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. Get free summaries of new opinions delivered to your inbox! 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. Mayor 383, p. 813, 8; Code 1940, T. 8, 89.). (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. 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. (4) Ferret. The form must be filled out completely before returning to the Calhoun County Probate Office. 3-1-13. Construction and application of chapter. 2 - Removal of County Seats, Texas Constitution Art. 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. 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. 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. Animals. (256) 403-0521. The State Health Officer or any county health officer as defined in Section 22-3-2, or his or her designee. 3-7A-11. 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. ; failure to burn or bury dead animal, etc. Destruction of domesticated species exposed to rabid animal; quarantine as option on recommendation of Department of Public Health. Placement of area under quarantine; additional measures. 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. Calhoun County, AL Attorney. 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. 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. Repealed by Act 2015-70, 1(12), effective April 21, 2015. g.1. 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. 185, p. 259; Code 1923, 3221; Code 1940, T. 3, 5.). You already receive all suggested Justia Opinion Summary Newsletters. c. Provides adequate ventilation and protection from the elements. 90-530, p. 816, 10; Act 2009-636, p. 1949, 1.). (Ala. Code 1975 3-1-29), 3-5-3. d. Exhibits a sign conspicuously posted upon the pen or the structure containing the following: Dangerous Dog--No Trespassing.. Indiana Petition for Waiver of Reinstatement Fee, California Codes > Government Code > Title 3 - Government of Counties, Florida Statutes > Chapter 7 - County Boundaries, Florida Statutes > Title XI - County Organization and Intergovernmental Relations, Illinois Compiled Statutes > 55 ILCS 5 > Article 1 > Division 1-1 - Short Title, Boundaries, Jurisdiction, Illinois Compiled Statutes > 55 ILCS 5 > Article 1 > Division 1-2 - Alteration Of County Lines, Illinois Compiled Statutes > 55 ILCS 5 > Article 1 > Division 1-3 - New Counties, Illinois Compiled Statutes > 55 ILCS 5 > Article 1 > Division 1-4 - Uniting Counties, Illinois Compiled Statutes > Chapter 55 - Counties, Missouri Laws > Title VI - County, Township and Political Subdivision Government, New York Laws > Alternative County Government, Texas Constitution > Article 9 - Counties, Texas Constitution Art. The surety bond required by subparagraph 1. shall provide coverage for dog bites, injuries, or death caused by the dog. Unlawful or malicious killing, injury, etc., of dog of another. 3-1-8 . Article 5. Read this complete Alabama Code Title 3. 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. 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. 3-1-2. Cruelty to animals. 3-1-8 . An injury as defined in Section 13A-1-2. Birmingham School of Law and Thomas Goode Jones School of Law, Faulkner University. Liability of Owners of Dogs Biting or Injuring Persons; Title 3. Animals. dogs to accompany such owner or other person or persons elsewhere than on the premises (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. The compensation of the rabies officer and his or her deputies shall be limited to the fees collected from enforcement of this chapter. This site is protected by reCAPTCHA and the Google, There is a newer version (3) Dog. Calhoun County, AL Attorney. (11) Quarantine for rabies observation. Repealed by Acts 1977, No. A dog owner may be fined between $2 and $50 for failure to leash the dog. The rabies officer may be removed from office, for cause, by the county board of health or the State Health Officer. Birmingham. (Acts 1967, No. Maintenance of pound; notice of impoundment; adoption of animals. 3-1-11.1 . https://codes.findlaw.com/al/title-3-animals/al-code-sect-3-1-5/, Read this complete Alabama Code Title 3. 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. Sess., p. 207, 1.). Destruction of domesticated species exposed to rabid animal; quarantine as option on recommendation of Department of Public Health. 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. Killing or disabling livestock; penalty. (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. f. The enclosure shall be locked at all times while the dog is inside the enclosure. 3-7A-8. If the owner of an impounded animal is known, the owner shall be given direct notice of the impoundment. 9-11-307. . 90-530, p. 816, 14; Act 2009-636, p. 1949, 1.). (5) Has been exposed. Courts in Calhoun County, Alabama. All members of the canine family including dog hybrids. (Code 1907, 2471; Code 1923, 5679; Code 1940, T. 3, 6.). 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. Dogs and cats to be immunized; certificate; validity; to whom sale, etc., of vaccine may be made. 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. GENERAL PROVISIONS. (2) Attack. Burial or burning of bodies of dead animals generally; burning of hogs dying from cholera, etc. 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. Notice of such rules and regulations shall be given by publication 30 days before the effective date. ANIMALS. (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. County rabies officer; application; appointment; term; powers and duties; authority of county board of health. Their vote makes the state law applicable to Elmore County. Government, Calhoun County, Alabama. 3-1-3 . 3-1-7. CONSERVATION AND NATURAL RESOURCES. Residents in Alabama, home to many pecan and oak trees, can recover additional damages if someone deliberately damages their tree. (a) Every owner of a dog, cat, or ferret required to be immunized for rabies as defined in this chapter, shall cause the animal to be immunized by the rabies officer, his or her authorized representative, or any duly licensed veterinarian, when the animal reaches three months of age and subsequently in accordance with the intervals specified in the vaccine's license. 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. 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. (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. Relation to Volunteer Service Act. (8) Impounding officer. Any person violating this article or any rule adopted by the Commissioner of the Department of Conservation and Natural Resources under the authority of this article shall be guilty of a Class C misdemeanor, punishable as provided by law, except that the minimum fine shall not be less than one hundred dollars ($100).Credits(Acts 1939, No. 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. ARTICLE 10. 3-6-1 . Injury or destruction of dipping vat of another. 3-7A-13. (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. (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. 3-7A-6. 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 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. 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. (Acts 1939, No. Do not send reports of suspected abuse or neglect via email. 3-1-6. More than 40 people attended the hearing, which started at 5 p.m. in the commission room at the Chilton County Courthouse. 3-1-14 . 3-8-1 . . 3-7A-8 . (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. The age of the majority in Alabama is now 19. Burial or burning of bodies of dead animals generally; burning of hogs dying from cholera, etc. 461, p. 702; Code 1923, 3223; Code 1940, T. 3, 60.). At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Repealed by Acts 1977, No. 90-530, p. 816, 3; Act 2009-636, p. 1949, 1.). (Acts 1990, No. If the humane society determines that the animal cannot be sold, it may cause the animal to be otherwise disposed of. (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. (Code 1852, 186, 191; Code 1867, 3733, 3738; Code 1876, 4408, 4420; Code 1886, 3869; Code 1896, 5090, 5091; Code 1907, 6230; Code 1923, 3212; Code 1940, T. 3, 9; Acts 1982, No. Repealed by Acts 1977, No. 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. 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. 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. fined not less than $2.00 nor more than $50.00. Permitting dog or hog known to kill, etc., sheep, domestic fowl, etc., to run at large. 9-11-306. - Repealed by Act 2015-70, 1(12), effective April 21, 2015. Kim McCarson, Circuit Clerk. (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. Any person knowingly keeping such dog is liable for double the value of all stock killed or injured by such dog, such damages to be recovered by the owner of such stock before any court of competent jurisdiction and no action shall be maintained against anyone for killing such dog. 9 sec. (7) Owner. The Legislature finds that certain dogs are an increasingly serious and widespread threat to the safety and welfare of citizens of this state by virtue of their unjustified attacks on and associated injury to individuals; that these attacks are in part attributable to the failure of owners to confine and properly train and control these dogs; that existing laws inadequately address this problem; and that it is therefore appropriate and necessary to impose a uniform set of state requirements on the owners of dangerous dogs. the same has been adopted by the county commission of such county. James Vercell Seal. Title 3. 2nd Monday of each Month 5:30 P.M Work . 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. 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. The Calhoun County Commission would like to welcome you to the Calhoun County WEB site and hope you will return often. 3-7A-5. 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. No conviction must be had, if it is shown that, before the commencement of the prosecution, compensation for the injury was made or tendered to the owner. (Acts 1990, No. 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. Destruction of impounded dogs and cats; when authorized; redemption by owner; sale of impounded animals. 3-7A-13 . (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. The owner shall provide proof of the surety bond each time the annual dangerous dog registration fee is paid.
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calhoun county alabama leash law