Code of Alabama - Title 45: Local Laws - Section 45-11-172.06 - THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2019 REGULAR SESSION, EFFECTIVE MARCH 15, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT

Section 45-11-172.06 - THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2019 REGULAR SESSION, EFFECTIVE MARCH 15, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.

(a) An owner of a dangerous dog who violates this part shall be guilty of a misdemeanor punishable by a fine of not more than three hundred dollars ($300) for the first offense and not more than six hundred dollars ($600) for each subsequent offense. Additionally, for each offense, the owner of a dangerous dog who violates this part shall pay an administrative fine of one hundred fifty dollars ($150) to be collected by the Chilton County Circuit Clerk. The fine shall be forwarded by the circuit clerk to the Chilton County Commission to be deposited into the General Fund of Chilton County to be used as a first priority to carry out the purposes of this part.

(b) If a dog that has previously been declared dangerous, when unprovoked, attacks, assaults, wounds, or causes severe physical injury, or kills a human being, the owner or keeper of the dog shall be guilty of a Class C felony punishable by a fine of not more than five thousand dollars ($5,000) or imprisonment of not more than two years, or both. The dog control authority may confiscate and, after the expiration of 10 working days after the owner has been notified, destroy the dangerous dog. The 10-day time period shall allow the owner to request a due process hearing. The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the dog during any appeal procedure. Additionally, for each offense, the owner of a dangerous dog who violates this part shall pay an administrative fine of one hundred fifty dollars ($150) to be collected by the Chilton County Circuit Clerk. The fine shall be forwarded by the circuit clerk to the Chilton County Commission to be deposited into the General Fund of Chilton County to be used as a first priority to carry out the purposes of this part.

(c) If a dog that has not been declared dangerous attacks and causes severe injury to or death of any human, 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 misdemeanor punishable by a fine of not more than three hundred dollars ($300) for the first offense and, for a second or subsequent offense, punishable by a fine of not more than six hundred dollars ($600). In addition, the dog shall be immediately confiscated by an animal control authority, held for 10 business days after the owner is given written notification, and thereafter destroyed in an expeditious and humane manner. This 10-day period shall allow the owner to request a due process hearing. The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the dog during any appeal procedure. Additionally, for each offense, the owner of a dangerous dog who violates this part shall pay an administrative fine of one hundred fifty dollars ($150) to be collected by the Chilton County Circuit Clerk. The fine shall be forwarded by the circuit clerk to the Chilton County Commission to be deposited into the General Fund of Chilton County to be used as a first priority to carry out the purposes of this part.

(d) This section shall not be construed to repeal other criminal laws. Whenever conduct prescribed by any provision of this part is also prescribed by any other provision of law, the provision which carries the more serious penalty shall be applied.

(Act 2018-236, §7.)

Last modified: May 3, 2021