Alabama

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AL - Entertainment - § 40-12-111. Horse show, rodeo, or dog and pony shows.

Summary: This Alabama laws states that every horse show, rodeo, dog and pony show, or like exhibition or show, where any charge is made therefor, shall pay a license tax of $25 for each day of performance.

This Alabama laws states that every horse show, rodeo, dog and pony show, or like exhibition or show, where any charge is made therefor, shall pay a license tax of $25 for each day of performance.

AL - Facility dog - § 12-21-148. Use of certified facility dog in certain legal proceedings.

Summary: This Alabama law from 2017 covers use of both registered therapy dogs and registered facility dogs in certain legal proceedings. A "registered therapy dog" is defined as "[a] trained emotional support dog that has been tested and registered by a nonprofit therapy dog organization that sets standards and requirements for the health, welfare, task work, and oversight for therapy dogs and their handlers . . ." A "certified facility dog" is defined as "[a] trained working dog that is a graduate of an assistance dog organization, a nonprofit organization that sets standards of training for the health, welfare, task work, and oversight for assistance dogs and their handlers . . ." Both must meet minimum standards including minimum months/years of training, documentation showing graduation from an assistance dog organization, a current health certificate, and proof of at least $500,000 in liability insurance. During trial proceedings, all precautions should be taken to obscure the presence of the dog from the jury.

This Alabama law from 2017 covers use of both registered therapy dogs and registered facility dogs in certain legal proceedings. A "registered therapy dog" is defined as "[a] trained emotional support dog that has been tested and registered by a nonprofit therapy dog organization that sets standards and requirements for the health, welfare, task work, and oversight for therapy dogs and their handlers . . ." A "certified facility dog" is defined as "[a] trained working dog that is a graduate of an assistance dog organization, a nonprofit organization that sets standards of training for the health, welfare, task work, and oversight for assistance dogs and their handlers . . ." Both must meet minimum standards including minimum months/years of training, documentation showing graduation from an assistance dog organization, a current health certificate, and proof of at least $500,000 in liability insurance. During trial proceedings, all precautions should be taken to obscure the presence of the dog from the jury.

AL - Animal Shelters - § 3-10-1 to § 3-10-5

Summary: This statute defines an animal shelter and describes a monthly report that each animal shelter must compile. Among other things, contents of the report include number of strays, adoptions, health-related issues, and costs incurred by the shelter. This report must be made available to the public, though a reasonable fee is appropriate. There is no cause of action created by this statute.

This statute defines an animal shelter and describes a monthly report that each animal shelter must compile. Among other things, contents of the report include number of strays, adoptions, health-related issues, and costs incurred by the shelter. This report must be made available to the public, though a reasonable fee is appropriate. There is no cause of action created by this statute.

Simons v. State

Summary: In this case, defendant was convicted of a Class C felony of cruelty to a dog or cat and was sentenced to twenty years in prison (the conviction stems from the beating a kitten to death with his bare fists). The lower court applied the Habitual Felony Offender Act (HFOA) which allowed the court to sentence defendant beyond the maximum penalty (defendant had 16 prior felony convictions). Defendant appealed his sentence, arguing that HFOA did not apply to his Class C felony of cruelty to a dog or cat. Ultimately, the court held that HFOA did not apply to the Class C felony here. The court maintained that the animal cruelty statue was plainly written and explicitly stated that a first degree conviction of animal cruelty would not be considered a felony under HFOA. As a result, defendant's conviction was upheld but remanded for new sentencing.

In this case, defendant was convicted of a Class C felony of cruelty to a dog or cat and was sentenced to twenty years in prison (the conviction stems from the beating a kitten to death with his bare fists). The lower court applied the Habitual Felony Offender Act (HFOA) which allowed the court to sentence defendant beyond the maximum penalty (defendant had 16 prior felony convictions). Defendant appealed his sentence, arguing that HFOA did not apply to his Class C felony of cruelty to a dog or cat. Ultimately, the court held that HFOA did not apply to the Class C felony here. The court maintained that the animal cruelty statue was plainly written and explicitly stated that a first degree conviction of animal cruelty would not be considered a felony under HFOA. As a result, defendant's conviction was upheld but remanded for new sentencing.

Berg v. Nguyen

Summary: This Alabama case involves the appeal of summary judgment on behalf of defendants in a personal injury dog bite case. The plaintiff here was bitten as she walked through a parking lot of the retail store adjacent to the residence where the dogs were kept. The dogs (six or seven pit bulls) were kept by defendants' tenants at the residence. Some of the dogs were kept in outdoor, chain-link kennels and others were allowed to remain in the fenced backyard. Plaintiff Berg filed a complaint against the Nguyens and their business under a theory of landlord-tenant liability for the dog bite. The lower court granted the Nguyens' motion for summary judgment, finding that Alabama law does not provide for landlord liability in this case. On appeal here, the court was persuaded by defendants' evidence that they did not know of the dog's dangerous propensity and were aware of only two occasions where animal control had been called. Further, there were only a few times Than Nguyen was aware the dogs were left unchained in the front yard. This was sufficient for the court to find that plaintiff did not meet her burden establishing that the Nguyens knew or should have known of any dangerous propensities of the dog that bit plaintiff. As to the issue of defendants' knowledge that pit bulls were "inherently dangerous," the court held that the Alabama Supreme Court in Humphries established that breed alone is insufficient to impute knowledge. Summary judgment was affirmed.

This Alabama case involves the appeal of summary judgment on behalf of defendants in a personal injury dog bite case. The plaintiff here was bitten as she walked through a parking lot of the retail store adjacent to the residence where the dogs were kept. The dogs (six or seven pit bulls) were kept by defendants' tenants at the residence. Some of the dogs were kept in outdoor, chain-link kennels and others were allowed to remain in the fenced backyard. Plaintiff Berg filed a complaint against the Nguyens and their business under a theory of landlord-tenant liability for the dog bite. The lower court granted the Nguyens' motion for summary judgment, finding that Alabama law does not provide for landlord liability in this case. On appeal here, the court was persuaded by defendants' evidence that they did not know of the dog's dangerous propensity and were aware of only two occasions where animal control had been called. Further, there were only a few times Than Nguyen was aware the dogs were left unchained in the front yard. This was sufficient for the court to find that plaintiff did not meet her burden establishing that the Nguyens knew or should have known of any dangerous propensities of the dog that bit plaintiff. As to the issue of defendants' knowledge that pit bulls were "inherently dangerous," the court held that the Alabama Supreme Court in Humphries established that breed alone is insufficient to impute knowledge. Summary judgment was affirmed.

Hogan v. Hogan

Summary: This case is an appeal of a judgment granting an Alabama divorce. With regard to animal law, the husband argues on appeal that the trial court erred in awarding the wife the couple's two dogs. Specifically, the husband argues that one of the dogs was given to him as a gift and is therefore his separate property. He also suggests that because the dogs lived with him since his wife moved out of the marital property (from 11/2012 until 02/2015), he is the "proper owner" of the dogs. While this court noted that evidence concerning ownership was disputed at trial, the evidence is undisputed that the wife entered the marriage with one of the dogs. The second dog was given to both parties by the wife's niece. In examining Alabama law, the court observed that it has long been held that dogs are property. Thus, evidence of ownership can come from documentary title (like a dog license or registration) or possession. Here, the court was persuaded by the testimony that when the wife moved out, she moved into an apartment and was unable to take the dogs with her. No evidence was presented that the wife's circumstances changed to allow her to keep the dogs, and there was no showing that the wife sought court intervention to regain possession of the dogs. Thus, the court stated the following: "Based on the presumption stated in Placey, supra, that the ownership of a pet is presumed to be in the person who possesses it, and given the wife's failure to present evidence indicating that she was in a position to take the dogs, we conclude that the evidence does not support the trial court's decision to award the dogs to the wife. Accordingly, that portion of the judgment awarding the dogs to the wife is reversed."

This case is an appeal of a judgment granting an Alabama divorce. With regard to animal law, the husband argues on appeal that the trial court erred in awarding the wife the couple's two dogs. Specifically, the husband argues that one of the dogs was given to him as a gift and is therefore his separate property. He also suggests that because the dogs lived with him since his wife moved out of the marital property (from 11/2012 until 02/2015), he is the "proper owner" of the dogs. While this court noted that evidence concerning ownership was disputed at trial, the evidence is undisputed that the wife entered the marriage with one of the dogs. The second dog was given to both parties by the wife's niece. In examining Alabama law, the court observed that it has long been held that dogs are property. Thus, evidence of ownership can come from documentary title (like a dog license or registration) or possession. Here, the court was persuaded by the testimony that when the wife moved out, she moved into an apartment and was unable to take the dogs with her. No evidence was presented that the wife's circumstances changed to allow her to keep the dogs, and there was no showing that the wife sought court intervention to regain possession of the dogs. Thus, the court stated the following: "Based on the presumption stated in Placey, supra, that the ownership of a pet is presumed to be in the person who possesses it, and given the wife's failure to present evidence indicating that she was in a position to take the dogs, we conclude that the evidence does not support the trial court's decision to award the dogs to the wife. Accordingly, that portion of the judgment awarding the dogs to the wife is reversed."

AL - Lien, vet - § 35-11-390. Lien declared

Summary: This Alabama section relates to veterinary liens. The law states that every licensed veterinarian has a lien on every animal kept, fed, treated or surgically treated or operated on by him or her while in his or her custody and under contract with the owner of such animal. This lien is for payment of the veterinarian's charges for keeping, feeding, treating or surgically treating or operating on such animal, and the vet has the right to retain such animal until said charges are paid.

This Alabama section relates to veterinary liens. The law states that every licensed veterinarian has a lien on every animal kept, fed, treated or surgically treated or operated on by him or her while in his or her custody and under contract with the owner of such animal. This lien is for payment of the veterinarian's charges for keeping, feeding, treating or surgically treating or operating on such animal, and the vet has the right to retain such animal until said charges are paid.

Overview of Alabama Great Ape Laws

Summary: This article discusses the state laws that govern the import, possession, use, and treatment of Great Apes in Alabama. In Alabama, gorillas, chimpanzees, bonobos, orangutans and gibbons are considered “Class 1” wildlife, which means that they are among the most heavily regulated wild animals in the state. Although the possession and use of apes is heavily regulated in certain areas, such as display and exhibition, it is virtually unregulated in other areas. The following article begins with a general overview of the various state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries. The discussion concludes with a compilation of local ordinances which govern the possession and use of apes within geographic subdivisions of the state.

This article discusses the state laws that govern the import, possession, use, and treatment of Great Apes in Alabama. In Alabama, gorillas, chimpanzees, bonobos, orangutans and gibbons are considered “Class 1” wildlife, which means that they are among the most heavily regulated wild animals in the state. Although the possession and use of apes is heavily regulated in certain areas, such as display and exhibition, it is virtually unregulated in other areas. The following article begins with a general overview of the various state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries. The discussion concludes with a compilation of local ordinances which govern the possession and use of apes within geographic subdivisions of the state.

Detailed Discussion of Alabama Great Ape Laws

Summary: This article discusses the state laws that govern the import, possession, use, and treatment of Great Apes in Alabama. In Alabama, gorillas, chimpanzees, bonobos, orangutans and gibbons are considered “Class 1” wildlife, which means that they are among the most heavily regulated wild animals in the state. Although the possession and use of apes is heavily regulated in certain areas, such as display and exhibition, it is virtually unregulated in other areas. The following article begins with a general overview of the various state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries. The discussion concludes with a compilation of local ordinances which govern the possession and use of apes within geographic subdivisions of the state.

This article discusses the state laws that govern the import, possession, use, and treatment of Great Apes in Alabama. In Alabama, gorillas, chimpanzees, bonobos, orangutans and gibbons are considered “Class 1” wildlife, which means that they are among the most heavily regulated wild animals in the state. Although the possession and use of apes is heavily regulated in certain areas, such as display and exhibition, it is virtually unregulated in other areas. The following article begins with a general overview of the various state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries. The discussion concludes with a compilation of local ordinances which govern the possession and use of apes within geographic subdivisions of the state.
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