3-1-14 . 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. When dogs permitted in areas; liability of owners of dogs at large in areas. Any person violating this section shall be guilty of a misdemeanor and shall be Animals. 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. on which such dog or dogs is or are regularly kept. At the hearing, the county attorney, municipal attorney, or municipal prosecutor shall present evidence that the dog is dangerous. (4) Ferret. An injury as defined in Section 13A-1-2. Birmingham School of Law and Thomas Goode Jones School of Law, Faulkner University. This is a secure site. All members of the domesticated canine (Canis familiaris) family. Injury or destruction of dipping vat of another. Contact us. Construction and application of chapter. 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. (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. (Code 1896, 422; Code 1907, 2833; Code 1923, 6074; Code 1940, T. 3, 7.). (Acts 1990, No. (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. 90-530, p. 816, 12; 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. Notice of such rules and regulations shall be given by publication 30 days before the effective date. Mayor (6) Health officer. 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. Chapter 6. (2) Attack. 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. Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. This site is protected by reCAPTCHA and the Google, There is a newer version (h) The court hearing shall be held as soon as practicable. Part 4. Each case varies depending on the situation. 3-6-1. 2 - Removal of County Seats, Texas Constitution Art. A signed paper copy of the certificate prescribed herein shall be delivered to the owner of the animal immunized. 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. this Section. 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. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. Any dog trained to hunt wild game with a handler. (8) Impounding officer. (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. Repealed by Acts 1977, No. (a) Every person owning or having in charge any dog or dogs shall at all times confine 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. Hunting, etc., of wild turkeys with dogs. 90-530, p. 816, 5; Act 2009-636, p. 1949, 1.). You're all set! Animals 3-1-6 on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 3-8-1 . 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. Keeping of dogs in certain vacant lots. (3) Dog. - Repealed by Act 2015-70, 1(12), effective April 21, 2015. 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. All owners or custodians of animals which die or are killed in their possession or custody, other than such as are slaughtered for food, within 24 hours shall cause the bodies of such animals to be burned or buried at least two feet below the surface of the ground. (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. Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same. 3-6-2 . Pell City does have a leash law, a vicious animal ordinance, and requires owners to be in control of their pets at all times. 3-6A-7. Health and Environment. The dangerous dog shall be microchipped. Animals. (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. . (Code 1907, 2470; Code 1923, 5678; Code 1940, T. 3, 3.). Liability of Owners of Dogs Biting or Injuring Persons; Title 3. 1. review. 3-7A-10 . 9 sec. (Acts 1990, No. Dogs and cats to be immunized; certificate; validity; to whom sale, etc., of vaccine may be made. Shirley A. Millwood. 90-530, p. 816, 10; Act 2009-636, p. 1949, 1.). b. (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. Expenses incurred in connection with the housing, care, or upkeep of the dogs by any person, firm, partnership, corporation, or other entity shall be taxed against the owner. GENERAL PROVISIONS. 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. View Website View Lawyer Profile Email Lawyer. . Alabama/ Title 45. 3-1-11.1 . (8) Physical injury. Quarantine of dog or cat which bites human being; destruction of animal and examination of head; certain acts of or omissions by owner unlawful; delivery of quarantine instructions to owner; report of results; canine corps and seeing eye dogs. Cullman, AL (35055) Today. 3-7A-9 . Box 1511 Montgomery, AL 36102-1511. (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. (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. 93-719, p. 1406, 1-3; Act 2004-627, p. 1421, 1.). 3-1-8. (Code 1876, 4405; Code 1886, 4171; Code 1896, 5591; Code 1907, 6236; Code 1923, 3219; Code 1940, T. 3, 4.). AL 35128. 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. 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. 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. (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. 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. (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. | https://codes.findlaw.com/al/title-3-animals/al-code-sect-3-1-5/. (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. Birmingham School of Law University of Alabama - Tuscaloosa 11th Circuit, Alabama and Federal Circuit Alabama State Bar. 477, p. 541; Code 1923, 6073; Code 1940, T. 3, 2.). 3-1-12 . 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. 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. 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. The owner of a dog in violation of the leash law can be subject to a misdemeanor offense and payment of a fine of $2.00 to $50.00 if a warrant is processed against them. 2023 Michigan State University College of Law. broadband infrastructure by state law to public or private entities for providing or expanding broadband infrastructure. Aggressive physical contact by a dog. (256) 847-3777. 3-1-7 . 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. 3-1-9. Sterilization of Dogs and Cats. 90-530, p. 816, 3; Act 2009-636, p. 1949, 1.). 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. 383, p. 813, 8; Code 1940, T. 8, 89.). Calhoun County uses the latest encryption technology to safeguard information entered into the system. 3-7A-5 . Alabama law is clear on reporting abuse and neglect of children under the age of 19. (Acts 1915, No. 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. (e) Instructions for the quarantine of the offending animal shall be delivered in person or by telephone or facsimile to the owner by the health officer or his or her authorized agent. Rabies vaccine required for any canidae or felidae; applicability. Their vote makes the state law applicable to Elmore County. 9 sec. Repealed by Acts 1977, No. In that instance, a new certificate marked duplicate may be issued and distributed according to Section 3-7A-2. 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. 3-1-8 . Permitting dog or hog known to kill, etc., sheep, domestic fowl, etc., to run at large. 3-1-13. Alexandria, AL 36250. (j) It shall be presumed that a dog is not a dangerous dog pursuant to this chapter if the dog was on property owned by the owner of the dog when the event subject to a claim under this chapter occurred or if the victim was trespassing on any property when the event subject to a claim under this chapter occurred. 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. 3-7A-6 . 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. the corporate limits of any city or town in this state that requires a license tag (3) Bitten. 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. 3-7A-13 . FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. View Website View Lawyer Profile Email Lawyer. 607, p. 812, 9901, as amended, effective January 1, 1980. Relation to Volunteer Service Act. 3-8-1. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. (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. (d) Any dog confiscated pursuant to subsection (c) by the sheriff or other law enforcement officers shall be taken to the local humane society or other animal welfare agency. James Vercell Seal. (f) The county attorney, municipal attorney, or municipal prosecutor may file a petition in the district court or municipal court to declare dangerous the dog that caused physical injury, serious physical injury, or death to a person in the jurisdiction of the county or municipality. (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. (Acts 1990, No. 1180.). c. The owner of the dangerous dog shall provide a copy of the certificate of the current rabies vaccination of the dog. 668, p. 1061, 6; Code 1940, T. 8, 110(6).). CHAPTER 6. 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. 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. 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. Stay up-to-date with how the law affects your life. Please be assured that your information will remain confidential and will not be shared. Sworn statement; dangerous dog investigation; hearing; procedures. (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. (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.
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