ARTICLE III: Vicious or Dangerous Animals

A law enforcement officer shall investigate any incidents involving any animal reported to be dangerous with assistance from the Animal Control Officer.

If an animal which is owned bites a person, the animal shall be quarantined for 10 days pursuant to Code of Alabama 1975, § 3-7A-9 et seq. If an animal which is unowned and has been reported to be dangerous bites a person, the animal shall be quarantined and destroyed pursuant to Code of Alabama 1975, § 3-7A-9 et seq. For purposes of this subsection, "bites" means the same as "has been exposed" as defined in Code of Alabama 1975, § 3-7A-1(5).

Upon the determination of a magistrate that there is probable cause to believe that an owned animal is dangerous and has caused serious physical injury or physical injury to a human being or has a documented history of causing physical injury to a human being, the Animal Control Officer or a law enforcement officer shall impound the animal pending a final disposition of a petition to declare the animal to be dangerous. The owner of the animal shall be liable for the costs and expenses incurred in impounding, feeding and providing veterinary care or treatment for the animal.

If a magistrate determines that there is probable cause to believe that an owned animal is dangerous and has caused, without provocation, serious physical injury or death to a domesticated animal, the Animal Control Officer or a law enforcement officer may impound the animal pending disposition of a petition to declare the animal to be dangerous. If impounded, the owner of the animal shall be liable for the costs and expenses incurred in impounding, feeding and providing veterinary care or treatment for the animal. If the animal is not impounded, all other provisions of this section shall still apply.

(e)

The City shall file a petition in Municipal Court to declare the animal dangerous. The owner of the animal shall be served with a copy of the petition.

(f)

An animal that is the subject of a dangerous animal investigation may not be relocated and ownership shall not be transferred pending the outcome of the investigation and hearing to determine whether to declare the animal to be dangerous.

(g)

The Court hearing shall be held within 30 days. At the hearing, the City shall present evidence that the animal is dangerous, including whether the animal caused physical injury or serious physical injury to a human being, whether the animal caused physical injury or serious physical injury to a domesticated animal, whether the animal was provoked or abused in any way, whether the animal has a history of aggressive behavior, and all other such conditions relating to the time, location, and nature of the attack, nature of the animal, and any such additional evidence as the Court may find relevant.

If the Court determines that the animal is dangerous and has caused serious physical injury or death to a human being, the Court shall order the animal humanely euthanized by a licensed veterinarian.

If the Court determines that the animal is dangerous but has not caused serious physical injury or death to a human being, the Court shall issue orders authorized in this article.

(h)

Any judicial determination in Municipal Court that an animal is dangerous may be appealed to Circuit Court within 14 days. The animal shall remain impounded pending the outcome of the appeal and a final disposition of the case.

§ 4-37 Exceptions.

[Ord. No. 2040-26, 6-2-2026]

An animal may not be declared dangerous in any of the following circumstances, if sufficient evidence is presented and proven during the court hearing:

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 the premises occupied by the owner of the animal with the intent to commit a crime or was committing a crime, or was teasing, tormenting, abusing, or assaulting the animal, or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the animal.

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

(3)

When the animal was responding to pain or injury or protecting itself, its kennel, or its offspring while it and the offspring were confined to the property of the owner.

(4)

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

§ 4-38 Animal declared dangerous but not ordered destroyed.

Growling, hissing, or barking alone shall not constitute grounds upon which to find an animal to be dangerous.

[Ord. No. 2040-26, 6-2-2026]

If a court determines that an animal is dangerous but does not order that the animal be destroyed because evidence was insufficient to determine that the animal caused serious physical injury to a human, the owner of the animal shall comply with the following requirements in addition to any other requirement imposed by order of the court:

Within 30 days of the issuance of the order declaring the animal to be dangerous, the owner of the animal shall be required to register the animal with the Albertville Police Department. All certificates of registration required to be obtained under this section shall only be issued to persons 19 years of age or older which represent evidence of the following:

Copy of a current certificate of rabies vaccination;

Copy of a current color photograph of the animal depicting the size, color and any other distinguishing markings;

Certification that the animal will be confined to a proper enclosure when the animal is outdoors and unattended;

Certification that the animal has been neutered, spayed, or otherwise sterilized unless medically not needed, as determined by a licensed veterinarian;

Certification that the animal has been permanently identified by tattooing or injecting of an identification microchip using standard veterinary procedures and practices, and the certification shall include the name, address, and phone number of the veterinarian performing the identification procedure;

Copy of a policy of insurance, such as homeowners, or a surety bond in the amount of not less than $100,000 covering the medical or veterinary costs, or both, resulting from any future dangerous action of the animal;

A notarized affidavit from the owner of the dangerous animal stating that the animal will be under the control of a person 19 years or older when the animal is not in a proper enclosure or inside a building and that the animal will not be allowed outside the property of its owner except in emergencies, for normal or necessary medical or health related treatment, or for exercise as allowed under § 4-39; and

Certification that the owner of the dangerous animal has completed a training class on the subject of caring for and controlling aggressive and dangerous animals as presented by the Animal Control Officer.

All registrations, certifications and requirements of this subsection shall be resubmitted to the Albertville Police Department annually for the life of the animal, or until the dangerous animal determination is removed by a court of competent jurisdiction.

If the owner fails to provide a proper enclosure for the dangerous animal within 14 days or fails to provide any of the requirements listed under Subsection (a) for dangerous animal registration to the court within 45 days of the issuance of the court's declaration that the animal is dangerous, the animal shall be humanely euthanized.

The owner of the dangerous animal shall pay an annual fee to register the animal pursuant to the provisions of this article. The amount of the dangerous animal registration fee shall be $100.

§ 4-39 Walking or exercising animal declared dangerous.

A law enforcement officer or the Animal Control Officer may make whatever inquiry, investigation, or on-site inspection deemed necessary to ensure compliance with this article and any court order issued pursuant to this article.

(e)

Prior to a dangerous animal being sold or given away, the owner shall advise the new prospective owner in writing that the animal has been declared to be dangerous by a court and shall provide the Albertville Police Department the name, address, and telephone number of the new owner. The new owner, if a resident of the City, shall comply with all the requirements of this article, including submitting of all filings required under Subsection (a), and any applicable court orders relating to the animal purchased.

[Ord. No. 2040-26, 6-2-2026]

No owner of an animal which has been declared to be dangerous shall allow the animal out of its proper enclosure without proper supervision and adequate restraint.

Proper enclosure for a dangerous animal shall be suitable to prevent the entry of the general public and that:

Is capable of being locked with a key, keypad, or combination lock when the animal is within the structure or when the structure is unattended;

Has secure sides, a secure top and a secure concrete, or other comparable material, bottom and is attached securely at all sides; all four sides of the fence or pen must be sunk at least one foot into the ground to prevent the animal from digging out;

(3)

Provides adequate ventilation and protection from the elements;

(4)

Exhibits a sign conspicuously posted upon the property and the pen or structure containing the following: "Dangerous Animal - No Trespassing"; and

(5)

Is constructed to allow the animal to stand normally and without restriction and shall not be less than 200 square feet.

When exercising the animal outside of its proper enclosure, the exercise area shall be enclosed by a fence sufficient to prevent the animal from escaping the enclosure by jumping over, going through, or going under the fence.

When walking the animal in any public or open area, the animal shall be securely leashed in a manner to afford the owner optimum control over the animal with a leash no longer than four feet in length and muzzled with a device sufficient to prevent the biting of persons or other animals.

§ 4-40 Petition to remove dangerous animal designation.

No person under the age of 19 shall exercise or walk an animal declared dangerous.

[Ord. No. 2040-26, 6-2-2026]

The owner of an animal which has been declared to be dangerous by a court may petition the Municipal Court to remove the dangerous animal designation 18 months after the judicial declaration was issued. A copy of the petition shall be filed with the Municipal Court and the City Attorney. The Court may remove the dangerous animal designation and eliminate any requirements of this article if the owner of the animal has not violated this article or any orders of the Court, and if the Court is satisfied from the evidence that the animal no longer presents a danger.

§ 4-41 Attack by animal declared dangerous; failure to contain animal in proper enclosure.

[Ord. No. 2040-26, 6-2-2026]

If an animal that has previously been declared by a court to be dangerous, when unprovoked, shall cause serious physical injury to or kill a human being, the owner of the animal shall be guilty of a misdemeanor and subject to a penalty as provided in § 1-8 of this Code.

If an animal that has not been declared by a court to be dangerous attacks and causes serious physical injury or death to any human being, and the owner of the animal had prior knowledge of the dangerous propensities of the animal yet demonstrated a reckless disregard of the propensities under the circumstances, the owner of the animal shall be guilty of a misdemeanor and subject to a penalty as provided in § 1-8 of this Code. The minimum fine shall be $250.

In addition to any fines imposed by the court, a person guilty of violating Subsections (a) and (b) of this section shall pay all expenses, including, but not limited to, shelter, food, veterinary expenses for boarding and veterinary expenses necessitated by impoundment of the animal, medical expenses, as approved by the court, incurred by a victim from an attack by a dangerous animal and other expenses required for the destruction of the animal.