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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. The surety bond required by subparagraph 1. shall provide coverage for dog bites, injuries, or death caused by the dog. 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. 3-6-2. Feel free to ask any questions you have before hiring a lawyer to make sure you understand what . Killing or disabling livestock; penalty. (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. In that instance, a new certificate marked duplicate may be issued and distributed according to Section 3-7A-2. Back to Top Alaska Leash Law In extreme situations, the State Health Officer may place the area under quarantine without waiting for local request. Replacement of certificate and tag. 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. . An additional paper copy or electronic copy or listing shall be provided to the local rabies enforcement authority upon request by the authority and in the manner as so requested. (8) Physical injury. 9 sec. 3-1-8. (a) Every person owning or having in charge any dog or dogs shall at all times confine 3-6-2 . (Acts 1990, No. When person deemed lawfully on property of owner of dog. 90-530, p. 816, 8; Act 2009-636, p. 1949, 1.). 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 Unlawful or malicious killing, injury, etc., of dog of another. Commission Office 1702 Noble Street Suite 103 Anniston, AL 36201 Phone: 256-241-2800 Replacement of certificate and tag. (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. (1) Notwithstanding the other provisions of this chapter, the State Board of Health by rule may establish procedures and qualifications for an exemption from the requirement for a vaccination for an animal if a rabies vaccination would be injurious to the animal's health. 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. 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. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 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. (9) Proper enclosure of a dangerous dog. Box 1511 Montgomery, AL 36102-1511. on which such dog or dogs is or are regularly kept. d. Exhibits a sign conspicuously posted upon the pen or the structure containing the following: Dangerous Dog--No Trespassing.. 3-7A-6. Calhoun County uses the latest encryption technology to safeguard information entered into the system. Liability of owner, etc., for injuries caused by rabid dog. Injury or destruction of dipping vat of another. (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. All members of the domesticated canine (Canis familiaris) family. Sess., p. 207, 1.). [Link to page for provisions for Chilton County only (Ala.Code 1975 45-11-172 - 172.08)]. Any person, who, owning or having in his possession or under his control any dog or hog known to worry or kill sheep, domestic fowls or goats suffers such dog or hog to run at large must, on conviction, be fined not less than $5.00 nor more than $50.00. 1975 Ordinances . 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. Alabama law does not make this action a crime, although theft or property damage laws may apply. 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. Any person violating this section shall be guilty of a misdemeanor and shall be (6) Health officer. If the humane society determines that the animal cannot be sold, it may cause the animal to be otherwise disposed of. (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). CALHOUN COUNTY ORDINANCES . Isn'tit better if dogs run wild and just have fun?" Uh -- no! Birmingham School of Law University of Alabama - Tuscaloosa 11th Circuit, Alabama and Federal Circuit Alabama State Bar. (b) A local law requiring a dog to be kept on a leash or otherwise restrained does not apply to an agricultural work dog at any time while the dog is engaged in agricultural work or a hunting dog at any time while the dog is engaged in hunting wild game. 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. 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. 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. 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. Hogs dying from cholera or any other disease whatsoever shall be burned. ABA Votes To Keep Admission Tests Requirement Prev Next Anyone currently owning or maintaining such animal may keep the animal for the length of the animal's life providing the animal is spayed or neutered and is registered with the Department of Agriculture and Industries. (b) This section shall not apply to the running at large of any dog or dogs within the corporate limits of any city or town in this state that requires a license tag to be kept on dogs nor shall this section apply in any county in this state until the same has been adopted by the county commission of such county. (a) If a dog that has previously been declared by a court to be dangerous, when unjustified, attacks and causes serious physical injury or death to a person, the owner of the dog shall be guilty of a Class B felony. (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. LawServer is for purposes of information only and is no substitute for legal advice. (g) After confiscation, any entity holding a dog confiscated pursuant to this section may make application to the circuit court for issuance of an order requiring the owner or keeper of the dog to post a bond or deposit funds with the clerk of the court to cover the reasonable costs of the seizure, care, keeping, and the possible disposal of the dog. Unauthorized access or use is not permitted and constitutes a crime punishable by law. (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. b. Animals. Rabies Vaccine. 4 - County-Wide Hospital Districts in Certain Large Counties. 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. (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. 93-719, p. 1406, 1-3; Act 2004-627, p. 1421, 1.). 3-1-6 . General Provisions. For the purposes of this chapter, the following words shall have the following meanings: (1) Animal control officer. Alabama/ Title 45. The filing fee is $65.00 Minor Name Changes You will need to contact an attorney for a minor name change (b) This section shall not apply to any person who is a licensed veterinarian operating his or her business in an area zoned therefor; nor shall this section apply to any person using dogs to guard his or her business. 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. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. View Website View Lawyer Profile Email Lawyer. (6) Impounded. Alabama Property Line and Fence Laws at a Glance 3-1-28. Construction with other laws; penalties. Stay up-to-date with how the law affects your life. 90-530, p. 816, 11; Act 2009-636, p. 1949, 1.). James Vercell Seal. (Acts 1990, No. Chapter 1. The dangerous dog shall be microchipped. 3-1-13 . Contact information is as follows: Calhoun County Animal Control 3605 Morrisville Rd Anniston, AL 36201 Phone: 256-241-2929 [email protected] Maintenance of pound; notice of impoundment; adoption of animals. The animal control officer shall file a summons for the owner of the dog, if known, with the municipal court or district court. (Acts 1982, No. 668, p. 1061, 6; Code 1940, T. 8, 110(6).). This site is protected by reCAPTCHA and the Google, There is a newer version c. Provides adequate ventilation and protection from the elements. It shall be unlawful for any person having knowledge that a human being has been bitten or exposed by a dog, cat, or ferret to fail to notify one or more of the aforementioned officers. Carrie Hudson - Domestic Relations. 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.