed an amount equal to twice the state approved charge for immunization, in addition to the fee heretofore prescribed for immunization. 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. Burial or burning of bodies of dead animals generally; burning of hogs dying from cholera, etc. Horse show, rodeo, or dog and pony shows (Ala.Code 1975 40-12-111), Chapter 9. Section 3-1-5 Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. Hunting and Trapping of Birds and Game. Hunting, etc., of wild turkeys with dogs. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Notice of such rules and regulations shall be given by publication 30 days before the effective date. Alexandria, AL 36250. 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. Isn'tit better if dogs run wild and just have fun?" Uh -- no! 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. CHAPTER 6. Title 3. the corporate limits of any city or town in this state that requires a license tag Chapter 37A. 3-7A-8 . 9 sec. Maintenance of pound; notice of impoundment; adoption of animals. Family Court Divisions: 256-231-1740, Suite 500. The compensation of the rabies officer and his or her deputies shall be limited to the fees collected from enforcement of this chapter. Shirley A. Millwood. CHAPTER 6. (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. Destruction of domesticated species exposed to rabid animal; quarantine as option on recommendation of Department of Public Health. 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. (c) The county health department is authorized to promulgate and enforce any reasonable rules and regulations necessary to implement this section. fined not less than $2.00 nor more than $50.00. 3-1-7 . 3-7A-6. Animals. (b) Whenever the State Health Officer or local health authorities are convinced that the situation is conducive to the spread of rabies, additional measures may be imposed as are deemed necessary to prevent the spread of rabies among dogs, cats, and other animals. A dog owner may be fined between $2 and $50 for failure to leash the dog. 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. CALHOUN COUNTY ORDINANCES . Family, Bankruptcy, Business and Divorce. 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. Alabama Code Title 3. Animals 3-1-6 | FindLaw 461, p. 702; Code 1923, 3223; Code 1940, T. 3, 60.). 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. 3-1-29. 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. 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. Sess., No. Please call your County Department of Human Resources or local law enforcement agency to report suspected abuse or neglect. Chapter 8. Holding owners responsible | News | cullmantimes.com Box 1511 Montgomery, AL 36102-1511. 1180.). Ordinances often include sections on animal cruelty, ownership, at-large regulations, mandatory spay/neuter, and cat licensing. For the purpose of this chapter a person shall be considered to be lawfully upon the private property of the owner of such dog when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws of the United States or the postal laws and regulations of the United States, when reading meters, when delivering milk, when making repairs to any public utility or service upon said premises or when on such property upon the invitation, either expressed or implied, of the owner or lessee of such property. Unauthorized access or use is not permitted and constitutes a crime punishable by law. (11) Quarantine for rabies observation. Duties of animal control officer. 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. Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same. Government, Calhoun County, Alabama 3-1-8 . 2nd Monday of each Month 5:30 P.M Work . 90-530, p. 816, 14; Act 2009-636, p. 1949, 1.). Local Laws Alabama Code Title 45. In Alabama, Calhoun County is ranked 50th of 67 counties in Courts per capita, and 9th of 67 counties in Courts per square mile. (8) Impounding officer. Copyright 2023, Thomson Reuters. 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. 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. Elmore County Commission approves leash law - WSFA Attorney Ratings. (Acts 1993, No. The State Board of Health is authorized to adopt and promulgate rules for the enforcement of this chapter, which rules shall have the force and effect of law. Rabies vaccine required for any canidae or felidae; applicability. 3-7A-10 . (b) In addition to being guilty of a Class C felony, 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 liable for damages sustained by the killing, disabling, disfiguring, or destroying of the livestock in an amount equal to double the value thereof. The Petitioner must be a legal resident of Calhoun County and age 19 or older. (a) The county board of health shall nominate annually one duly licensed veterinarian from each county within the state for the position of rabies officer. 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. Property Line and Fence Laws in Alabama - FindLaw Alabama Code Title 45. Local Laws | FindLaw (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. FISH, GAME,AND WILDLIFE. 90-530, p. 816, 1; Act 2009-636, p. 1949, 1.). Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. For the purposes of this chapter, the following words shall have the following meanings: (1) Animal control officer. 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. on which such dog or dogs is or are regularly kept. (6) Upon resolution of any criminal charges brought against the owner or keeper of the dog confiscated pursuant to this section, the owner or keeper shall be refunded the amount remaining on any bond posted or funds deposited in accordance with this section not expended for the seizure, care, keeping, or disposal of the dog. TITLE 3. Birmingham School of Law and Thomas Goode Jones School of Law, Faulkner University. Their vote makes the state law applicable to Elmore County. Council Schedule. (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. 3-1-13 . If the court determines by reasonable satisfaction that the dog has such a propensity, the court may order the dog to be humanely euthanized by a licensed veterinarian or an authorized animal control officer or the court may order the dog be returned to its owner pursuant to all of the following conditions: a. 3-7A-16. Maintenance of pound; notice of impoundment; adoption of animals. Calhoun County, AL Family Law Attorney with 13 years of experience. f. The owner of the dangerous dog shall be required to pay an annual dangerous dog registration fee of one hundred dollars ($100) to the county or municipality for a dog deemed dangerous by a court or pay a penalty of one hundred dollars ($100) to the county or municipality for non-registration within two weeks. 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. Unlawful or malicious killing, injury, etc., of dog of another. of 3-8-1 . Anniston, AL - Municode Library Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited. (b) Nothing in this chapter is designed to abrogate any civil remedies available under statutory or common law. 9-11-306 . 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. How to Find Sex Offender Information. Relation to Volunteer Service Act. Individuals, firms, partnerships, and associations. - Repealed by Act 2015-70, 1(12), effective April 21, 2015. (12) Rabies officer. Activities relating to fighting of dogs prohibited; punishment; confiscation; procedures for disposition of animals. Penalty for dog or cat without tag or certificate. In extreme situations, the State Health Officer may place the area under quarantine without waiting for local request. Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. Those members of the canine family maintained by governmental agencies for exclusive use in official duties assigned to those agencies. WILDLIFE MANAGEMENT AREAS. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. 3-1-8. 3-1-8 . Keeping of dogs in certain vacant lots. (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.
