Section 3-1-1
Section 3-1-1 Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same.
No person shall keep any dog which has been known to kill or worry sheep or other stock without being set upon the same. 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.
(Code 1867, §1296; Code 1876, §1601; Code 1886, §1379; Code 1896, §421; Code 1907, §2832; Code 1923, §6072; Code 1940, T. 3, §1.)Section 3-1-10
Section 3-1-10 Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another - Prohibited.
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.
(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. 82-626, p. 1180.)Section 3-1-11.1
Section 3-1-11.1 Killing or disabling livestock; penalty.
(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.
(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.
(c) For purposes of this section, livestock is defined as equine or equidae, cows, swine, goats, and sheep.
(Acts 1993, No. 93-719, p. 1406, §§1-3; Act 2004-627, §1.)Section 3-1-11
Section 3-1-11 Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another - Proof of trespassing by animal in mitigation or justification of offense; tender of compensation.
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. 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.
(Code 1876, §4411; Code 1886, §3871; Code 1896, §5092; Code 1907, §6231; Code 1923, §3213; Code 1940, T. 3, §10.)Section 3-1-13
Section 3-1-13 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 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.
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 necessary expenses incurred for the care and keeping of the animal after such notice by the humane society shall be a lien thereon and, if the animal is not reclaimed within 10 days from the giving of such notice, the humane society may sell the animal to satisfy such lien. If the humane society determines that the animal cannot be sold, it may cause the animal to be otherwise disposed of.
(Acts 1961, Ex. Sess., No. 84, p. 2001.)Section 3-1-15
Section 3-1-15 Sale, offer for sale, barter, etc., of baby rabbits, chicks, ducklings, etc., as pets or novelties.
It shall be unlawful for any person, firm or corporation to display, sell, offer for sale, barter or give away any baby rabbits, or baby chicks, ducklings or other fowl, but not including parrots, parakeets and canaries, as pets or novelties, regardless of whether or not such rabbits or fowl are dyed, colored or otherwise artificially treated.
Whoever violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished as prescribed by law.
(Acts 1959, No. 104, p. 590.)Section 3-1-16
Section 3-1-16 Employment by county commissions of persons to enforce laws for prevention of cruelty to animals; compensation, oath and powers of same.
The county commissions of the respective counties of this state may employ a suitable person or persons who shall be charged specially with the duty of enforcing all laws for the prevention of cruelty to animals, and to fix the compensation of such officer or officers, which shall be paid in the same manner as other salaries of county employees are paid, and such officer or officers, upon taking the oath as required to be taken by deputy sheriffs, shall be vested with all powers now vested by law in deputy sheriffs.
(Acts 1911, No. 127, p. 112; Code 1923, §3217; Code 1940, T. 3, §13.)Section 3-1-17
Section 3-1-17 Notification of owners, etc., of dairies upon discovery of cows affected with tuberculosis.
Whenever any regular authorized inspector or his assistant of any city or town in this state shall find that any dairy cow or cows in any dairy in the county or in an adjoining county of such city or town used for the production of milk for the inhabitants of any such city or town are affected with tuberculosis, as determined by the tuberculin test of the Department of Agriculture of the United States of America, or are as otherwise shown to be affected with tuberculosis, such authorized inspector of such city or town or his assistant shall immediately notify the owner, proprietor or manager of such dairy, either in person or in writing, of the presence of such animal or animals affected with such tuberculosis.
(Acts 1911, No. 503, p. 566; Code 1923, §4442; Code 1940, T. 3, §14.)Section 3-1-18
Section 3-1-18 Removal from herd and slaughter or isolation of tuberculous cows generally; procedure for isolation, retesting, slaughter, etc., of same; compensation of owners for slaughtered cows, etc., determined not to have been affected by tuberculosis.
The owner or proprietor or manager of any such dairy, upon being notified by such inspector or his assistant, shall remove or cause to be removed, within 24 hours, said tuberculous cow or cows from his herd to a public abattoir and, under the supervision of such inspector or his assistant, such tuberculous cow or cows must be slaughtered immediately unless such owner, proprietor or manager removes said tuberculous cow or cows from the herd under the supervision of such inspector or his assistant and keeps them isolated therefrom at the expense of the owner for a period of from two to six months, at the expiration of which time said cow or cows shall be retested by said inspector or his assistant and also by some competent veterinarian to be selected by the owner of said cow or cows and, if said inspector or his assistant and the veterinarian so selected by the owner shall fail to agree as to whether said cow or cows are affected with tuberculosis, then said inspector or his assistant, together with the veterinarian selected by the owner, shall call in another competent veterinarian to test said cow or cows. If a majority of such persons should determine that said cow or cows are affected with tuberculosis, the same shall be slaughtered immediately. A postmortem examination on the slaughtered cows shall thereupon be held by the three persons designated in this section, and, if it should be determined by said persons or a majority of them after the holding of such postmortem examination that said cow or cows are not affected with tuberculosis, then the city, town or county employing said inspector who originally pronounced said cows affected with tuberculosis shall immediately pay to the owner of such cow or cows the reasonable value thereof and the reasonable fees of the veterinarian or his assistant called in to aid said inspector or his assistant in making the postmortem examination of said cow or cows.
(Acts 1911, No. 503, p. 566; Code 1923, §§4443-4445; Code 1940, T. 3, §15.)Section 3-1-19
Section 3-1-19 Penalties for violations of provisions of Sections 3-1-17 and 3-1-18.
Any person, firm, corporation or association violating the provisions of Sections 3-1-17 and 3-1-18 shall be fined not more than $500.00 and may also be sentenced to imprisonment in the county jail for three months.
(Acts 1911, No. 503, p. 566; Code 1923, §4446; Code 1940, T. 3, §16.)Section 3-1-2
Section 3-1-2 Liability of owner, etc., for injuries caused by rabid 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.
(Acts 1915, No. 477, p. 541; Code 1923, §6073; Code 1940, T. 3, §2.)Section 3-1-20
Section 3-1-20 Sale or purchase of domestic animals or fowl between sunset and sunrise.
Any person who shall sell or buy any domestic animal or domestic fowl between the hours of sunset and sunrise shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $50.00 nor more than $500.00 and may also be sentenced to hard labor for the county for a period not exceeding one year; provided, however, that this section shall not apply to merchants, grocers or market men, who have a fixed place of business, selling to consumers, when the sales are made at such place of business.
(Code 1907, §6238; Code 1923, §3229; Code 1940, T. 3, §17.)Section 3-1-21
Section 3-1-21 Sale or exchange of horse or mule affected with glanders, etc.; fee of district attorney.
Any person who, by himself or another or as agent for another, shall knowingly sell or exchange any horse or mule subject to the disease or affection known as 'choking,' or affected with glanders or some other fatal, contagious or infectious disease must, on conviction, be fined not less than $100.00 nor more than $500.00 and may also be sentenced to hard labor for the county for not less than three nor more than six months. One half of the fine shall go to the party injured. For each conviction under this section, the district attorney shall be entitled to a fee of $50.00.
(Code 1886, §3839; Code 1896, §4762; Code 1907, §6239; Code 1923, §3230; Code 1940, T. 3, §18.)Section 3-1-22
Section 3-1-22 Sale, etc., of mare or jennet subject to lien for services of stallion or jack prior to payment of price stipulated for such service.
Any person who, with a knowledge of the lien, sells or otherwise disposes of any mare or jennet before the stipulated price for the service of any stallion or jack, for which a lien is given by law, is paid must, on conviction, be fined not more than $100.00.
(Code 1876, §4356; Code 1886, §3838; Code 1896, §4761; Code 1907, §6240; Code 1923, §3231; Code 1940, T. 3, §19.)Section 3-1-23
Section 3-1-23 Burning, cauterizing, etc., of teeth of horse, mule, etc., for purpose of fraudulently making horse, etc., appear younger - Prohibited.
Any person burning, cauterizing or mechanically changing the natural appearance or condition of the teeth of any horse, mule or other soliped in order to fraudulently make such animal appear younger than the animal really is shall be guilty of a misdemeanor.
(Acts 1935, No. 132, p. 175; Code 1940, T. 3, §20.)Section 3-1-24
Section 3-1-24 Burning, cauterizing, etc., of teeth of horse, mule, etc., for purpose of fraudulently making horse, etc., appear younger - Evidence as to burning, etc., of teeth to be substantiated by veterinarian.
The evidence required for the conviction of any person for violating any provision of Section 3-1-23 must be substantiated as to the burning, cauterizing or changing of the natural appearance or condition of the teeth of such horse, mule or other soliped by a graduate licensed veterinarian and, when necessary, the state veterinarian or a graduate veterinarian selected by the state veterinarian shall determine and testify to the changes that have been made in the teeth of such animal or animals.
(Acts 1935, No. 132, p. 175; Code 1940, T. 3, §21.)Section 3-1-25
Section 3-1-25 Burning, cauterizing, etc., of teeth of horse, mule, etc., for purpose of fraudulently making horse, etc., appear younger - Effect of possession of such horse, etc.
The possession of any horse, mule or other soliped which has had its teeth burned, cauterized or mechanically changed in order to make such animal appear younger than it really is shall be prima facie evidence of intent to violate the provisions of Section 3-1-23.
(Acts 1935, No. 132, p. 175; Code 1940, T. 3, §22.)Section 3-1-26
Section 3-1-26 Burning, cauterizing, etc., of teeth of horse, mule, etc., for purpose of fraudulently making horse, etc., appear younger - Transportation, etc., of such horse into state.
Any person transporting or moving into Alabama, for any purpose whatsoever, any horse, mule or other soliped which has had its teeth burned, cauterized or changed in any manner to make such animal appear younger than it really is shall be guilty of a misdemeanor.
(Acts 1935, No. 132, p. 175; Code 1940, T. 3, §23.)Section 3-1-27
Section 3-1-27 Marking, branding or altering mark or brand of equine or equidae, etc., of another with intent to defraud.
Any person who, with intent to defraud, marks or brands any unmarked equine or equidae, cow, hog, sheep, goat, or other domestic animal which is the property of another or alters or defaces the mark or brand of the animal shall, on conviction, be punished as if he or she had stolen it.
(Code 1852, §185; Code 1867, §3732; Code 1876, §4404; Code 1886, §3831; Code 1896, §4749; Code 1907, §6241; Code 1923, §3232; Code 1940, T. 3, §24; Act 2004-627, §1.)Section 3-1-28
Section 3-1-28 Burial or burning of bodies of dead animals generally; burning of hogs dying from cholera, etc.; failure to burn or bury dead animal, etc.
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. Hogs dying from cholera or any other disease whatsoever shall be burned. No such animal shall be burned or buried sufficiently near a residence or residences as to create a nuisance. 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.
(Acts 1919, No. 461, p. 702; Code 1923, §3223; Code 1940, T. 3, §60.)Section 3-1-29
Section 3-1-29 Activities relating to fighting of dogs prohibited; punishment; confiscation; procedures for disposition of animals.
(a) It shall be a Class C felony for any person:
(1) To own, possess, keep or train any dog with the intent that such dog shall be engaged in an exhibition of fighting with another dog;
(2) For amusement or gain, to cause any dog to fight with another dog, or cause any dogs to injure each other;
(3) To permit any act in violation of subdivisions (1) and (2) of this subsection.
(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 dog used to fight other dogs in violation of subsection (a) of this section, shall be confiscated as contraband by the sheriff or other law enforcement officers and shall not be returned to the owner, trainer or possessor of said dog. The court shall award the animals to the humane society or other agency handling stray animals. At its discretion, the humane society or other agency handling stray animals shall humanely dispatch or dispose of any confiscated dog.
(c) Any dog confiscated pursuant to subsection (b) of this section by the sheriff or other law enforcement officers shall be taken to the local humane society or other animal welfare agency.
(d) 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 opinion injured, diseased past recovery, or whose continued existence is inhumane and destruction is necessary to relieve pain or suffering.
(e) After confiscation the humane society or other animal welfare agency may make application to the circuit court for a hearing to determine whether any animal seized pursuant to subsection (b) of this section shall be humanely destroyed due to disease, injury or lack of any useful purpose because of training or viciousness. 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. Upon a finding by the court that the seized animals are diseased, injured or lack any useful purpose due to training or viciousness, it shall be within the authority of the humane society or other animal welfare agency to humanely destroy such animal. 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. 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.
(f) If any dog owner is convicted under subsection (a) of this section, the animal(s) shall be awarded to the local humane society or other animal welfare agency.
(Acts 1982, No. 82-461, p. 739; Acts 1984, 1st Ex. Sess., No. 84-796, p. 206.)Section 3-1-3
Section 3-1-3 Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same.
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.
(Code 1907, §2470; Code 1923, §5678; Code 1940, T. 3, §3.)Section 3-1-4
Section 3-1-4 Permitting dog or hog known to kill, etc., sheep, domestic fowl, etc., to run at large.
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.
(Code 1876, §4405; Code 1886, §4171; Code 1896, §5591; Code 1907, §6236; Code 1923, §3219; Code 1940, T. 3, §4.)Section 3-1-5
Section 3-1-5 Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns.
(a) Every person owning or having in charge any dog or dogs shall at all times confine such dog or dogs to the limits of his own premises or the premises on which such dog or dogs is or are regularly kept. 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. Any person violating this section shall be guilty of a misdemeanor and shall be fined not less than $2.00 nor more than $50.00.
(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.
(Acts 1915, No. 185, p. 259; Code 1923, §3221; Code 1940, T. 3, §5.)Section 3-1-6
Section 3-1-6 Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc.
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.
(Code 1907, §2471; Code 1923, §5679; Code 1940, T. 3, §6.)Section 3-1-7
Section 3-1-7 Refusal to permit dog guide accompanying blind person into place of public accommodation, etc.
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. 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).
(Acts 1967, No. 518, p. 1242; Act 99-698, 2nd. Sp. Sess., § 1.)Section 3-1-8
Section 3-1-8 Destruction of certain abandoned animals by members, etc., of societies for prevention of cruelty to animals.
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.
(Code 1896, §422; Code 1907, §2833; Code 1923, §6074; Code 1940, T. 3, §7.)
|