A dog, regardless of its breed, that has bitten, attacked, or caused physical injury, serious physical injury, or death to a person without justification, except a dog that is a police animal as defined by Section 13A-11-260, used by law enforcement officials for legitimate law enforcement purposes. Aggressive physical contact by a dog. 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. The committee shall consider all cost factors in administering the vaccine as the economy dictates, including but not limited to the current prices of vaccines. 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. 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. broadband infrastructure by state law to public or private entities for providing or expanding broadband infrastructure. (b) Nothing in this chapter is designed to abrogate any civil remedies available under statutory or common law. 3-7A-7. The Calhoun County Commission would like to welcome you to the Calhoun County WEB site and hope you will return often. (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. Taken into the custody of law enforcement, the county pound, or an animal control authority or provider of animal control services to the municipality or county where the dangerous dog is found. (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. Any dog trained to hunt wild game with a handler. 3-1-10. 9 sec. (Acts 1935, No. Replacement of certificate and tag. (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. 1975-01 - Ordinance Regulating The Erection, Construction And Enlargement, . 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. 90-530, p. 816, 1; Act 2009-636, p. 1949, 1.). The surety bond required by subparagraph 1. shall provide coverage for dog bites, injuries, or death caused by the dog. (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. CALHOUN COUNTY, ALABAMA NOVEMBER 8, 2022 ABSENTEE OFFICIAL BALLOT BALLOT STYLE - 1 GENERAL AND CONSTITUTIONAL AMENDMENT ELECTION CALHOUN COUNTY, ALABAMA . LIABILITY OF OWNERS OF DOGS BITING OR INJURING PERSONS. 9-11-238. The Petitioner must be a legal resident of Calhoun County and age 19 or older. Copyright 2023, Thomson Reuters. Dummier Young LLC. Birmingham School of Law and Thomas Goode Jones School of Law, Faulkner University Jacksonville State University and Gadsden State Community College Alabama. If the humane society determines that the animal cannot be sold, it may cause the animal to be otherwise disposed of. 2nd Monday of each Month 5:30 P.M Work . 3-6-2. 3-7A-2. 607, p. 812, 9901, as amended, effective January 1, 1980. (Acts 1990, No. Cruelty to animals. 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. (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. Confinement under the direct care, custody, control, and supervision of a licensed veterinarian for a period of 10 days subsequent to the date of the exposure, or as otherwise directed by the appropriate health officer. 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. Repealed by Acts 1977, No. 1 - Creation and Modification of Counties, Texas Constitution Art. Sterilization of Dogs and Cats. The amount paid for the board of the animal shall accrue to the credit of the city or county, depending upon the jurisdiction of the pound in which the animal was confined. For dogs that haven't been. Sign up for our free summaries and get the latest delivered directly to you. The filing fee is $65.00 Minor Name Changes You will need to contact an attorney for a minor name change 82-461, p. 739; Acts 1984, 1st Ex. 82- 626, p. 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. Liability of owner, etc., for injuries caused by rabid dog. Local laws, such as local animal control ordinances, are part of a city and/or county code. (3) If the state meets its burden at the forfeiture hearing, the judge shall order the owner or keeper to forfeit ownership of the dog. Feel free to ask any questions you have before hiring a lawyer to make sure you understand what . (11) Quarantine for rabies observation. Replacement of certificate and tag. (5) Has been exposed. 3-8-1 . 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. the corporate limits of any city or town in this state that requires a license tag Code of Alabama. 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. (Acts 1990, No. b. ANIMALS. 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. The animal control officer shall file a summons for the owner of the dog, if known, with the municipal court or district court. 3-1-2. Impoundment of dogs; redemption or destruction of impounded dogs. Or perhaps, the lack of animal control. c. Provides adequate ventilation and protection from the elements. 3-1-9. 3-6A-7. Construction and application of chapter. 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. Health and Environment. 3-7A-5 . 90-530, p. 816, 3; Act 2009-636, p. 1949, 1.). 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. TITLE 3. 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. 3-1-11.1. Lynne Whitten, Supervisor - Appeals. Nothing in this section shall prevent the owner of any dog or dogs or other person (Code 1867, 1296; Code 1876, 1601; Code 1886, 1379; Code 1896, 421; Code 1907, 2832; Code 1923, 6072; Code 1940, T. 3, 1.). Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same. Calhoun County, AL Family Law Attorney. 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. Courts in Calhoun County, Alabama. (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. 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. Kim McCarson, Circuit Clerk. Alabama law is clear on reporting abuse and neglect of children under the age of 19. 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. All members of the ferret (Mustela putorius furo) family. Injury or destruction of dipping vat of another. 3-7A-10. 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. Cullman County Animal Control Division Director Tim McKoy said the county has a leash law. Repealed by Acts 1977, No. At its discretion, the humane society or other agency handling stray animals shall humanely dispatch or dispose of any confiscated dog. Killing or disabling livestock; penalty. For the purposes of this chapter, the following words shall have the following meanings: (1) Animal control officer. Before you file legal papers, take some time to familiarize yourself with the resouces offered by your local court. AL 35128. ANIMAL. b. (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). View Website View Lawyer Profile Email Lawyer. - Repealed by Act 2015-70, 1(12), effective April 21, 2015. 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. (Acts 1990, No. Relation to Volunteer Service Act. ; failure to burn or bury dead animal, etc. Cullman, AL (35055) Today. A signed paper copy of the certificate prescribed herein shall be delivered to the owner of the animal immunized. 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. (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. (a) For the purposes of this section, the following terms shall have the following meanings: (1) Agricultural work dog. View Lawyer Profile. There's a simmering controversy in Calhoun County over animal control. Penalty for dog or cat without tag or certificate. 9 sec. 3-7A-9 . 84-796, p. 206; Act 2011-542, 1.). ; failure to burn or bury dead animal, etc. Permitting dog or hog known to kill, etc., sheep, domestic fowl, etc., to run at large. 3-1-4. 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. No person may file more than one motion seeking an adjustment to the bond or funds to be deposited for each six-month period for which the dog is held under this section. CHAPTER 11. General Provisions. (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. Contact information is as follows: Calhoun County Animal Control 3605 Morrisville Rd Anniston, AL 36201 Phone: 256-241-2929 animalcontrol@calhouncounty.org Rabies vaccine required for any canidae or felidae; applicability. the same has been adopted by the county commission of such county. 3-1-8 . 2. Violators will . 3-1-2 . 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. Get free summaries of new opinions delivered to your inbox! 93-719, p. 1406, 1-3; Act 2004-627, p. 1421, 1.). Refusal to permit guide dog to accompany blind person into place of public accommodation, etc. Chapter 1. The age of the majority in Alabama is now 19. Title 45. g.1. 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. 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. Their vote makes the state law applicable to Elmore County. Relation to Volunteer Service Act. (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. 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. (3) Bitten. (9) Proper enclosure of a dangerous dog. (Code 1896, 422; Code 1907, 2833; Code 1923, 6074; Code 1940, T. 3, 7.). The administration of rabies vaccine to species other than those for which reliable immunization data is available shall be a violation of this chapter. 3-1-11.1 . TITLE 3. View Website View Lawyer Profile Email Lawyer. Birmingham. FISH, GAME, AND WILDLIFE. 607, p. 812, 9901, as amended, effective January 1, 1980. Get Help With Alabama Child Custody. In that instance, a new certificate marked duplicate may be issued and distributed according to Section 3-7A-2. Calhoun County uses the latest encryption technology to safeguard information entered into the system. (Acts 1915, No. TITLE 9. Section 3-1-5 Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. Family Court Divisions: 256-231-1740, Suite 500. (Acts 1990, No. 3-6-1. Certificates not complying with the provisions of this section, or certificates issued by those persons unauthorized to administer rabies vaccine, shall not be valid. Any expenses incurred in the quarantine of the offending animal under this section and Section 3-7A-8 shall be borne by the owner. (Ala. Code 1975 3-1-29), 3-5-3. 90-530, p. 816, 5; Act 2009-636, p. 1949, 1.). No person shall keep any dog which has been known to kill or worry sheep or other stock without being set upon the same. 3-1-13 . 9-11-306. (i) At any time, if a dog is confiscated pursuant to this section, the state or entity holding the dog may file a petition with the circuit court seeking civil forfeiture of the seized dog. 1975 Ordinances . 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. (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. Most courts now offer at least some materials and forms to help you understand and manage your child custody case. In Alabama, Calhoun County is ranked 50th of 67 counties in Courts per capita, and 9th of 67 counties in Courts per square mile. The owner shall provide proof of the surety bond each time the annual dangerous dog registration fee is paid. (Acts 1967, No. (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. 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. Any person violating this section shall be guilty of a misdemeanor and shall be Commission Office 1702 Noble Street Suite 103 Anniston, AL 36201 Phone: 256-241-2800 (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. An enclosure for the confinement of a dog that has been declared dangerous that is suitable to prevent the entry of the general public and that does all of the following: a. Phone:(205) 814-1567. The court shall set a hearing date not more than 30 days from the filing of the application and shall give notice of the same to the owners of the animals. (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. or dogs is or are regularly kept. (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. Graduated from Cumberland School of Law, Birmingham, Alabama in 1994. Nothing in this chapter shall be construed to repeal other criminal laws. 3-1-1 . Nearly every administrationin the country has a leash law. 90-530, p. 816, 8; Act 2009-636, p. 1949, 1.). (d) If a dog that has not been declared by a court to be dangerous, when unjustified, attacks and causes physical injury 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 B misdemeanor. Activities relating to fighting of dogs prohibited; violations; confiscation; procedures for disposition of animals; bond for the care of seized dog; forfeiture. c. The animal control officer shall send a copy of the investigation report to the county attorney, municipal attorney, or municipal prosecutor. No such animal shall be burned or buried sufficiently near a residence or residences as to create a nuisance. (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. 3-6-2 . Title 3. Carrie Hudson - Domestic Relations. You might wonder "Why? 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. Comprehensive lawyer profiles including fees, education, jurisdictions, awards, publications and social media. 45-37A-53.01. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. Keeping of dogs in certain vacant lots. 461, p. 702; Code 1923, 3223; Code 1940, T. 3, 60.). 1. The dangerous dog shall be microchipped. Burial or burning of bodies of dead animals generally; burning of hogs dying from cholera, etc. (2) For amusement or gain, to cause any dog to fight with another dog, or cause any dogs to injure each other. (3) Dog. (3) To permit any act in violation of subdivisions (1) and (2) of this subsection. (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. The court shall award the animals to the humane society or other agency handling stray animals. All members of the domesticated canine (Canis familiaris) family. 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. How to Find Sex Offender Information. 9-11-307 . Alabama Code 45-49-170.03. 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. 3-1-14 . (4) Dangerous dog. 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. 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. 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. Council Schedule. of (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. 3-1-13. 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. 607, p. 812, 9901, as amended, effective January 1, 1980. 185, p. 259; Code 1923, 3221; Code 1940, T. 3, 5.). Dogs and cats to be immunized; certificate; validity; to whom sale, etc., of vaccine may be made. Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns. 3-7A-6 . It must be notarized outside the Calhoun County Probate Office. 3-7A-8 . (8) Physical injury. 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. 3-1-7. Destruction of certain abandoned animals by members, etc., of societies for prevention of cruelty to animals. LawServer is for purposes of information only and is no substitute for legal advice. 3-7A-13 . on which such dog or dogs is or are regularly kept. (2) If the court determines that the dog is dangerous, but has not caused serious physical injury or death to a person, the court shall determine whether the dog has a propensity to cause future serious physical injury or death. Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. (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. (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. 3-7A-10 . 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. Animals. 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). 9-11-305. 3-7A-2 . Dogs and cats to be immunized; certificate; validity; to whom sale, etc., of vaccine may be made.