Any dog that is trained to herd or protect livestock or to otherwise assist in agricultural work and is actually or has been used for such purposes. 3-1-28 . (a)(1) When a person claims that a dog is dangerous, the person shall make a sworn statement before a city magistrate or sheriff setting forth the name of the dog owner, if known, the location where the dog is being kept in the city or county, and the reason he or she believes the dog to be dangerous. (d) Nothing in this chapter shall be construed to require any county or municipality to employ or make available an animal control officer. Nothing in this section shall prevent the owner of any dog or dogs or other person (g) An owner of a dog that is the subject of a dangerous dog investigation who refuses to surrender the dog to an animal control officer or law enforcement officer, upon the request of the animal control officer or law enforcement officer, shall be guilty of a Class C misdemeanor. (7) Immunization against rabies. 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. Courts in Calhoun County, Alabama. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 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. 9 sec. (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. b. 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. Liability of Owners of Dogs Biting or Injuring Persons; Title 3. Article 8. 90-530, p. 816, 8; Act 2009-636, p. 1949, 1.). Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. (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. 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. Penalty for dog or cat without tag or certificate. 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. More than 40 people attended the hearing, which started at 5 p.m. in the commission room at the Chilton County Courthouse. Alabama Code 45-49-170.03. Repealed by Acts 1977, No. 9-11-307 . (i) The pleading and practice in all cases to petition the court to declare a dog to be dangerous under this section shall be in accordance with the Alabama Rules of Civil Procedure and rules of the courts governing municipal courts in this state unless otherwise specified by this chapter. Destruction of domesticated species exposed to rabid animal; quarantine as option on recommendation of Department of Public Health. 3-6A-8. CHAPTER 11. 1180.). Nothing in this chapter shall be construed to repeal other criminal laws. If any dog, not being at the time on the premises of the owner or person having charge thereof, shall kill or injure any livestock, the owner or person having such dog in charge shall be liable for damages sustained by the killing or maiming of any livestock and for the full costs of the action. (1) If, within 72 hours of the conclusion of the hearing, the owner or keeper fails to post the bond or deposit funds with the clerk of the court as ordered by the court, then the dog shall be forfeited by operation of law. 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. Compare 46 attorneys in Calhoun County, Alabama on Justia. (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. A licensed veterinarian and his or her assistants, whether compensated by fee or otherwise or not compensated, when assisting the county rabies officer at any officially designated rabies vaccination clinic shall be considered a volunteer for the purpose of Section 6-5-336. All members of the ferret (Mustela putorius furo) family. Certificates not complying with the provisions of this section, or certificates issued by those persons unauthorized to administer rabies vaccine, shall not be valid. 3-7A-2 . (Acts 1990, No. Destruction of domesticated species exposed to rabid animal; quarantine as option on recommendation of Department of Public Health. 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. of (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. How to Find Sex Offender Information. 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. 82-461, p. 739; Acts 1984, 1st Ex. (c) For purposes of this section, livestock is defined as equine or equidae, cows, swine, goats, and sheep. There are 7 Courts in Calhoun County, Alabama, serving a population of 115,527 people in an area of 606 square miles. . ANIMALS. Destruction of certain abandoned animals by members, etc., of societies for prevention of cruelty to animals. 1 - Creation and Modification of Counties, Texas Constitution Art. MADISON, Ala. - The City of Madison has a new animal tethering ordinance in place. Dummier Young LLC. For dogs that haven't been. 90-530, p. 816, 5; Act 2009-636, p. 1949, 1.). GENERAL PROVISIONS. Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game. Any expenses incurred in the quarantine of the offending animal under this section and Section 3-7A-8 shall be borne by the owner. (Code 1876, 4411; Code 1886, 3871; Code 1896, 5092; Code 1907, 6231; Code 1923, 3213; Code 1940, T. 3, 10.). (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. ; failure to burn or bury dead animal, etc. After hearing from residents, the county commission approved the leash law. When dogs permitted in areas; liability of owners of dogs at large in areas. 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. (b) Nothing in this chapter is designed to abrogate any civil remedies available under statutory or common law. Article 5. Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same. (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. Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc. Leash laws; enforcement LawServer. (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. Any dog trained to hunt wild game with a handler. 90-530, p. 816, 14; Act 2009-636, p. 1949, 1.). 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. The court shall award the animals to the humane society or other agency handling stray animals. of Economic and Community Affairs at 334-242-5290 as well as city or county building departments concerning codes for residential and most commercial property. 383, p. 813, 8; Code 1940, T. 8, 89.). (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. (Acts 1990, No. 3-1-11.1. 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. (4) Ferret. Box 1511 Montgomery, AL 36102-1511. 3-1-5. or dogs is or are regularly kept. 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. Impoundment of dogs; redemption or destruction of impounded dogs. Sign up for our free summaries and get the latest delivered directly to you. (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. ANIMALS. In extreme situations, the State Health Officer may place the area under quarantine without waiting for local request. Title 3. 3-1-6. 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. Chance of rain 80%.. . Sess., No. (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. Copyright 2023, Thomson Reuters.