190147-1:n:01/22/2018:KBH/tgw LSA2018-89
| SYNOPSIS: | Existing law does not provide for procedures for handling claims relating to potentially or proven dangerous dogs. |
| This bill would establish the procedure by which a dog can be declared dangerous. | |
| This bill would authorize a county attorney, municipal attorney, or municipal prosecutor to file a petition with the district or municipal court to declare a dog dangerous. | |
| This bill would provide that a dangerous dog which causes serious physical injury or death to a person would be humanely destroyed. | |
| This bill would provide that a dog found to be dangerous, but which has not caused serious physical injury to a person, could be returned to the owner if certain registration requirements are met and the dog is securely enclosed. This bill would provide for penalties, including felony penalties for violations of this act. | |
| Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a two-thirds vote unless: It comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds or provides a local source of revenue to the entity for the purpose. | |
| The purpose or effect of this bill would require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a two-thirds vote to become effective because it comes within one of the specified exceptions contained in the amendment. |
Relating to dogs; to establish a procedure by which a dog can be declared dangerous and be humanely destroyed; to provide that a dog found to be dangerous, but which has not caused serious physical injury to a person, could be returned to the owner if certain registration requirements are met and the dog is securely enclosed; to provide for penalties; to provide immunity for county officers and employees; and in connection therewith to have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The Legislature finds that certain dogs are an increasingly serious and widespread threat to the safety and welfare of citizens of this state by virtue of their unprovoked attacks on and associated injury to individuals; that these attacks are in part attributable to the failure of owners to confine and properly train and control these dogs; that existing laws inadequately address this problem; and that it is therefore appropriate and necessary to impose a uniform set of state requirements on the owners of dangerous dogs.
Section 2. For the purposes of this act, the following words shall have the following meanings:
(1) ANIMAL CONTROL OFFICER. Any person employed by a county or municipality who performs animal control functions or any person who performs animal control functions who is employed by an entity under agreement or contract with a county or municipality to perform animal control functions or to enforce this act.
(2) ATTACK. Aggressive physical contact initiated by a dog.
(3) BITTEN. Seized with the teeth so that the skin of the person seized has been gripped, or has been wounded or pierced.
(4) DANGEROUS DOG. A dog, regardless of its breed, that has bitten, attacked, or caused physical injury, serious physical injury, or death to a person without provocation, except a dog used by law enforcement officials for legitimate law enforcement purposes.
(5) DOG. All members of the canine family including dog hybrids.
(6) IMPOUNDED. Taken into the custody of law enforcement, the county pound, or an animal control authority or provider of animal control services to the municipality or county where the dangerous dog is found.
(7) OWNER. A person, firm, corporation, or organization having a right of property in a dog, or who keeps or harbors a dog, or who has a dog in his or her care or acts as the custodian of a dog, or who permits a dog to remain on or about any premises occupied by him or her.
(8) PHYSICAL INJURY. An injury as defined in Section 13A-1-2(12), Code of Alabama 1975.
(9) PROPER ENCLOSURE OF A DANGEROUS DOG. An enclosure for the confinement of a dog that has been declared dangerous that is suitable to prevent the entry of the general public and that does all of the following:
a. Is capable of being locked with a key or combination lock when the dog is within the structure.
b. Has secure sides and a secure top attached at all sides. All four sides of the 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 dog from digging out.
c. Provides adequate ventilation and protection from the elements.
d. Exhibits a sign conspicuously posted upon the pen or the structure containing the following: "Dangerous Dog - No Trespassing."
e. The enclosure shall be constructed to allow the dog to stand normally and without restriction and shall be not less than four times the length of the dog and two times the width of the dog.
f. The enclosure shall be locked at all times while the dog is inside the enclosure.
(10) SERIOUS PHYSICAL INJURY. An injury as defined in Section 13A-1-2, Code of Alabama 1975.
Section 3. (a) An animal control officer or law enforcement officer shall investigate any incidents involving any dog reported to be dangerous.
(b) If a dog, which is unowned and has been reported to be dangerous, attacks a person, a law enforcement officer or animal control officer shall impound the dog and the dog shall be quarantined and may be destroyed pursuant to Section 3-7A-9(b), Code of Alabama 1975.
(c) If there is probable cause to believe that an owned dog is dangerous and has caused physical injury, serious physical injury, or death to a person, a law enforcement officer or animal control officer shall impound the dog pending the disposition of a petition to declare the dog to be dangerous. The county or municipality may impound the dog at the county pound as described in Section 3-7A-7, Code of Alabama 1975, or may enter into an agreement with an animal shelter or licensed veterinarian to secure and impound dangerous dogs pursuant to this section. The owner of the dog shall be liable to the county or municipality for the costs and expenses incurred in impounding, feeding, and providing veterinary care or treatment for the dog.
(d) The county attorney, municipal attorney, or municipal prosecutor shall be authorized to file a petition in the district court or municipal court to declare the dog that caused physical injury, serious physical injury, or death to a person in the jurisdiction of the county or municipality to be dangerous. The owner of the dog shall be served with a copy of the petition.
(e) A dog that is the subject of a dangerous dog investigation may not be relocated and ownership may not be transferred pending the outcome of the investigation and hearing to determine whether to declare the dog to be dangerous.
(f) The court hearing shall be held as soon as practicable. At the hearing, the county attorney, municipal attorney, or municipal prosecutor shall present evidence that the dog is dangerous and whether the dog caused physical injury, serious physical injury, or death to a person.
(1) If the court determines that the dog is dangerous and has caused serious physical injury or death to a person, the court shall order the dog to be humanely euthanized by a licensed veterinarian or an authorized animal control official.
(2) If the court determines that the dog is dangerous, but has not caused serious physical injury or death to a person, the court shall issue orders authorized by this section.
(g) The pleading and practice in all cases to petition the court to declare a dog to be dangerous under this section shall be in accordance with the Alabama Rules of Civil Procedure and rules of the courts governing municipal courts in this state unless otherwise specified by this act. Any judicial determination in municipal or district court that a dog is dangerous may be appealed to the circuit court pursuant to the requirements of the Alabama Rules of Civil Procedure.
Section 4. (a) A dog may not be declared dangerous in any of the following circumstances:
(1) When an injury or damage was sustained by a person who at the time of the injury or damage was committing a willful trespass or other tort upon premises occupied by the owner or custodian of the dog with the intent to commit a crime or was committing a crime, or was teasing, tormenting, abusing, or assaulting the dog, or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the dog.
(2) When the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault.
(3) When the dog was responding to pain or injury or protecting itself, its kennel, or its offspring.
(4) When a person or domestic animal was disturbing the natural functions of the dog, such as sleeping or eating.
(b) Neither growling nor barking, or both, shall alone constitute grounds upon which to find a dog to be dangerous.
Section 5. (a) If a court determines that a dog is dangerous, but does not order that the dog be destroyed, the owner of the dog shall comply with the following requirements in addition to any other requirements imposed by the court:
(1) Within 30 days of the issuance of the order declaring the dog to be dangerous, the owner of the dog shall be required to annually register the dog with the animal control authority in the jurisdiction in which the dog is kept, or if there is no animal control authority in the jurisdiction where the dog is kept, with the county health department.
(2) All certificates of registration required to be obtained under this section shall only be issued to persons 18 years of age or older who certify or provide evidence of all 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 injecting an identification microchip using standard veterinary procedures and practices, and the name, address, and phone number of the veterinarian performing the identification procedure.
f. 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 dog is not the owner of the property where the dog is kept, the owner of the dog must obtain from the property owner written permission for the dangerous dog to be kept there.
h. A notarized affidavit from the owner of the dangerous dog stating that the dog will be under the control of a person 18 years or older when the dog is not in a proper enclosure or inside a building and that the dog will not be allowed outside of 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 dog or fails to provide a certification of dangerous dog registration to the court within 30 days of the issuance of the court's declaration that the dog is dangerous, the dog shall be humanely euthanized.
(c) The owner of the dangerous dog shall pay an annual fee to register the dog pursuant to this act. The amount of the dangerous dog registration fee shall be established by the municipality or county. The payment of the dangerous dog registration fee shall be in addition to any regular dog licensing fee required by any county or municipality.
(d) An animal control officer or law enforcement officer may make whatever inquiry is deemed necessary to ensure compliance with this act and any court order issued pursuant to this act. The animal control officer or law enforcement officer is authorized to enter the property and residence of the owner of the dangerous dog without a search warrant or court order to ensure compliance with this act.
(e) Prior to a dangerous 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 by a court and shall provide the animal control authority or county health department where the dog is registered, the name, address, and telephone number of the new owner. The new owner shall comply with all of the requirements of this act.
Section 6. (a) If a dog that has previously been declared by a court to be dangerous, when unprovoked, attacks and causes serious physical injury or death to a person, the owner of the dog shall be guilty of a Class B felony.
(b) If a dog that has not been declared by a court to be dangerous, when unprovoked, attacks and causes serious physical injury or death to a person, and the owner of the dog had prior knowledge of the dangerous propensities of the dog, yet demonstrated a reckless disregard of the propensities under the circumstances, the owner of the dog shall be guilty of a Class C felony.
(c) If a dog that has previously been declared by a court to be dangerous, when unprovoked, attacks and causes physical injury to a person, the owner of the dog shall be guilty of a Class A misdemeanor.
(d) If a dog that has not been declared by a court to be dangerous, when unprovoked, attacks and causes physical injury to a person, and the owner of the dog had prior knowledge of the dangerous propensities of the dog, yet demonstrated a reckless disregard of the propensities under the circumstances, the owner of the dog shall be guilty of a Class B misdemeanor.
(e) In addition to any fines imposed by the court, a person guilty of violating subsection (a), (b), (c), or (d) shall pay all expenses, including, but not limited to, shelter, food, veterinary expenses for boarding, and veterinary expenses necessitated by impoundment of the dog, medical expenses incurred by a victim from an attack by a dangerous dog, and other expenses required for the destruction of the dog.
(f) An owner of a dog declared to be dangerous by a court who does not contain the dog in a proper enclosure of a dangerous dog shall be guilty of a Class C misdemeanor.
(g) An owner of a dog declared to be dangerous by a court who has been adjudicated guilty of subsection (f) and who subsequently fails to contain a dangerous dog in a proper enclosure of a dangerous dog shall be guilty of a Class B misdemeanor.
(h) An owner of a dog that is the subject of a dangerous dog investigation who refuses to surrender the dog to an animal control officer or law enforcement officer upon the request of the animal control officer or the law enforcement officer shall be guilty of a Class C misdemeanor.
(i) Any person who knowingly makes a false report to a law enforcement officer or an animal control officer that a dog is dangerous is guilty of a Class C misdemeanor.
Section 7. Nothing in this act shall be construed to repeal other criminal laws. Whenever conduct prescribed by this act is also prescribed by any other provision of law, the provision which carries the more serious penalty shall be applied.
Section 8. (a) Nothing in this act shall be construed to restrict or negate the requirements of the rabies control law contained in Sections 3-7A-1 to 3-7A-15, inclusive, Code of Alabama 1975.
(b) Nothing in this act is designed to abrogate any civil remedies available under statutory or common law.
(c) Nothing in this act shall be construed to restrict the power of any county or municipality to adopt and enforce ordinances or regulations that comply with at least the minimum applicable standards set forth in this act.
Section 9. Nothing in this act shall be construed to require any county to employ or make available an animal control officer or other employee or agent to carry out any requirements of this act.
Section 10. The county and municipality and any of its employees or agents and the individual issuing the dangerous dog certificate of registration shall be immune, absent negligence, wantonness, recklessness, or deliberate misconduct, from any and all liability for any actions taken or for any failure to act pursuant to this act.
Section 11. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.
Section 12. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.