al bsl ordinances

Upload: fightbsl

Post on 05-Oct-2015

51 views

Category:

Documents


0 download

DESCRIPTION

All current, known BSL ordinances in Alabama. Updated February 2015

TRANSCRIPT

  • melanieTypewritten Text**Not Complete**

    melanieTypewritten TextWarrior Ban Enforced Confirmed

    melanieTypewritten Text

    melanieTypewritten Text

    melanieTypewritten Text

    melanieTypewritten Text

    melanieTypewritten Text

    melanieTypewritten Text

    melanieTypewritten Text

    melanieTypewritten Text

    melanieTypewritten Text

    melanieTypewritten TextUNCONSTITUTIONAL

    melanieTypewritten Text

    melanieTypewritten Text

    melanieTypewritten Text

    melanieTypewritten Text

    melanieTypewritten Text

    melanieTypewritten Text

    melanieTypewritten Text

    melanieTypewritten Text

    melanieTypewritten Text--------------- --------------------------------------------------------------------------

    melanieTypewritten TextOrange Beach Restrictions Enforced Confirmed

  • BSL in Alabama

    Location Type StatusAlbertville Restrictions: Declared "dangerous" EnforcedAnniston Restrictions: Declared "vicious" EnforcedCenter Point Ban EnforcedClay Ban - Ruled unconstitutional Sept 2014 OverturnedFayette Ban EnforcedFultondale Ban EnforcedGadsden Resrtictions: Declared "Dangerous EnforcedGardendale Ban EnforcedGurley Restrictions: See Ordinance EnforcedIrondale Ban EnforcedLanett Ban EnforcedMidfield Ban EnforcedOrange Beach Restrictions: Bans "fighting breeds" EnforcedWarrior Ban Enforced

  • {63516.1} 1

    ORDINANCE NO: 07-O-12

    AN ORDINANCE AMENDING THE ANIMAL CONTROL ORDINANCE FOR THE

    CITY OF ANNISTON

    BE IT ORDAINED by the City Council of the City of Anniston, Alabama, as follows:

    Chapter 4, Animal Control, of the Code of Ordinances for the City of Anniston, Alabama shall be and the same is hereby amended to read as follows:

    WHEREAS, potentially dangerous and vicious animals have become a serious and widespread threat to the safety and welfare of citizens of this city and in recent years, they have assaulted without provocation and seriously injured numerous individuals and have killed numerous other animals; and whereas many of these attacks have occurred in public places; and

    WHEREAS, the number and severity of these attacks are attributable to the failure of owners to register, confine, and properly control vicious and potentially dangerous dogs and other animals; and

    WHEREAS, the necessity for the regulation and control of vicious and potentially dangerous dogs and other animals is a city-wide problem, requiring city-wide regulation, and existing laws are inadequate to deal with the threat to public health and safety posed by vicious and potentially dangerous dogs and other animals, the animal control regulations for the City of Anniston are hereby amended as follows:

    Section 1: Definitions

    For the purpose of this article, words used in the present tense include the future, the singular number includes the plural, and the plural the singular. Words and terms are defined as follows:

    Animal. The term shall mean any nonhuman, animate being which is endowed with the power of voluntary motion to include, but not limited to: Mammals, i.e. dogs, cats, horses, hogs, cows, sheep, goats, rabbits, etc.; reptiles; birds; salamanders; toads; frogs; sharks; snakes; rays; bony fishes; and amphibians.

    Animal shelter. The place designated or used as such by the city for the maintenance and operation of a pound.

    At large. Any animal which is off the property of its owner or person in charge and not carried by said person, kept in an effective closure or under control or restraint by such person by means of a leash in such a way as to prevent its free movement, and so as to prevent said animal from freely charging or attacking persons or animals.

    Bitten. Seized with teeth or jaws such that the skin of the person or thing seized has been

  • {63516.1} 2

    nipped or gripped or has been wounded or pierced and there has been probable contact of saliva with the break or abrasion of the skin.

    Caged. Confinement in a container, which may include a vehicle but not its trunk, in such a way that the free movement of such animal is restrained and so as to prevent the animal caged from biting or attacking a person or animal.

    Cat. All members of the domestic feline family.

    Corral. Any uncovered, enclosed parcel of land where large animals are kept.

    Dog. All members of the domestic canine family.

    Dogs Presumed to be vicious. Any dog which is known by the owner or person in charge to habitually chase moving vehicles or charge persons on the public streets and other public ways shall be presumed to be vicious, whether or not such dog has actually bitten or attacked a person or other animal.

    Owner. means any person, firm, corporation, organization, or department having a right of property in the animal, or who keeps or harbors the animal, or who has it in his care, or acts as its custodian, or who permits the animal to remain on or about any premises occupied by him or her.

    Person in Charge. Any person who feeds a dog or cat not owned by him or her or who otherwise cares for the animal. Vicious dog.

    (1) Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury to, or otherwise threaten the safety of human beings or domestic animals.

    (2) Any dog which because of its size, physical nature or vicious propensity is capable

    of inflicting serious physical harm or death to humans and which constitutes a danger to human life or property if it were not kept in the manner required by this chapter.

    (3) Any dog which, without provocation, attacks or bites or has attacked or bitten a

    human being or domestic animal.

    (4) Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.

    (5) Any Pit Bull Terrier, which shall be defined as any American Pit Bull Terrier or

    Staffordshire Bull Terrier or American Staffordshire Terrier breed or dog, or any mixed breed of dog which contains as an element of its breeding the breed of

  • {63516.1} 3

    American Pit Bull Terrier or Staffordshire Bull Terrier or American Staffordshire Terrier as to be identified as predominately of the breed of American Pit Bull Terrier or Staffordshire Bull Terrier or American Staffordshire Bull Terrier.

    Section 2: Exception

    The terms potentially dangerous and vicious shall not apply to dogs used by law

    enforcement officials for legitimate law enforcement purposes, nor dogs used as certified guide dogs for the blind, hearing dogs for the deaf nor aid dogs for the handicapped nor shall it apply to licensed kennels, humane society shelters, animal control facilities, or veterinarians.

    Section 3: Harboring

    No person shall own or harbor any animal for the purpose of animal fighting, or train, torment, badger, bait or use any animal for the purpose of causing or encouraging said animal to attack human beings or domestic animals when not provoked.

    No person shall sell, offer for sale, breed, buy or attempt to buy any vicious animal within the city.

    Section 4: Registration of Dogs

    The owner or keeper of a dog within the city limits of Anniston shall annually register such animal with the [Department of Animal Control of the City]. The registration application shall contain:

    Name of owner or keeper;

    Address of the owner or keeper;

    Breed, age, sex, color of animal;

    Any other identifying marks of the animal;

    Location where the animal is to be kept if not at the address of the owner;

    Proof of vaccination for rabies within the preceding twelve (12) months;

    Any other information the City may require

    In addition to the information listed above, if an animal is vicious or presumed to be vicious, as defined herein or as is determined at a hearing for such purpose, then the owner shall provide two identification color photographs of the animal clearly showing the color, any markings and approximate size of the animal.

    The tag and a certificate of registration or license shall be of such form and design and

  • {63516.1} 4

    shall contain such information as the City shall prescribe and shall be issued to the owner or keeper upon payment of the registration fee. The registration fee for all neutered and spayed dogs shall be $0.00 and the registration fee for all un-neutered and un-spayed dogs shall be $5.00.

    The owner or person in charge shall at all times, except when a dog or cat is under control or restraint on its own premises, keep the tag affixed to said dog or cat. It shall be unlawful for any owner or person in charge of an animal to fail to comply fully with all of the requirements of this section by failing to register a dog or a cat. It shall also be unlawful for any person, except the owner or person in charge and upon its own premises, to remove a tag from a dog or cat tagged under the provisions of this section or to place a tag upon a dog or cat for which said tag was not issued, to procure a tag from the City by fraud or misrepresentation, or to disfigure or alter the words or figures upon a tag.

    If a tag becomes lost or mutilated it shall be replaced with a tag or decal marked duplicate upon payment of the fee of $3.00. No duplicate tag or decal shall be issued unless the dog or cat has been inoculated for rabies within twelve (12) months of the date of issuance of the duplicate tag.

    Section 5: Exception to Registration

    The registration requirements of Section 5 shall not apply to dogs or cats whose owners are nonresidents and are temporarily within the City for a period not exceeding thirty (30) days.

    Section 6: Insurance

    All owners or keepers of a vicious dog or dog presumed to be vicious, as previously

    defined or as shall be determined to be vicious after judicial review, shall provide proof of liability insurance in a single incident amount of at least $100,000.00, specifically covering any damage or injury which may result from the ownership, keeping or maintenance of such animal.

    The policy shall contain a provision requiring the City to be named as an additional

    insured for the sole purpose of being notified by the insurer of any cancellation, termination or expiration of the liability insurance policy.

    Section 7: Dogs and Cats at large, Duty to Restrain

    (a) Dogs. It shall be the duty of every owner or person in charge of a dog to keep said animal under control or restrained while the same is within the corporate limits of the city, whether or not said dog is upon or away from the premises of the owner or person in charge. It shall be unlawful for the owner or person in charge of any dog to cause, permit or allow the dog to be at large and to fail to keep the dog under control or restraint. Proof that a dog was not properly restrained, whether on or off the premises of the owner or person in charge, shall be prima facie evidence of a violation. Negligent failure to provide or maintain control or restraint shall not be a defense; however, competent evidence that said failure was

  • {63516.1} 5

    occasioned by an unforeseeable and independent act of a third person shall shift the burden on the city to prove otherwise.

    (b) Cats. It shall be the duty of every owner or person in charge of a cat to keep said animal under control or restrain while the same is within the corporate limits of the city, whether or not said cat is upon or way from the premises of the owner or person in charge. It shall be unlawful for the owner or person in charge of any cat to cause, permit or allow the cat to be at large and to fail to keep the cat under control or restrain. Proof that a cat was not properly restrained, whether on or off the premises of the owner or person in charge, shall be prima facie evidence of a violation. Negligent failure to provide or maintain control or restrain shall not be defense; however, competent evidence that said failure was occasioned by an unforeseeable and independent act of a third person shall shift the burden on the city to prove otherwise.

    (c) Dogs or cats in immediate presence of owners in public. A dog or cat which is not

    vicious or presumed to be vicious, and which is obedient either by training or temperament, shall not be considered at large while upon a public street or other public place if it is in the immediate presence and under voice control of its owner or person in charge. Any dog or cat not obedient to direct voice command, to be under control or restraint, must be carried by the owner or person in charge, caged or controlled by means of a leash in such a way as to prevent its free movement. A dog or cat which is more than fifteen (15) feet from the actual location of its owner or person in charge shall not be considered in the immediate presence of such person and voice control.

    Section 8: Dog or Cats Unlawfully at Large to be Confined; Sale of Dogs or Cats

    Confined

    (a) Any dog or cat found unlawfully to be at large within the city is hereby declared to be a violation and shall be seized by a police officer and confined at the animal shelter and cared for in a humane manner for a period of not less than seven (7) calendar days. In addition to, or in lieu of, confining a dog or cat found unlawfully at large, when the owner or person in charge of said dog or cat is known to the police officer, the police officer may return the dog or cat to the owner or person in charge and shall issue a warning or citation for violation of this chapter.

    (b) Immediately upon seizure of a dog or cat the police officer shall make reasonable

    effort to ascertain the identity of and notify the owner or person in charge of such animals seizure and of the condition under which they may regain possession of it.

    (c) Dogs or cats may be held at the animal shelter until the expiration of the detention

    period if the animal has not been claimed by the owner or person in charge. The humane society, animal shelter, or its duly authorized agent, upon obtaining possession of each such dog or cat, shall not release said animal to any person

  • {63516.1} 6

    until the following requirements have been met;

    (1) Dogs and cats which appear to be three (3) months of age or older shall

    have received a rabies inoculation;

    (2) Male dogs and male cats which appear to be six (6) months of age or older shall have been neutered;

    (3) Female dogs and cats which appear to be six (6) months of age or older

    shall have been spayed;

    (4) Male dogs and male cats which appear to be less than six (6) months of age and female dogs and cats which appear to be less than six (6) months of age, be adopted with the proviso in the certificate of adoption requiring neutering or spaying at the proper age with the proviso being accepted and signed by the adopter.

    (5) Reimbursement of all costs for food, shelter and treatment of the animal

    must be made to the revenue department of the city. Said costs shall be reimbursed to the agency or shelter.

    (d) No dog or cat that is maimed or diseased or, in the opinion of the humane society

    or animal shelter, not suitable for adoption shall be put up for adoption. This paragraph, however, shall not be so construed as to preclude transfer of an injured, maimed or diseased dog or cat to a veterinarian agreeable to the humane society, animal rescue operation or animal shelter, with payment for subsequent veterinary services to be made by the humane society or animal shelter.

    Section 9: Investigation of Vicious Dogs

    When any person claims that an animal is vicious, he or she shall make a sworn statement

    setting forth the name of the animals owner, the location where the animal is being kept in the city, and the reason he or she believes the animal to be vicious.

    The sworn statement will be delivered to the Animal Control Officer who will complete a vicious animal investigation.

    Animal Control Officers are authorized to initiate a vicious animal investigation in cases where a bite or serious injury to any person has been reported or when the officer has other reason to believe a dog may be vicious.

    Police officers and/or animal control officers shall be permitted to enter the exterior property where a vicious animal or animal presumed to be vicious is located for the purpose of investigating the allegation of viciousness. If the police officer and/or animal control officer has reason to believe an animal poses an immediate threat to the health, safety or welfare of the

  • {63516.1} 7

    general public, the officer may seize the animal and impound the animal at the animal shelter pending completion of the investigation and hearing.

    If an animal control officer or a law enforcement officer has investigated and determined that there exists probable cause to believe that an animal is potentially dangerous or vicious, the animal control officer, the chief officer of the public pound or animal control department or his or her immediate supervisor or the head of the local law enforcement agency, or his or her designee, shall petition the Municipal Court of the City of Anniston for a hearing for the purpose of determining whether or not the animal in question should be declared potentially dangerous or vicious. Whenever possible, any complaint received from a member of the public which serves as the evidentiary basis for the animal control officer or law enforcement officer to find probable cause shall be sworn to and verified by the complainant and shall be attached to the petition.

    In the event the vicious animal investigation leads the Animal Control Officer to believe the allegation is unfounded, the Animal Control Officer shall advise the complainant of his findings and submit the results of the investigation to the Municipal Court and his animal control supervisor. Section 10: Notice, Hearing, and Appeal

    (a) The owner or keeper of the animal shall be served with notice of the hearing and a copy of the petition, either personally or by first-class mail with return receipt requested. [The hearing shall be held no less than ten (10) days nor more than twenty (20) days after such notice is mailed to the owner or keeper of the animal] and shall be open to the public.

    (b) At such hearing all interested persons shall have the opportunity to present

    evidence on the issue of the animals dangerousness. The court may admit all relevant evidence, including incident reports and the affidavits of witnesses, photographs and video tapes, limit the scope of discovery, and may shorten the time to produce records or witnesses.

    In the event that the animal in question has caused injury to any person, the municipal judge may impound the animal, at the owners expense, pending the hearing and determination of the complaint. If the court finds that the animal is potentially dangerous or vicious, it may make any orders authorized by this chapter or other laws, including but not limited to assessment of fines and costs as provided in this Code.

    (c) After the hearing conducted pursuant to this Section, the owner or keeper of the

    animal shall be notified in writing of the determination and orders issued, either personally or by first-class mail postage prepaid by the municipal court. If a determination is made that the animal is potentially dangerous or vicious and no appeal is filed, the owner or keeper shall comply with the municipal courts order no later than fourteen (14) days following the rendering of the decision. If the owner or keeper of the animal contests the determination, he or she may, within

  • {63516.1} 8

    fourteen (14) days of the municipal courts decision appeal the decision to the circuit court of the county. All filing fees and costs shall he paid by the owner or keeper of the animal. The owner or keeper of the animal shall serve notice upon the city that the appeal has been filed.

    (d) The Circuit Court shall conduct a hearing de novo, and make its own

    determination as to potential danger and viciousness and make other orders authorized by this chapter, based upon the evidence presented. The court may admit all relevant evidence, including incident reports and the affidavits of witnesses, limit the scope of discovery, and may shorten the time to produce records or witnesses. If the court rules the animal to be potentially dangerous or vicious, compliance with the order shall begin within seven (7) days of the date of the courts determination.

    (e) The determination of the circuit court shall be final and conclusive upon all

    parties. However, the animal control authority shall have the right, following due process, to later declare an animal to be vicious or to determine that the animal constitutes a threat to the public health and safety, for any subsequent actions of the animal.

    Section 11: Effect of Failure to Appear at Hearing

    The municipal court or the circuit court on appeal may decide all issues for or against the

    owner or keeper of the animal even if the owner or keeper fails to appear at the hearing provided that there is some evidence that the owner or keeper did receive notice of the hearing.

    Section 12: Regulation of Potentially Dangerous or Vicious Animals

    If it is determined at the hearing that the animal is dangerous or vicious, the Court may order the following:

    A. Confinement:

    (1) Owners shall provide an exterior perimeter fence suitable to contain an average

    animal of the same type. The perimeter fence shall be constructed of chain link or wooden privacy type and shall be at least four (4) feet in height.

    (2) Owners shall provide an additional fence or pen of adequate size inside the

    perimeter fence to humanely confine the vicious animal.

    (a) This additional fence or pen may not share common fencing with the perimeter fence.

    (b) This additional fence or pen must have secure sides and a secure top

    attached at all sides;

  • {63516.1} 9

    (c) All four sides of this additional 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 animal from digging out.

    (d) The additional fence or pen must have an inward-opening gate and shall be kept locked at all times by pad lock or key lock except when tending to the care of the animal.

    (e) The sides of this additional fence or pen shall be from ground to top at

    least twice the height of the animal, the height of the animal being measured from its shoulders.

    (f) The additional fence or pen must not be positioned so that neighbors or passers by have access to the animal. It must be no less than twenty (20) feet from any neighboring property line; and

    (g) Signs shall be posted on each side of this additional fence or pen stating

    that a vicious animal is enclosed and shall specify the type of animal enclosed, i.e. Vicious Dog. Signs must be printed and legible from 20 feet.

    (h) The pen or structure must also provide the animal with protection from the

    elements and must at all times be kept in sanitary condition.

    (3) Whenever the animal is outside either the additional fence or pen provided for this section:

    (a) It must be attended by the owner; and

    (b) It must be restrained by a secure collar and leash or rope to [no longer than

    eight (8) feet] and of sufficient strength to prevent escape; and

    (c) It must be securely muzzled so as to effectively prevent such animal from biting another animal or person

    (4) No vicious animal shall be allowed outside the owners property except in

    emergencies or for normal or necessary medical or health related treatment. B. Destruction of a Vicious Dog

    In the event it is determined at the hearing that the release of the animal would create a significant threat to the public health, safety and welfare, the animal may be humanely destroyed by the Department of Animal Control. C. When it is Determined that the Animal is not Dangerous or Vicious

    In the event it is determined at the hearing that the animal is not vicious, the court shall inform the complainant of said findings.

  • {63516.1} 10

    Section 13: Minor Owner or Keeper

    In the event that the owner or keeper of a potentially dangerous or vicious animal is a minor, the parent or guardian of such minor shall be liable for all injuries and property damage sustained by any person or domestic animal caused by a unprovoked attack by such potentially dangerous or vicious animal.

    Section 14: Person in Charge of Animal

    Any person who feeds a dog or cat not owned by him or her or who otherwise cares for the animal shall be subject to this code as if they are the owner of the animal.

    Section 15: Procedure Upon Loss, Sale or Transfer of Animal

    The owner or keeper of a potentially dangerous or vicious animal shall notify the department of animal control or the police department within twelve (12) hours if such potentially dangerous or vicious animal is loose or missing or if the potentially dangerous or vicious animal has attacked or wounded a human being or another animal. If the animal in question dies, or is sold, transferred, or permanently removed from the city or county where the owner or keeper resides, the owner of a potentially dangerous or vicious animal shall notify the animal control department of the changed condition and new location of the animal in writing within two (2) working days. If the owner or keeper of a potentially dangerous or vicious animal moves the animal to a different address within the city limits of the city, such owner or keeper shall notify the department of animal control of such fact and the new address within twenty-four (24) hours.

    Section 16: Keeping Potentially Dangerous or Vicious Animals

    It shall be unlawful for any owner, keeper or other person to be in violation of any provision of this chapter or any order of any court as provided in this chapter. Any owner or keeper found to be in violation of this section or any provision of this chapter shall be guilty of a misdemeanor and shall be punishable as provided in Section 17 of this Code.

    Section 17: Penalty for Violation

    The penalty for violation of any provision of this Ordinance shall be as follows:

    1st Offense Not less than $300.00 or more than $500.00 and/or not to exceed 90 days in jail;

    2nd and Subsequent Offenses $500.00 and/or not to exceed six (6)

    months in jail.

  • {63516.1} 11

    In addition, the Court shall assess the violator with any and all costs incurred for the

    impoundment and/or destruction of the dog.

    Section 18: Confinement Generally

    No owner, keeper or harborer of an animal shall permit a vicious or dangerous dog to be kept on a chain, rope or other type of leash outside of its fence and/or pen unless it is under physical control of a leash. Such dogs may not be leashed or chained to inanimate objects such as trees, posts, buildings, etc. outside of the perimeter fence and/or pen. No vicious or dangerous dog may be kept on a porch, patio or in any other portion of the house or structure that would allow the dog to exit such building or structure on its on volition. In addition, no such animal may be kept in a house or structure where screen doors are the only obstacle preventing the dog from exiting the structure.

    Section 19: Computer Registration of Vicious Dogs

    All dangerous or vicious dogs as defined herein or as found to be vicious after a Municipal Court hearing shall be registered on the Citys website. Such registry shall include the address where the dog is located and identifying information on the dog, including two (2) identifying color photographs of the dog. The registry shall not contain the name or names of the owners or tenants at said location.

    Section 20: Severability

    If any section, subsection, clause or phrase of this Ordinance is for any reason, held to be invalid, illegal or unconstitutional, such decisions shall not effect the validity of the remaining sections of this Ordinance.

    Section 21: Specific Sections Repealed; Ordinance Cumulative

    Specifically repealed by this Ordinance are Section numbers 4.1, 4.31, 4.36, 4.38 and 4.39 of Chapter 4 of the Code of Ordinance for the City of Anniston. This Ordinance shall not be construed to repeal any other provisions of the existing code or Ordinances of the City of Anniston, including any and all Animal Control Ordinances and shall instead be held to be in addition to and cumulative of the existing Code and Ordinances of the City of Anniston, except as is hereby specifically repealed.

    All ordinances or parts of ordinances conflicting herewith are, to the extent of such conflict, hereby repealed.

    Section 22: Effective Date

    This Ordinance shall become effective immediately upon its adoption and publication one (1) time in The Anniston Star, a newspaper of general circulation published in the City of Anniston, Alabama, and the City Clerk is hereby ordered and

  • {63516.1} 12

    directed to cause a copy of this Ordinance to be published one (1) time in said newspaper.

    The registration requirements contained herein shall become effective and enforceable on January 2, 2008.

    PASSED AND ADOPTED this the 27th day of November, 2007.

    CITY COUNCIL OF THE CITY OF ANNISTON, ALABAMA By: /s/ Hoyt W. Howell, Jr., Mayor By: /s/ Floyd S. Bennett, Jr., Council Member

    By: /s/ Herbert Palmore, Council Member By: /s/ Benjamin Little, Council Member

    By: /s/ Jeff Fink, Council Member ATTEST: /s/ Alan B. Atkinson, City Clerk

  • ORDINANCE NO. 2013 - 15

    AN ORDINANCE PROHIBITING OR REGULATING

    THE OWNING OR KEEPING OF DANGEROUS

    ANIMALS INCLUDING PIT BULL DOGS AND

    PROVIDING FOR REGISTRATION FOR CERTAIN DANGEROUS

    ANIMALS, AND PROVIDING PENALTIES FOR VIOLATIONS

    THEREOF

    BE IT ORDAINED BY THE CITY COUNCIL OF CLAY, ALABAMA as follows:

    Section 1. Definitions

    (1) Owner as used in this Ordinance means any person, firm, corporation,

    organization or department possessing, harboring or having the care or custody,

    whether temporarily or permanently, of a Pit Bull, Vicious, or Dangerous dog.

    (2) Vicious Dog as used in this Ordinance means any dog with a propensity,

    tendency or disposition to attack unprovoked, to cause injury or to otherwise

    threaten the safety of human beings or domestic animals; or any dog which

    without provocation, attacks or bites or has attacked or bitten, a human being or

    domestic animal; or any dog owned or harbored primarily or in part, for the

    purpose of dog fighting or any dog trained for dog fighting, or any dog which has

    been found to be vicious by any Court in a trial or hearing upon a charge of

    harboring a vicious animal.

    (3) Dangerous Dog as used in this Ordinance means: A) Any dog which, because

    of its aggressive nature, training or characteristic behavior, is capable of inflicting

    serious physical harm or death to humans, and which would constitute a danger to

    human life or property if it were not kept in the manner required by this

    Ordinance. B) Any dog which, when unprovoked, chases or approaches a person

    in a menacing fashion or apparent attitude of an attack on public or private

    property.

    (4) Pit Bull as used in this Ordinance means: any Pit Bull Terrier, which shall be

    defined as any American Pit Bull Terrier or Staffordshire Bull Terrier, or

    American Staffordshire Terrier breed of dog, or any mixed breed of dog which

    contains, as an element of its breeding the breed of American Pit Bull Terrier or

    Staffordshire Bull Terrier or American Staffordshire Terrier as to be identifiable

    as partially of the breed of American Pit Bull Terrier or Staffordshire Bull Terrier

    or American Staffordshire Terrier.

    Section 2. Pit Bulls, Vicious, and Dangerous Dogs

    (1) Prohibited. It shall be unlawful to keep, harbor, own or in any way possess within

    the corporate limits of the City:

    a. Any Pit Bulls, Vicious, and/or Dangerous Dogs: provided, that dogs

    registered with the city on the date of publication of this section may be

    melanieTypewritten TextRuled Unconstitutional- see attached ruling

  • ORDINANCE NO. 2013 15

    kept within the city subject to the standards and requirements set forth in

    subsection (2) of this section. Pit bull dog is defined to mean:

    i. The bull terrier breed of dog;

    ii. Staffordshire bull terrier breed of dog;

    iii. The American pit bull terrier breed of dog;

    iv. The American Staffordshire terrier breed of dog;

    v. Dogs of mixed breed or of other breeds than above listed which

    breed or mixed breed is known as pit bulls, pit bull dogs, or pit

    bull terriers;

    vi. Any dog which has the appearance and characteristics of being

    predominately of the breeds bull terrier, Staffordshire bull terrier,

    American pit bull terrier, American Staffordshire terrier, any other

    breed commonly known as pit bulls, pit bull dogs or pit bull

    terriers; or a combination of any of those breeds.

    b. Any dog with a known propensity, tendency, or disposition to attack

    unprovoked, to cause injury to, or to otherwise endanger the safety of

    humans or other domestic animals; or

    c. Any dog which attacks a human being or other domestic animal without

    provocation.

    (2) Keeping of registered pit bulls, vicious, and/or dangerous dogs. The provisions of

    subsection (1) of this section are applicable to owners, keepers or harborers of pit

    bull dogs, vicious, and/or dangerous dogs registered with the city according to

    Section 3 of this Ordinance. The keeping of such dogs, however, shall be subject to

    the following standards:

    a. Leash and muzzle. No person shall permit a registered pit bull, vicious,

    and/or dangerous dog to go outside its kennel or pen unless such dog is

    securely leashed with a leash no longer than four (4) feet in length. No

    person shall permit such dogs to be kept on a chain, rope, or other type of

    leash outside its kennel or pen unless a person is physically in control of

    the leash. Such dogs may not be leashed to inanimate objects such as

    trees, posts, buildings, etc. In addition, all such dogs on a leash outside

    the animals kennel must be muzzled by a muzzling device sufficient to

    prevent such dog from biting persons or other animals.

    b. Confinement. All registered dogs shall be securely confined indoors or in

    a securely enclosed and locked pen or kennel, except when leashed and

    muzzled as above provided. Such pen, kennel, or structure must have

    secure sides and a secure top attached to the sides. All structures used to

    confine registered dogs must be locked with a key or combination lock

    when such animals are within the structure. Such structure must have a

    secure bottom or floor attached to the sides of the pen or the pen must be

    embedded in the ground no less than two (2) feet. All structures erected to

    house such dogs must comply with the zoning and building regulations of

  • ORDINANCE NO. 2013 15

    the city. All such structures must be adequately lighted and ventilated and

    kept in a clean and sanitary condition.

    c. Confinement indoors. No pit bull, vicious, and/or dangerous dog may be

    kept on a porch, patio, or in any part of a house or structure that would

    allow the dog to exit such building on its volition. In addition, no such

    animal may be kept in a house or structure when the windows are open or

    when screen windows or screen doors are the only obstacle preventing the

    dog from exiting the structure.

    d. Signs. All owners, keepers, or harborers of registered dogs within the city

    shall within ten (10) days of registration of dog display in a prominent

    place on their premises a sign easily readable by the public using the

    words Beware of Dog. In addition, a similar sign is required to be

    posted on the kennel or pen of such animal. All signs must comply with

    the zoning ordinance of the city.

    e. Insurance. All owners, keepers, or harborers of registered dogs must at the

    time of registration provide proof to the City Managers office of public

    liability insurance in a single incident or $50,000.00 for bodily injury to

    or death of any person or persons or for damage to property owned by any

    persons which may result from the ownership, keeping or maintenance of

    such animal. Such insurance policy shall provide that no cancellation of

    the policy will be made unless ten (10) days written notice is first given to

    the City Manager.

    f. Identification photographs. All owners, keepers, or harborers or registered

    dogs must at the time of registration of animal provide to the City

    Managers office two color photographs of the clearly showing the color

    and approximate size of the animal.

    g. Reporting requirements. All owners, keepers, or harborers must within ten

    (10) days of the incident, report the following information in writing to

    the City Managers office as required hereinafter:

    i. The removal from the city or death of a registered dog.

    ii. The birth or offspring of a registered dog.

    iii. The new address of a registered dog owner should the owner move

    within the corporate limits.

    h. Sale or transfer of ownership prohibited. No person shall sell, barter, or in

    any other way dispose of a dog registered with the city to any other

    person within the city unless the recipient person resides permanently in

    the same household and on the same premises as the registered owner of

    such dog; provided that the registered owner of a dog may sell or

    otherwise dispose of a registered dog of the offspring of such dog to

    persons who do not reside within the city.

  • ORDINANCE NO. 2013 15

    i. Animals born of registered dogs. All offspring born of dogs registered

    with the city must be removed from the city within six (6) weeks of the

    birth of such animal.

    j. Irrebuttable presumptions. There shall be an irrebuttable presumption that

    any dog registered with the city or any of those breeds prohibited by

    subsection (1) of this section is in fact a dog subject to the requirements

    of this section.

    Section 3. Registration of Pit Bulls

    Owners, keepers, or harborers of dogs prohibited by this Ordinance shall have sixty (60)

    days from the adoption of this Ordinance to register the animal at City Hall. The

    registration shall last the life of the dog, and will expire upon death, sale, or removal of

    the pit bull from the premises. Failure to register will result in a violation of this

    Ordinance and be subject to the penalties set forth in Section 4.

    Section 4. Failure to Comply and Penalties

    (1) Failure to comply. It shall be unlawful for the owner, keeper, or harborer of a dog

    registered with the city to fail to comply with the requirements and conditions set

    forth in this Ordinance. Any dog found to be the subject of a violation of this

    Ordinance shall be subject to immediate seizure and impoundment. In addition,

    failure to comply will result in the revocation of the license of such animals

    resulting in the immediate removal of the animal from the city.

    (2) Violations and penalties. Any person violating or permitting the violating of any

    provision of this Ordinance shall upon conviction be fined a sum of not less than

    $200.00 and not more than $500.00. In addition to the fine imposed, the court

    may sentence the defendant to imprisonment for a period not to exceed thirty (30)

    days. In addition, the court shall order the registration of the subject dog be

    revoked and the dog removed from the city. Should the defendant refuse to

    remove the dog from the city, the judge shall find the defendant owner in

    contempt and order the immediate confiscation and impoundment of the animal.

    Each day that a violation of this Ordinance continues shall be deemed a separate

    offense. In addition to the foregoing penalties, any person who violates this

    Ordinance shall pay all expenses, including shelter, food, handling, veterinary

    care, and testimony necessitated by the enforcement of this Ordinance.

    Section 5.

    If any section, subsection, sentence, clause, phrase, or portion of this Ordinance shall be

    held invalid or unconstitutional by any court of competent jurisdiction, such portion shall

    be deemed a separate, distinct and independent provision and such holding shall not

    affect the validity of the remaining portions hereof.

  • ORDINANCE NO. 2013 15

    Section 6.

    All ordinances or parts of ordinances in conflict with the provisions of this ordinance are

    hereby repealed.

    ADOPTED AND APPROVED this 3rd

    Day of June, 2013.

    ___________________________ ATTEST: ____________________________

    Charles K. Webster Ronnie Dixon

    Mayor City Manager

  • ORDINANCE NO. 2013 15

    CERTIFICATION:

    I, Ronnie Dixon, as City Manager of the City of Clay, Alabama, hereby Certify that the

    above and foregoing copy of one (1) Ordinance 2013-15 is a true and correct copy of

    such Ordinance that was duly adopted by the City Council of the City of Clay, Alabama,

    on the 3rd

    Day of June 2013, as same appears in the official records of said City.

    Posted at City Hall, Chalkville Regions Bank, Seniors Centers, and the United States Post

    Office all being in the City of Clay this the 4th

    Day of June, 2013.

    Ronnie Dixon

    City Manager

  • ELECTRONICALLY FILED9/12/2014 1:07 PM

    01-CV-2013-903036.00CIRCUIT COURT OF

    JEFFERSON COUNTY, ALABAMAANNE-MARIE ADAMS, CLERK

  • Chapter3ANIMALSANDFOWL

    Chapter 3 ANIMALS AND FOWL ARTICLE III. - DOG AND CAT REGULATIONS

    ARTICLE I. - BIRD SANCTUARY

    ARTICLE II - - ANIMALS - PROHIBITED ACTS

    ARTICLE III. - DOG AND CAT REGULATIONS

    ARTICLE IV. - ANIMALS AND FOWL RUNNING AT LARGE

    ARTICLE V. - DANGEROUS ANIMALS AND PROHIBITED ANIMALS

    ARTICLE III. DOG AND CAT REGULATIONS

    ARTICLE I. BIRD SANCTUARY 3-1. Established.

    3-2 Bird Sanctuary - Restrictions, Exception

    3-3 Bird Sanctuary - Destruction of Nuisance

    3-4 Penalty for Violation

    3-1. Established.

    The entire area embraced within the corporate limits of the City of Fayette, Alabama, be and the same is hereby designated as a bird sanctuary.

    (Ord. of 2-19-68, 1)

    3-2 Bird Sanctuary - Restrictions, Exception

    It shall be unlawful to trap shoot, hunt or attempt to shoot or molest in any manner any bird or wild fowl or to rob bird nests or wild fowl nests; provided, however, if starlings or similar birds are found to be congregating in such numbers in a particular locality that they constitute a nuisance or menace to health or property in the opinion of the health authorities of the City of Fayette, Alabama, then in such event, such health authorities shall meet with the representatives of the Fayette Garden Club, after having given at least three (3) days' actual notice of the time and place of said meeting to the representatives of said club.

    (Ord. of Feb. 19, 1968, 2.)

    3-3 Bird Sanctuary - Destruction of Nuisance

    If, as a result of said meeting, no satisfactory alternative is found to abate such nuisance, then said birds may be destroyed in such numbers and in such manner as is deemed advisable by said health authorities under the supervision of the chief of police of the City of Fayette, Alabama. (Ord. of Feb. 19, 1968, 3.)

    Fayette,Alabama,CodeofOrdinances Page1

  • Chapter3ANIMALSANDFOWL

    3-4 Penalty for Violation

    Anyone violating the provisions of this article shall be punished by a fine of not less than one ($1.00) dollar and not more than two hundred ($200.00) dollars or imprisoned for a term not exceeding thirty (30) days.

    (Ord. of Feb. 19, 1968, 4.)

    ARTICLE II - ANIMALS - PROHIBITED ACTS 3-5 Cruelty to Animals Prohibited

    3-6 Maliciously Killing or Injuring Animals or Property of Another Prohibited; Penalty

    3-7 Malicious Killing or Maiming Animals of Another Prohibited; Penalty

    3-8. Bringing in animals afflicted with contagious diseases prohibited; penalty.

    3-9. Disposing of dead animals; penalty.

    3-9.1. Keeping of swine; penalty.

    3-5 Cruelty to Animals Prohibited

    Any person who overrides, overdrives, overloads, tortures, torments, mutilates, deprives of necessary sustenance, or cruelly kills, beats, bruises, wounds, causes or procures to be overridden, overdriven, overloaded, driven while overloaded, cruelly beaten, mutilated or cruelly killed, any domestic animal whether belonging to himself or another, or any person, either as owner or otherwise, who inflicts unnecessary cruelty upon the same, or upon any living creature, or who uses, works, rides, or employs, in any manner, any bruised, maimed, sick or lame beast of burden or working animal, or who fails to provide any domestic animal with proper food, drink or protection from the weather, must, on conviction, be fined not less than one ($1.00) dollar nor more than five hundred ($500.00) dollars. (Code of Fayette, 1919, 414; for similar state law, see: Code of Alabama, 3-1-12.)

    3-6 Maliciously Killing or Injuring Animals or Property of Another Prohibited; Penalty

    Any person, within the corporate limits of the City of Fayette, who unlawfully and maliciously kills, disables, disfigures, destroys or injures any animal, or article, or commodity of value, the property of another, must, on conviction, be fined not more than five hundred ($500.00) dollars; and so much of the fine as may be necessary to repair the injury or loss shall go to the party damaged.

    (Code of Fayette, 1919, 433.)

    3-7 Malicious Killing or Maiming Animals of Another Prohibited; Penalty

    Any person, within the corporate limits of the City of Fayette, who unlawfully or wantonly kills, disables, disfigures, destroys or injures any horse, mare, gelding, colt, filly, mule, jack, jenny, bull, ox, cow, calf, heifer, hog, goat, or sheep, the property of another, must, on conviction, be fined not less than twice the value of the injury to the animal killed, disabled, disfigured, destroyed or injured, nor more than five hundred ($500.00) dollars; and one half (1/2) of the fine imposed shall go to the owner of the property. (Code of Fayette, 1919, 434; for similar state law, see: Code of Alabama, 3-1-10.)

    Fayette,Alabama,CodeofOrdinances Page2

  • Chapter3ANIMALSANDFOWL

    3-8. Bringing in animals afflicted with contagious diseases prohibited; penalty.

    Any person who knowingly brings into the city any horse or mule having glanders, nasal gleet, or other infectious or contagious diseases whereby the health or life of any other horse or mule shall be endangered must, on conviction, be fined not less than five dollars ($5.00) nor more than five hundred dollars ($500.00).

    (Code of Fayette, 1919, 415)

    3-9. Disposing of dead animals; penalty.

    Any person who throws or otherwise conveys any offal, or dead animal or fowl on any lot, house, street, or alley within the city, thereby creating an offensive odor, shall be guilty of a misdemeanor, and upon conviction therefor, shall be fined not less than one dollar ($ 1.00), and not more than fifty dollars ($50.00).

    (Code of Fayette, 1919, 370)

    3-9.1. Keeping of swine; penalty.

    (a) Unlawful. It shall be unlawful for any person to keep swine, pigs, hogs, shoalts or animals of like kind within the corporate limits of the city. This section, however, shall not prevent the temporary presence of such animals within the city in connection with fairs, exhibits, festivals and similar purposes.

    (b) Penalty. A violation of any of the provisions of this section by any person constitutes a misdemeanor. Any person who shall violate any of the provisions of this section shall be fined not less than one dollar ($1.00) and not more than five hundred dollars ($500.00) and may be imprisoned or sentenced to jail or hard labor for a period not exceeding six (6) months, or both, at the discretion of the court.

    (Ord. No. 1988-04, 1, 2, 12-19-88)

    Editor's note

    Ord. No. 1988-04, 1, 2, adopted Dec. 19, 1988, did not specifically amend the Code, hence inclusion herein as 3-9.1 was at the discretion of the editor.

    ARTICLE III. DOG AND CAT REGULATIONS [1] 3-10. Definitions.

    3-11. Inoculation and inoculation tag required generally,

    3-12. Inoculation tag required on dogs and cats at large.

    3-13. Impounding of dogs and cats generally.

    3-14. Appointment of animal control officer and assistants.

    3-15. Dog or cat on premises other than own.

    3-16. Officers authorized to go on premises.

    3-17. Rabid dogs or cats.

    3-17.1. Impoundment of dog or cat which has bitten a person.

    3-17.2. Reserved.

    3-17.3. Reserved.

    Fayette,Alabama,CodeofOrdinances Page3

  • Chapter3ANIMALSANDFOWL

    3-17.4. Reserved.

    3-17.5. Keeping of more than three dogs.

    3-17.6. Abandonment of dog or cat.

    3-17.7. Penalties; fines and payment of expenses.

    3-17.8. Severability.

    3-17.9. Tethering near property line.

    3-17.10. Barking or howling dogs.

    3-10. Definitions.

    The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

    Animal: Any animal including, but not limited to, any cow, horse, sheep, hog, goat, dog, cat, reptile or fowl, unless otherwise specifically excluded.

    Animal shelter: The place designated or used as such by the city for the maintenance and operation of a pound.

    At large: Any animal which is off the property of its owner and not carried by such person, or any animal not kept in an effective enclosure or under control by such person by means of a leash in such a way as to prevent its free movement, and so as to prevent the animal from freely charging or attacking persons or animals.

    Cat: All members of the domestic feline family.

    Dog: All members of the domestic canine family.

    Owner: Any person owning, harboring, keeping or having charge, custody, control or possession of an animal within the city, and all the adult members of the household where an animal is regularly kept or allowed or suffered to remain on or about the premises.

    (Ord. No. 1986-03, 1, 4-7-86; Ord. No. 1988-03, 1, 10-3-88; Ord. No. 2001-07, 2, 5-3-01; Ord. No. 2009-02, 1, 6-9-09)

    3-11. Inoculation and inoculation tag required generally,

    (a) It shall be unlawful for any person to own, possess, keep or harbor a dog or cat three (3) months of age or older within the city without having such dog or cat inoculated annually against rabies, as required by 3-7A-1 et seq., Code of Alabama, 1975.

    (b) Every dog or cat over the age of three (3) months shall wear a substantial, durable collar or harness, to which the inoculation tag shall be attached. It shall be unlawful to attach such tag by wire, rope or other inhumane means. No person shall remove the collar or harness or inoculation tag, or either from any dog or cat without the consent of its owner.

    (c) It shall be unlawful for any person to permit or allow any dog or cat in his charge or control to wear a dog or cat inoculation tag issued for a different dog or cat.

    (Ord. No. 1986-03, 2, 4-7-86; Ord. No. 2001-07, 3, 5-3-01)

    Fayette,Alabama,CodeofOrdinances Page4

  • Chapter3ANIMALSANDFOWL

    3-12. Inoculation tag required on dogs and cats at large.

    It shall be unlawful for any person to permit to run or be upon a street, alley, sidewalk, thoroughfare or public place within the city, unless secured by a suitable leash, any dog or cat which does not have attached to it a dog or cat inoculation tag, as required by section 3-11. Nothing contained in this section shall be construed as permitting any such dog or cat, whether tagged or untagged, to become a nuisance or to run at large upon the premises of any person other than the owner thereof.

    (Ord. No. 1986-03, 3, 4-7-86; Ord. No. 2001-07, 4, 5-3-01)

    3-13. Impounding of dogs and cats generally.

    Any dog or cat found at large on any street, alley, sidewalk, thoroughfare or public place in the city which does not have attached to it an inoculation tag duly issued for it for the then current year, is hereby declared to be a public nuisance, and it shall be the duty of the animal control officer, to take up and impound every such dog and cat. Any such dog or cat, so impounded, may be redeemed from the pound by the owner thereof within seven (7) days from impoundment thereof, by paying to the pound the costs of keeping such dog or cat in the pound, at the rate of seven dollars ($7.00) per day. Every such dog or cat which has remained in a pound for seven (7) days and which has not been redeemed or retaken by the owner within such time may be placed with or adopted by a third person. No notice of the impounding of any dog or cat shall be required to be given to any owner of any such dog or cat or to the person having control thereof unless such owner or person having charge or control is known or unless such dog or cat bears an identification tag, and in either event immediate notice shall be given to the owner of such dog or cat if he or she may be found, which notice shall be given before such dog or cat may be destroyed in a humane way. No such dog or cat shall be released from a pound, either to the owner or to the adoptee, unless and until the same shall have been inoculated, as prescribed by section 3-11 of this article. Dogs or cats not redeemed, placed or adopted as herein provided shall be destroyed by the animal control officer in a humane manner. Diseased or injured dogs or cats impounded under this section shall be destroyed by the animal control officer in a humane manner without delay.

    (Ord. No. 1986-03, 4, 4-7-86; Ord. No. 2001-07, 5, 5-3-01)

    3-14. Appointment of animal control officer and assistants.

    The city council shall appoint an animal control officer. The city council, in its discretion, may appoint as animal control officer the chief of police or some other person already in the employ of the city or it may contract with a private individual or corporation to provide the services of animal control officer and to provide a facility in which to impound dogs and cats. The city council may appoint such additional persons as his assistants as may be required.

    (Ord. No. 1986-03, 5, 4-7-86; Ord. No. 2001-07, 6, 5-3-01)

    3-15. Dog or cat on premises other than own.

    Any dog or cat whether wearing a tag or not, which is found upon the premises of a person other than the owner or keeper thereof, shall, at the request of the owner of such premises, being impounded by the animal control officer or his assistants, and the owner thereof, if known, shall be notified of such impoundment. Such dog or cat may be redeemed upon payment of cost of keeping the dog or cat. If not redeemed by the owner thereof within seven (7) days, the dog or cat shall be subject to disposition as provided for in section 3-13 of this article.

    (Ord. No. 1986-03, 6, 4-7-86; Ord. No. 2001-07, 7, 5-3-01)

    Fayette,Alabama,CodeofOrdinances Page5

  • Chapter3ANIMALSANDFOWL

    3-16. Officers authorized to go on premises.

    The animal control officer, his assistants or any police officer of the city shall have the right for the public health, welfare and safety, to enter upon any property within the city for the purposes of capturing any dog or cat running at large or capturing any dog or cat upon written complaint that such dog or cat has bitten a human being, or capturing any vicious dog, or capturing any rabid dog or cat. It shall be unlawful for any person to hinder, molest or interfere with any such officer who is authorized or empowered to perform any duty under this article.

    (Ord. No. 1986-03, 7, 4-7-86; Ord. No. 2001-07, 8, 5-3-01)

    3-17. Rabid dogs or cats.

    When any dog or cat is apparently suffering from rabies, the animal control officer or any police officer may lawfully destroy such dog or cat in a humane manner wherever such dog or cat is apprehended, without the necessity of impounding the same.

    (Ord. No. 1986-03, 8, 4-7-86; Ord. No. 2001-07, 9, 5-3-01)

    3-17.1. Impoundment of dog or cat which has bitten a person.

    Whenever the police department, animal control officer, his assistants or rabies inspector shall receive information that any person has been bitten by a dog or cat, the police department, rabies inspector or animal control officer or his assistants shall have the said dog or cat confined under the direct care, custody and control and supervision of a licensed veterinarian for a period of ten (10) days. It shall be unlawful for any person having knowledge that any person has been bitten by any such dog or cat to refuse to notify promptly one (1) or more of the officers mentioned in this section. It shall be unlawful for the owner of any such dog or cat to refuse or fail to comply with any said recommendation made by the animal control officer, rabies inspector or police department in any particular case. It shall be unlawful for the owner of such dog or cat to refuse to deliver possession of any such dog or cat to any of said officers demanding possession of said dog or cat, and the police department, rabies inspector or animal control officer shall have the right to go upon the premises of the owner of the dog or cat and forcibly take said dog or cat and place said dog of cat with a licensed veterinarian. Any expenses incurred in the handling of any such dog or cat, including the fees of the licensed veterinarian and board of said dog or cat, shall be borne by the owner, and said dog or cat shall not be returned to the owner until said fees are paid to said licensed veterinarian; if the owner refused to pay said fees to the licensed veterinarian and said dog or cat is determined not to be rabid by the licensed veterinarian, the said veterinarian shall deliver said dog or cat to the pound pen and said dog or cat shall not be delivered or returned to the owner until all fees and expenses have been collected. If the owner neglects, fails or refuses to pay said fees, the said dog or cat shall be disposed of as provided for in section 3-13 of this article. The veterinarian under whose care a dog or cat has been committed shall report the results of his observations of said dog or cat to the person bitten or his physician or, in the case of a minor, to the parent or physician of the minor, or custodian or guardian of the minor.

    (Ord. No. 1986-03, 9, 4-7-86; Ord. No. 2001-07, 10, 5-3-01)

    3-17.2. Reserved.

    Editor's note

    Section 2 of Ord. No. 2009-02, adopted June 9, 2009, deleted 3-17.2, which pertained to vicious or dangerous dogs generally and derived from Ord. No. 1986-03, adopted Apr. 7, 1986; and Ord. No. 1988-03, adopted Oct. 3, 1988. See 3-44 for similar provisions.

    Fayette,Alabama,CodeofOrdinances Page6

  • Chapter3ANIMALSANDFOWL

    3-17.3. Reserved.

    Editor's note

    Section 3 of Ord. No. 2009-02, adopted June 9, 2009, deleted 3-17.3, which pertained to enclosures for vicious or dangerous dogsposting of premises, and derived from Ord. No. 1986-03, adopted Apr. 7, 1986; and Ord. No. 1988-03, adopted Oct. 3, 1988. See 3-44 for similar provisions.

    3-17.4. Reserved.

    Editor's note

    Section 4 of Ord. No. 2009-02, adopted June 9, 2009, deleted 3-17.4, which pertained to enclosure for vicious or dangerous dogsauthority of police chief and police officers when enclosures are determined to be inadequate, and derived from Ord. No. 1986-03, adopted Apr. 7, 1986; Ord. No. 1988-03, adopted Oct. 3, 1988; and Ord. No. 2001-07, adopted May 3, 2001. See 3-44 for similar provisions.

    3-17.5. Keeping of more than three dogs.

    It shall be unlawful for a person, firm or corporation to keep more than three (3) dogs within a pen or enclosure within any R-1, R-2 or R-3 Residential District, or R-4 Mobile Home Subdivision District or a RMH-1 Mobile Home Park District as zoned by the planning commission of the City of Fayette, except that they may be kept in any zoning district in a pen or enclosure which is at least three hundred (300) feet from any residence or private home other than owner or keeper.

    (Ord. No. 1986-03, 13, 4-7-86)

    3-17.6. Abandonment of dog or cat.

    It shall be unlawful for any person to abandon or set loose any dog or cat within the City of Fayette with the intention of avoiding the responsibility of the custody or care of such animal.

    (Ord. No. 1986-03, 14, 4-7-86; Ord. No. 2001-07, 12, 5-3-01)

    3-17.7. Penalties; fines and payment of expenses.

    (a) A violation of any of the provisions of this article by any person shall constitute a misdemeanor. Any person who shall violate any of the provisions of this article shall be fined not less than one dollar ($1.00) and not more than five hundred dollars ($500.00) and may be imprisoned or sentenced to jail or hard labor for a period not exceeding six (6) months, or both, at the discretion of the court.

    (b) Any person found guilty of violating this article shall pay all expenses, including shelter, food, veterinary expenses for identification or certification of the breed of the animal, or boarding and veterinary expenses necessitated by the seizure of any dog or cat for the protection of the public, and such other expenses as may be required for the destruction of any such dog or cat.

    (c) The provision of this article shall not have applicability to dogs while engaged in police service training at a recognized and duly licensed facility and under supervision of professional instructors.

    (Ord. No. 1986-03, 15, 4-7-86; Ord. No. 1988-03, 5, 10-3-88; Ord. No. 2001-07, 13, 5-3-01)

    Fayette,Alabama,CodeofOrdinances Page7

  • Chapter3ANIMALSANDFOWL

    3-17.8. Severability.

    If any section, sentence, clause or phrase of this article is for any reason held to be invalid or unconstitutional by a decision of any court, such a decision shall not affect the validity of the remaining portions of this article.

    (Ord. No. 1988-03, 6, 10-3-88)

    3-17.9. Tethering near property line.

    It shall be unlawful for the owner of any dog to tie, chain or tether such dog that it has access to public property or the property of another without the consent of the owner or person in charge of such property.

    (Ord. No. 2000-07, 1, 6-21-00)

    3-17.10. Barking or howling dogs.

    It shall be unlawful for the owner of any dog kept within the city to allow the loud and frequent, or continued, barking, howling or yelping of such dog to continue for any interval of ten (10) minutes or more between the hours of 6:00 p.m. and 6:00 a.m., or to allow such barking, howling or yelping to repeatedly awaken any neighbor from sleep at any time, or to allow such barking, howling or yelping to repeatedly interfere with the lawful right of any neighbor to enjoy the use of such neighbor's premises for social, recreational or business purposes.

    (Ord. No. 2000-07, 2, 6-21-00)

    FOOTNOTE(S):

    --- (1) ---

    Editor's note Ord. No. 1986-03, 115, adopted April 7, 1986, did not specifically amend the Code, but has been included herein as superseding Ch. 3, Art. III, at the discretion of the editor. Prior to codification of Ord. No. 1986-03, Ch. 3, Art. III derived from Code of Fayette, 1919, 230232, 424, 435; Ord. of 9-2-57, amd. 4-17-67, 1 and Ord. of 9-2-57, 2. (Back)

    ARTICLE IV. ANIMALS AND FOWL RUNNING AT LARGE DIVISION 1. - ANIMALS RUNNING AT LARGE

    Division 2 - - Fowl Running at Large

    DIVISION 1. ANIMALS RUNNING AT LARGE 3-18. Unlawful to allow diseased stock to run at large; penalty.

    3-19. Unlawful for stock to run at large.

    3-20. Unlawful to stake, tie or picket stock on public property or property of another.

    3-21. Stock running at largeTo be sold to highest bidder.

    3-22. SameFees to be paid.

    Fayette,Alabama,CodeofOrdinances Page8

  • Chapter3ANIMALSANDFOWL

    3-23. Penalty for violation.

    3-18. Unlawful to allow diseased stock to run at large; penalty.

    Any person being the owner of, or having in his control, any animal diseased with glanders, distemper or other contagious disease, who allows such animal to go at large in the city shall be guilty of a misdemeanor, and upon conviction therefor, shall be fined not less than one dollar ($1.00) and not more than fifty dollars ($50.00).

    (Code of Fayette, 1919, 367)

    3-19. Unlawful for stock to run at large.

    It shall be unlawful for horses, mules, jacks, jennets, mares, colts, cows, calves, bulls, yearlings, sheep, oxen, goats, kids, or hogs to go at large within the corporate limits of the city.

    (Code of Fayette, 1919, 377)

    State law reference Similar provisions, Code of Alabama, 3-5-2.

    3-20. Unlawful to stake, tie or picket stock on public property or property of another.

    It shall be unlawful to stake, tie, or picket any horse, mule, jack, jennet, mare, colt, cow, calf, bull, yearling, sheep, ox, goat, kid, or hog, on any street, sidewalk, public property, or property owned by another within the corporate limits of the city for the purpose of grazing such animals, and any animal so tied, staked, or picketed shall be deemed to be at large.

    (Code of Fayette, 1919, 378)

    3-21. Stock running at largeTo be sold to highest bidder.

    It shall be the duty of the chief of police to take possession of any such stock running at large and to immediately notify the owner or person, if known, having control of same, who may reclaim the same any time before a sale thereof by paying the fees and costs hereinafter provided for. The chief of police shall immediately advertise and sell any such stock so taken possession of, and such advertisement shall be by posting notices in three (3) public places in the city for at least three (3) days before the sale, and all sales hereunder shall be to the highest bidder for cash.

    (Code of Fayette, 1919, 379)

    3-22. SameFees to be paid.

    The chief of police shall be entitled to a fee as provided by the council for each such animal so taken by him and for each day he retains such animal in his possession, which shall be paid by the owner when reclaimed; otherwise, out of the proceeds of the sale thereof. The proceeds of the sale of such stock over and above the aforementioned fees shall be turned over to the owner, if known; otherwise, it shall be turned over to the city treasurer, and after the lapse of six (6) months, if not demanded by the owner, shall become the absolute property of the city.

    (Code of Fayette, 1919, 380)

    Fayette,Alabama,CodeofOrdinances Page9

  • Chapter3ANIMALSANDFOWL

    3-23. Penalty for violation.

    Any person being the owner or having under his control any stock mentioned in the preceding sections hereof, who knowingly permits any such stock to go at large within the corporate limits of the city, shall be fined not less than one dollar ($1.00), and not more than ten dollars ($10.00).

    (Code of Fayette, 1919, 381)

    Division 2 - Fowl Running at Large 3-24 Unlawful to Allow Fowl to Run at Large

    3-25 Fowl - Defined

    3-26 Procedure for Taking Up Fowl Found at Large

    3-27 Ascertaining Damages of Fowl at Large

    3-28 When Judgment is Against Complainant

    3-29 Rights of Person Taking Up Fowl at Large

    3-30 Settlement; Trial; Appeal

    3-31 Fowl Found at Large - When to be Sold

    3-323-39. Reserved.

    3-24 Unlawful to Allow Fowl to Run at Large

    It shall be unlawful for the owner of any chicken, guinea, turkey, goose or duck, to knowingly, voluntarily, negligently, or willfully permit any such fowls to go at large on the premises of another, within the corporate limits of the City of Fayette, Alabama. The owner of such fowls so permitted to run at large shall be liable to any person injured thereby for all damages done to crops, gardens, vegetables, shade or fruit trees, grass, flowers or ornamental shrubs of another, to be recovered before the Recorder of the City of Fayette, Alabama, and the judgment of the Recorder against the owner of such fowl so depredating shall be a lien superior to all liens on the fowls causing the injury, in addition to other execution and judgment liens prescribed by law or ordinance.

    (Code of Fayette, 1919, 315.)

    3-25 Fowl - Defined

    The term "fowl" or "fowls" where it appears in this Code shall be held to include chicken, geese, turkeys, ducks and guineas. The terms, "chicken, turkey, geese, ducks and guineas," shall be held to include male and female and to include all ages of said chicken, geese, turkeys, guineas and ducks.

    (Code of Fayette, 1919, 321.)

    3-26 Procedure for Taking Up Fowl Found at Large

    Any person who is the owner of or in lawful possession of any land, or his agent, shall have the right to take possession of any chicken, guinea, turkey, goose or duck found at large and uncontrolled on his premises, or premises of which he has charge, and when so taken up, he shall notify personally the owner of such fowls, when known, or by leaving a written notice at the usual place of residence of such owner, within twelve (12) hours after taking up such fowls. If the owner is unknown, the person taking up

    Fayette,Alabama,CodeofOrdinances Page10

  • Chapter3ANIMALSANDFOWL

    the fowl or fowls shall, within twenty (24) four hours after so taking up the fowl or fowls, file a statement in writing with the Recorder of the City of Fayette setting forth:

    a. The name of the person taking up the fowl or fowls;

    b. A description of the fowls as to kind, sex, color and apparent age and where taken up; and

    c. The amount of charges claimed for taking up and caring for the fowls.

    (Code of Fayette, 1919, 316.)

    3-27 Ascertaining Damages of Fowl at Large

    The Recorder shall thereupon immediately proceed to inquire and ascertain the amount of such damages and charges, and if he shall ascertain and determine that such fowls were unlawfully at large on the premises of another, he shall make and enter on his docket an order in substance as follows:

    It appears on the complaint of A. B. that a chicken (guinea, turkey, goose or duck as the case may be) was unlawfully on the premises or land of A. B. (or C. S. as the case may be), and that the owner thereof is unknown and that such fowl has damaged the crop (garden, vegetables, shade trees, or fruit trees, grass, flowers, or ornamental shrubbery) of A. B. (or C. D.) to the amount of .............. dollars, and that the said A. B. is entitled to ................ dollars for taking up and caring for said fowl, and that the said fowl be sold for the satisfaction thereof.

    (Code of Fayette, 1919, 317.)

    3-28 When Judgment is Against Complainant

    If, upon the trial of any suit or proceeding brought hereunder, it is ascertained and adjudged by the Recorder that the fowl taken up by the party complaining was not unlawfully at large upon the premises of another, he shall render a judgement directing that such fowl or fowls be discharged, and tax the party complaining with all the costs.

    (Code of Fayette, 1919, 318.)

    3-29 Rights of Person Taking Up Fowl at Large

    The person taking up such fowl or fowls shall be entitled to the possession thereof until the judgment which may be recovered as herein provided is paid, together with the costs of the same, and the cost of keeping and caring for after such judgment, or until the same is sold under execution to satisfy said judgment, or until the damage, which may be ascertained as hereinafter provided, be paid.

    (Code of Fayette, 1919, 319.)

    3-30 Settlement; Trial; Appeal

    The owner of any fowl or fowls which have been seized, as provided herein, shall have the right to the possession of the same by paying such judgment and cost thereof, or by paying the damages, fees, costs and expenses due on account of such seizure to the person so seizing such fowl or fowls; but should the parties be unable to agree upon the amount of damages, fees, costs and expenses due, either party shall have the right to go before the Recorder of the City of Fayette, Alabama, where such fowl or fowls are taken up, and have the issue tried instantly, or as soon as practicable, on a written statement or complaint setting forth in substance the facts of such seizure, first giving the opposite party six (6) hours notice thereof, and said issue shall involve the validity of such seizure, and the amount of damages, fees, costs and expenses, under the provisions of this article. The judgment of said Recorder shall have all the force and effect of a judgment in any other case at law, and be executed in the same manner as judgments of justice courts is enforced under the laws of the State of Alabama. The owner of such

    Fayette,Alabama,CodeofOrdinances Page11

  • Chapter3ANIMALSANDFOWL

    property so taken up may give bond in double the value of the same, payable to the person so taking up said property, to be approved by the Recorder before whom the proceedings are pending, conditioned to deliver the property to the chief of police or other legal officer having the writ of execution or order of sale issued on such judgment to satisfy such judgment rendered in said cause, within five (5) days after such judgment to satisfy such judgment as to damages and costs.

    If, upon the trial, it is shown that the owner of said fowl or fowls tendered to the plaintiff a full and fair compensation for the damages before the suit, and pays the same to the court, then the suit shall be dismissed at the costs of the plaintiff. On the trial of such issues, the party taking up such fowls shall be the plaintiff in the action. In case the owner is unknown, the Recorder shall determine the validity of the seizure and the amount of the damages, fees, costs and expenses, under the provisions of this article, from such evidence as shall be adduced before him. The fees and costs of the Recorder and policeman shall be the same as the fees and costs in courts of the State of Alabama, under the general laws for like services. From any judgment rendered by the Recorder, under the provisions of this article, an appeal may be taken to the circuit court within Fayette County, Alabama, within five (5) days from the rendition of such judgments.

    (Code of Fayette, 1919, 320.)

    3-31 Fowl Found at Large - When to be Sold

    If the owner or his agent shall not, under the provisions of this article, when he has made no bond as above provided, reclaim his fowl or fowls in twelve (12) hours after the Recorder shall have ascertained such damages, then the Recorder shall order the same sold by the policeman of the city, or by some one appointed to act as such, and the policeman or person appointed to act as such, upon the making of such order shall sell the same upon giving one day's notice of such sale by posting a written or printed notice at three (3) public places in the City of Fayette, one of which places shall be the post office, and, out of the proceeds, pay the expenses of such sale and of taking up and of the fees and damages due the plaintiff and of making the order of sale and the keeping and caring for, and the order of condemnation, and the balance must be paid to the owner of such fowl or fowls, if known, and if not known then into the city treasury.

    (Code of Fayette, 1919, 321.)

    3-323-39. Reserved.

    ARTICLE V. DANGEROUS ANIMALS AND PROHIBITED ANIMALS DIVISION 1. - DANGEROUS ANIMALS

    DIVISION 2. - PROHIBITED ANIMALS

    DIVISION 1. DANGEROUS ANIMALS 3-40. Definition of dangerous animal.

    3-41. Prohibition on dangerous animals.

    3-42. Exceptions.

    3-43. Exceptions for dangerous animal.

    3-44. Permit and registration requirements for dangerous animals.

    3-45. Notice of keeping dangerous animals.

    3-46. Seizure and impounding of dangerous animals.

    3-47. Impoundment.

    3-48. Redemption of impounded animals by owner.

    Fayette,Alabama,CodeofOrdinances Page12

  • Chapter3ANIMALSANDFOWL

    3-49. Fees and charges.

    3-50. Destruction of animals authorized.

    3-51. Permit required.

    3-52. Issuance of permit.

    3-53. Application for permit.

    3-54. Term and renewal of permits.

    3-55. Revocation and suspension of permits.

    3-56. Costs paid by owner.

    3-57. Failure to comply.

    3-58. Violations and penalties.

    3-59. Severability.

    3-603-69. Reserved.

    3-40. Definition of dangerous animal.

    For the purposes of this chapter "dangerous animal" means and includes:

    (1) Any dog or cat which has a disposition, propensity or tendency to attack or bite any person or domesticated animal without provocation; or cause injury or otherwise endanger the safety of any person or other domesticated animal as evidenced by its repeated chasing or snapping. Any dog that has been trained for fighting or is kept primarily for the purpose of fighting. For the purposes of this article, where the dog or cat has bitten any person, it shall be prima facie evidence that the dog or cat is a dangerous animal. Any dog which is known by the owner to habitually charge at persons on the public streets and other public ways shall be presumed to be dangerous, whether or not such dog has actually bitten or attacked a person or other animal.

    (2) Any domesticated dog that has in its known genetic history and/or formal pedigree crossbreeding with the wolf species to include, but not be limited to, animals referred to as a wolf-hybrid, wolf-mix breeds or the breed known as Tundra Shepherd.

    (3) Any animal which is not naturally tame or gentle but is of a wild nature or disposition and which, because of its size, vicious nature or other characteristics, would constitute a danger to human life or property.

    (4) Any pit bull dog, which shall be defined to mean:

    a. The bull terrier breed of dog;

    b. Staffordshire bull terrier breed of dog;

    c. American pit bull terrier breed of dog;

    d. American Staffordshire terrier breed of dog;

    e. Dogs of mixed breed or of other breeds than above listed which breed or mixed breed is known as pit bulls, pit bull dogs, or pit bull terriers;

    f. Any dog which has the appearance and characteristics of being predominantly of the breeds bull terrier, Staffordshire bull terrier, American pit bull terrier, American Staffordshire terrier, any other breed commonly known as pit bulls, pit bull dogs or pit bull terriers; or a combination of any of those breeds.

    Fayette,Alabama,CodeofOrdinances Page13

  • Chapter3ANIMALSANDFOWL

    Note: As of July 3, 2009, a pit bull dog is a prohibited animal and is subject to the provisions of 3-70 et seq.

    (Ord. No. 2009-02, 5, 6-9-09)

    3-41. Prohibition on dangerous animals.

    Except as provided in sections 3-42, 3-43, and 3-44, it shall be unlawful to own, harbor, keep or have charge, custody, control or possession of any dangerous animal in the city.

    (Ord. No. 2009-02, 5, 6-9-09)

    3-42. Exceptions.

    (a) Any person who falls into one (1) of the following subsections shall be permitted to own, harbor, keep or have charge, custody, control, or possession of a dangerous animal, provided the person has first secured a permit in accordance with the provisions of this article.

    (1) A circus, carnival or other exhibit, training, competition or show by which the animals are kept for exhibition to the public.

    (2) A bona fide, licensed veterinary clinic where the animals are kept for treatment.

    (3) Private individuals who have registered a dangerous animal and complied with all applicable requirements of this article.

    (4) The humane society, except that the agency is only exempt from the permit requirements of this article.

    (5) A law enforcement agency which maintains an animal trained and certified to assist in law enforcement. Such an agency is also exempt from the permit requirements of this article.

    (b) The provisions of this article shall not apply to the transportation of a dangerous animal through the city, when such transporter has taken adequate safeguards to protect the public and has notified the police department of the proposed route of transportation and the time thereof.

    (Ord. No. 2009-02, 5, 6-9-09)

    3-43. Exceptions for dangerous animal.

    An animal may not be declared a dangerous animal in any of the following circumstances:

    (1) When an injury or damage was sustained by a person who, at the time such injury or damage was sustained, was committing a willful trespass or other tort upon the premises occupied by the owner of the animal or was teasing, tormenting, abusing or assaulting the animal or was committing or attempting to commit a crime.

    (2) When an injury or damage was sustained by another animal which, at the time such injury or damage was sustained, was teasing, tormenting, abusing or assaulting the animal alleged to be dangerous.

    (3) When the animal was protecting or defending a person within the immediate vicinity of the animal from an unjustified attack or assault.

    (4) When an injury to a domestic animal was sustained while a dog was working as a hunting dog, herding dog or predator control dog on the property or under the control of its owner, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog.

    (5) When the animal was responding to pain or injury or protecting itself, its kennel or its offspring.

    Fayette,Alabama,CodeofOrdinances Page14

  • Chapter3ANIMALSANDFOWL

    (6) When a person or domestic animal was disturbing the natural functions of the animal such as sleeping or eating.

    (Ord. No. 2009-02, 5, 6-9-09)

    3-44. Permit and registration requirements for dangerous animals.

    The keeping of a dangerous animal shall be subject to the following mandatory requirements:

    (1) Confinement. A dangerous animal shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled or in a crate as provided below. Such pen, kennel or structure must have secure sides and a secure top attached to the sides. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two (2) feet. All structures used to confine a dangerous animal must be locked with a key or combination lock when such animals are within the structure. All structures erected to house a dangerous animal must comply with all zoning and building regulations. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.

    (2) At large. No person shall permit a dangerous animal to be at large. It shall be no defense in any prosecution that such animal was at large or improperly confined, leashed or muzzled without the knowledge, consent or permission of the person charged with the violation.

    (3) Leash and muzzle or crate. No person shall permit a dangerous animal to go outside its kennel or pen unless such animal is securely leashed with a leash no longer than three (3) feet in length and under the control of a competent adult. As an alternative, the animal may be confined in a locked crate which is constructed of material of sufficient strength to prevent escape, posted with a sign saying "dangerous animal" and constructed so that a child cannot penetrate the crate with his hand. When a dangerous animal is in a vehicle or being transported in an open truck bed or other conveyance, it shall be confined in a locked crate or cage which is constructed of material of sufficient strength to prevent escape and posted with a sign saying "dangerous animal" and constructed so that a child cannot penetrate the crate or cage with his hand. No person shall permit a dangerous animal to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such animals may not be leashed to inanimate objects such as trees, posts or buildings. In addition, a dangerous animal on a leash outside of the animal's kennel must be muzzled by a muzzling device sufficient to prevent such animals from biting persons or other animals.

    (4) Confinement indoors. No dangerous animal may be kept on a porch, patio or in any part of a house or structure that would allow the animal to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the animal from exiting the structure.

    (5) Signs. All owners of a dangerous animal shall display immediately to the left of the front door of the residence or business where the animal is located a sign which shall be easily readable by the public using the works "dangerous animal." In addition, a similar sign is required to be posted on the kennel or pen of such animal.

    (6) Insurance. All owners of a dangerous animal must have liability insurance in a single incident amount of at least one hundred thousand dollars ($100,000.00) specifically covering any damage or injury which may result from the ownership, keeping or maintenance of such animal. The policy shall contain a provision requiring the city to be named as an additional insured for the sole purpose of being notified by the insurer of any cancellation, termination or expiration of the liability insurance policy. At the time of the initial registration the owner must present proof to the police chief of the required insurance. At the time of subsequent registration the owner must show proof of insurance for the present registration period and proof that there was insurance coverage throughout the period of the prior registration year. In the event the liability insurance

    Fayette,Alabama,CodeofOrdinances Page15

  • Chapter3ANIMALSANDFOWL

    is canceled, lapsed, or for any other reason becomes nonenforceable, the owner shall be in violation of the provisions of this article and subject to the penalties provided herein.

    (7) Identification photographs. All owners of a dangerous animal must provide to the police chief two (2) color photographs of the