Alabama law does not make this action a crime, although theft or property damage laws may apply. 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. 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. Relation to Volunteer Service Act. Is capable of being locked with a key or combination lock when the dog is within the structure. 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. Chapter 1. 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. (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. Isn'tit better if dogs run wild and just have fun?" Uh -- no! TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 9-11-307. (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. 82-461, p. 739; Acts 1984, 1st Ex. Their vote makes the state law applicable to Elmore County. 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. 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. Calhoun County, AL Family Law Attorney. 3-1-11.1 . Rabies; Title 3. FISH, GAME, AND WILDLIFE. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. The State Health Officer or any county health officer as defined in Section 22-3-2, or his or her designee. | https://codes.findlaw.com/al/title-3-animals/al-code-sect-3-1-5/. When dogs permitted in areas; liability of owners of dogs at large in areas. 3-7A-2. Box 1511 Montgomery, AL 36102-1511. 607, p. 812, 9901, as amended, effective January 1, 1980. 90-530, p. 816, 5; Act 2009-636, p. 1949, 1.). . 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. 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. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. An agent of a county or municipality vested with impounding authority for animals covered under this chapter. (Acts 1990, No. 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. (Code 1876, 4411; Code 1886, 3871; Code 1896, 5092; Code 1907, 6231; Code 1923, 3213; Code 1940, T. 3, 10.). Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. Destruction of impounded dogs and cats; when authorized; redemption by owner; sale of impounded animals. An injury as defined in Section 13A-1-2(12). 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. Local Laws Alabama Code Title 45. 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. Any duly authorized officer or employee of a recognized humane society shall have the right to take charge of any animal which is sick or disabled due to neglect or is being cruelly treated or abused and to provide care for such animal until it is deemed to be in suitable condition to be returned to its owner or to the person from whose custody such animal was taken. (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. (8) Impounding officer. Article 8. ABA Votes To Keep Admission Tests Requirement There is 1 Court per 16,503 people, and 1 Court per 86 square miles. LIABILITY OF OWNERS OF DOGS BITING OR INJURING PERSONS. Alabama Leash Law Dogs are not permitted to run at large in Alabama. Placement of area under quarantine; additional measures. They must be appropriately confined at all times, either by a leash when off the property or other means to keep them within an owner's property. 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. Do not send reports of suspected abuse or neglect via email. (Ala. Code 1975 3-1-29), 3-5-3. Replacement of certificate and tag. this Section. Copyright 2023, Thomson Reuters. . Council Schedule. 3-1-1. View Lawyer Profile. Dummier Young LLC. When any person owns or keeps a vicious or dangerous animal of any kind and, as a result of his careless management of the same or his allowing the same to go at liberty, and another person, without fault on his part, is injured thereby, such owner or keeper shall be liable in damages for such injury. 90-530, p. 816, 8; Act 2009-636, p. 1949, 1.). (256) 847-3777. All four sides of the fence or pen must be sunk at least two feet into the ground or the fence or pen must be built over a concrete pad to prevent the dog from digging out. [Link to page for provisions for Chilton County only (Ala.Code 1975 45-11-172 - 172.08)]. All members of the domesticated canine (Canis familiaris) family. 2023 LawServer Online, Inc. All rights reserved. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. 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. CHAPTER 11. James Vercell Seal. 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. 1180.). You might wonder "Why? 607, p. 812, 9901, as amended, effective January 1, 1980. (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. 3-1-4 . Destruction of domesticated species exposed to rabid animal; quarantine as option on recommendation of Department of Public Health. 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. (2) The sworn statement shall be delivered to an animal control officer who shall complete a dangerous dog investigation. Part 4. Liability of owner, etc., for injuries caused by rabid dog. (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. Penalties for violations of provisions of article, etc. 3-1-11. Destruction of certain abandoned animals by members, etc., of societies for prevention of cruelty to animals. (Acts 1990, No. FISH, GAME,AND WILDLIFE. Alabama Code 45-49-170.03. (b) This section shall not apply to the running at large of any dog or dogs within Nothing in this section shall prevent the owner of any dog or dogs or other person 3-6A-8. 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. (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. If the humane society determines that the animal cannot be sold, it may cause the animal to be otherwise disposed of. Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. (3) Bitten. Penalty for dog or cat without tag or certificate. Graduated from Cumberland School of Law, Birmingham, Alabama in 1994. 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. Dogs and cats to be immunized; certificate; validity; to whom sale, etc., of vaccine may be made. All rights reserved. c. The owner of the dangerous dog shall provide a copy of the certificate of the current rabies vaccination of the dog. 3-1-29. (256) 403-0521. 461, p. 702; Code 1923, 3223; Code 1940, T. 3, 60.). Sess., No. 82- 626, p. Before you file legal papers, take some time to familiarize yourself with the resouces offered by your local court. (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. 3-7A-11 . Feel free to ask any questions you have before hiring a lawyer to make sure you understand what . Unlawful or malicious killing, injury, etc., of dog of another. Aggressive physical contact by a dog. 3-1-6 . Destruction of domesticated species exposed to rabid animal; quarantine as option on recommendation of Department of Public Health. 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. (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. 185, p. 259; Code 1923, 3221; Code 1940, T. 3, 5.). Sess., p. 207, 1.). 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. Shirley A. Millwood. 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. 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. Duties of animal control officer. Notice of such rules and regulations shall be given by publication 30 days before the effective date. (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. Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. (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. Animal advocates in the county say the there's no animal control officer to pick. 3-1-28. In extreme situations, the State Health Officer may place the area under quarantine without waiting for local request. (2) Cat. How to Find Sex Offender Information. Birmingham. 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. LIABILITY OF OWNERS OF DOGS BITING OR INJURING PERSONS. Title 3. (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. Family Court Divisions: 256-231-1740, Suite 500. 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. 90-530, p. 816, 7; Act 2009-636, p. 1949, 1.). 3-6-1 . 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 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. 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. 3-6A-7. If the owner of an impounded animal is known, the owner shall be given direct notice of the impoundment. 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. Any person who violates this section shall be guilty of a misdemeanor and, upon conviction shall be fined an amount not to exceed fifty dollars ($50). Current as of January 01, 2019 | Updated by FindLaw Staff. Most courts now offer at least some materials and forms to help you understand and manage your child custody case. Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. A paper copy or electronic copy or evidence thereof shall be maintained by the licensed veterinarian for a period of one year past the expiration date of a certificate. (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. 3-7A-10 . 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. 3-1-8. TITLE 3. Alabama: Calhoun County Circuit Court 25 W 11th St, Anniston, AL 36201 Phone: (256) 231-1750. (9) Proper enclosure of a dangerous dog. Attorney Ratings. Mayor TITLE 9. (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. 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. TITLE 3. A signed paper copy of the certificate prescribed herein shall be delivered to the owner of the animal immunized. 2023 Michigan State University College of Law. Maintenance of pound; notice of impoundment; adoption of animals. 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. Dogs are considered vicious that have bitten or have threatened to bite persons. No such animal shall be burned or buried sufficiently near a residence or residences as to create a nuisance. A LeashLaw is one that prohibits dog owners from letting their dogs run loose,meaning dogs must always be confined or leashed. Penalty for dog or cat without tag or certificate. 1. review. Entered active duty in the United States Army . (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. (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. Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same. 90-530, p. 816, 14; Act 2009-636, p. 1949, 1.). View Website View Lawyer Profile Email Lawyer. 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