Alabama Code 45-11-172.04

(a)

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Terms Used In Alabama Code 45-11-172.04

Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
following: means next after. See Alabama Code 1-1-1
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
property: includes both real and personal property. See Alabama Code 1-1-1
writing: includes typewriting and printing on paper. See Alabama Code 1-1-1

(1) If a court determines that a dog is dangerous or a nuisance, but does not order that the dog be destroyed because evidence was insufficient to determine that the dog caused serious physical injury or damage to the real or personal property of another person, the owner of the dog shall comply with the requirements in subdivision (2) in addition to any other requirements imposed by the court.

(2) Within 30 days of the issuance of the order declaring the dog to be dangerous or a nuisance, the owner of the dog shall be required to register the dog with the animal control authority in the jurisdiction in which the animal is kept or if there is no animal control authority in the jurisdiction where the animal is kept, with the county health department. All certificates of registration required to be obtained under this section shall only be issued to persons 18 years of age or older which represent evidence of the following:

a. A current certificate of rabies vaccination.

b. A current photograph of the dog.

c. That the dog will be confined to a proper enclosure when the dog is outdoors and unattended.

d. That the dog has been neutered or spayed, unless medically not needed.

e. That the dog has been permanently identified by tattooing or injected with an identification microchip using standard veterinary procedures.

f. A policy of insurance or a surety bond in the amount of not less than one hundred thousand dollars ($100,000) covering the medical or veterinary costs, or both, resulting from any future dangerous actions of the dog.

g. If the owner of the dangerous or nuisance dog is not the owner of the property where the dog is kept, proof that the owner of the dog has obtained from the property owner written permission for the dangerous or nuisance dog to be kept there.

h. A notarized affidavit from the owner of the dangerous or nuisance dog stating that the dog will be under the control of a person 18 years of age or older when the dog is not in a proper enclosure or inside a building and that the dog will not be allowed outside the property of its owner except in emergencies or for normal or necessary medical or health-related treatment.

(b) If the owner fails to provide a proper enclosure for the dangerous or nuisance dog or fails to provide a certification of dangerous or nuisance dog registration to the court within 30 days of the issuance of the declaration of the court that the dog is dangerous or a nuisance, the dog shall be humanely euthanized.

(c) The owner of the dangerous or nuisance dog shall pay an annual fee to register the dog pursuant to this part. The amount of the dangerous or nuisance dog registration fee shall be established by the county.

(d) An animal control officer or law enforcement officer may make whatever inquiry is deemed necessary to ensure compliance with this part and any court order issued pursuant to this part.

(e) Prior to a dangerous or a nuisance dog being sold or given away, the owner shall advise the new prospective owner in writing that the dog has been declared to be dangerous or a nuisance by a court and shall provide the animal control authority or county health department information on where the dog is registered, the name, address, and the telephone number of the new owner. The new owner shall comply with all of the requirements of this part.

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