Legal Notice
ORDINANCE
NO. 2025-03
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HALEYVILLE, ALABAMA AS FOLLOWS:
WHEREAS, the Council of the City of Haleyville wishes to repeal the current provisions relating to animal control and adopt new requirements regulating animal control in the City of Haleyville, and
WHEREAS, animals can and sometimes do create a public nuisance, and
WHEREAS, such conditions are a menace to the safety and well-being of the citizens of Haleyville, Alabama, and
WHEREAS, such conditions are contrary to Alabama State Law,
WHEREAS, such conditions are pursuant to the authority granted to municipalities under Ala. Code §11-45-1, and incorporates by reference the Alabama Dangerous Dog Procedure Act (Emily’s Law, Act 2018-182, codified at Ala. Code §3-6A-1 et seq.).
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF HALEYVILLE, ALABAMA:
SECTION I. That Ordinance #2025-03 of the City of Haleyville and any ordinance or any portion thereof heretofore adopted by the City Council of the City of Haleyville, Alabama, which is in conflict with this ordinance, is hereby repealed to the extent of such conflict.
SECTION II. That the following provisions shall, from the effective date of this ordinance be the law regulating animal control in the City of Haleyville.
Article I
SECTION 1
DEFINITIONS
For the purposes of this Ordinance, the following words and phrases shall have the meanings ascribed to them by this section:
1.1 City: City of
Haleyville
1.2 Animal Control
Officer (ACO): The
officer designated by the Chief of Police to enforce this ordinance.
1.3 Dangerous
Dog: As defined in Emily’s Law.
1.4 Problem
Animal: Any dog or other animal with repeated violations, complaints, or nuisance behavior as defined in this ordinance.
1.5 Public
Nuisance Animal:
Any animal that habitually disturbs neighbors through excessive barking, howling, whining, or other noise; creates unsanitary conditions; or otherwise interferes with the reasonable enjoyment of property by others.
1.5 At Large: An animal off the owner’s premises and not under control by leash or confinement.
Article II
SECTION 1
GENERAL
PROVISIONS
1.1 It shall be unlawful for any owner to allow an animal to run at large within the City limits.
1.2 No person shall keep an animal that constitutes a public nuisance or problem animal.
1.3 The City may take action when an animal:
(a) Is the subject of repeated complaints (two or more within a 12-month period)
(b) Causes ongoing disturbances, including continuous or habitual barking.
(c) Has been found running at large on more than one occasion.
(d) Has been involved in aggressive incidents that endanger people or pets.
Article III
SECTION 1
NUISANCE
ISSUES AND
PENALTIES
1.1 Repeated
Barking: An animal that repeatedly barks, howls, or makes noise for extended periods so as to disturb neighbors may be declared a nuisance.
1.2 First Complaint: Verified by the ACO; owner receives a written warning on file with the Police Department.
1.3 Second
Complaint:
Owner will be issued a citation and required to appear in City Court.
1.4 Third
Complaint:
May result in a $150 fine and potential impoundment if unresolved.
1.5 Other
Nuisances:
Animals creating unsanitary conditions, damaging property, or trespassing may also be declared a nuisance.
Article VI
SECTION 1
DANGEROUS
DOGS
1.1 Dangerous dog investigations and proceedings shall follow Emily’s Law.
1.2 Upon sworn complaint or investigation, the ACO or law enforcement officer shall petition the court as provided by Ala. Code §3-6A-3.
1.3 No dog may be declared dangerous or destroyed except by lawful court order, unless exigent circumstances create an immediate threat to human life.
1.4 Owners of dogs declared dangerous must comply with all conditions of Emily’s Law, including microchip, secure enclosure, $100 annual registration, and $100,000 bond.
Article V
SECTION 1
IMPOUNDMENT &
REDEMPTION
1.1 Problem, nuisance, or dangerous animals may be impounded at a facility approved by the Chief of Police.
1.2 Owners may reclaim an impounded animal upon proof of rabies vaccination, payment of all fees, and compliance with licensing requirements.
1.3 Fees shall be set by resolution of the City Council.
SECTION 2
BITING &
QUARANTINE
(a) All animal bites breaking the skin must be reported immediately to the Haleyville Police Department and the County Rabies Officer.
(b) Any such animal shall be quarantined for a minimum of ten (10) days at a licensed veterinarian or approved facility, regardless of vaccination status, unless state law permits at-home quarantine with proof of current rabies vaccination.
(c) The ACO or responding officer shall ensure the quarantine order is followed, and all costs shall be the responsibility of the owner.
(d) If the animal cannot be located or captured, the ACO shall document the incident with a full description, witness information, and efforts made to locate the animal.
(e) Severe or repeated bite cases may result in the animal being declared dangerous under Emily’s Law, with court proceedings to follow.
ARTICLE VI
SECTION 1
ANIMAL WELFARE CONCERNS
1.1 No owner shall subject an animal to cruelty, neglect, or abandonment. This includes failure to provide adequate food, water, shelter, and necessary veterinary care.
1.2 Minor neglect violations may, at the discretion of the ACO, result in a correction order and a fine of up to $100.
1.3 Animals shall not be tethered in a manner that endangers their health or safety, including prolonged chaining without access to water, shade, or exercise.
1.4 The ACO may investigate animal welfare complaints, issue warnings or citations, and, when necessary, impound animals to protect their well-being.
1.5 Verified cases of cruelty or severe neglect shall be reported to appropriate state agencies for prosecution under Alabama law.
ARTICLE VII
SECTION 1
HUMANE
DESTRUCTION
1.1 An animal may be humanely euthanized only if:
a. It is irremediably suffering from illness or injury; or
b. It poses an immediate, exigent danger to human life and cannot be captured safely.
1.2 Preferred method of euthanasia shall be by chemical means administered by a veterinarian.
ARTICLE VIII
SECTION 1
SAMPLE
CITATION
LANGUAGE
For consistency, officers and the ACO may use the following sample language when issuing citations under this ordinance: - Running at Large (2nd+ offense):
“On [date], following a prior warning, you did unlawfully permit an animal to run at large within the City of Haleyville, in violation of Section 3 of the City Animal Control Ordinance.” - Nuisance Barking
(2nd complaint):
“On [date], following a prior written warning, your animal was found to be habitually barking/causing a nuisance, in violation of Section 4 of the City Animal Control Ordinance. You are hereby ordered to appear in City Court.” - Dangerous Dog
(Failure to Comply): “On [date], you did unlawfully fail to comply with conditions imposed under Emily’s Law for a dog declared dangerous, in violation of Section 5 of the City Animal Control Ordinance.” - Animal Welfare/Neglect: “On [date], you did unlawfully fail to provide adequate food, water, shelter, or veterinary care for an animal in your custody, in violation of Section 7 of the City Animal Control Ordinance.” - Improper Tethering: “On [date], you did unlawfully tether an animal in a manner that endangered its health or safety, in violation of Section 7 of the City Animal Control Ordinance.”
ARTICLE IX
SECTION 1
FINES & FEES
(a) Running at Large - First offense:
Written warning
- Second offense:
$100 fine
- Third and subsequent: $250 fine + possible impoundment
(b) Nuisance
Barking
- First complaint:
Written warning
- Second complaint:
$75 fine + court appearance
- Third complaint:
$150 fine + possible impoundment
(c) Public
Nuisance
- First offense: $100 fine
-Second offense:
$200 fine
- Third offense:
$300 fine + court-ordered corrective action
(d) Dangerous
Dogs
(compliance
failures) - First offense: $250 fine + correction - Second offense: $500 fine + possible impound
(e) Animal Welfare
/Neglect
- Minor neglect: ACO discretion up to $100 fine + correction order - Repeat neglect: $250 fine + possible impoundment - Severe cruelty: impoundment + referral for state charges
(f) Improper
Tethering
- First offense:
$50 fine + education notice - Second offense:
$100 fine - Third offense:
$200 fine + possible impoundment
(g) Impound/
Boarding Fees
- Pickup: $25
per incident
- Boarding:
$10 per day - Quarantine: $15 per day + vet costs
ARTICLE X
SECTION 1
RECORDS &
REPORTING
(a) The ACO shall maintain records of complaints, warnings, citations, impounds, and quarantines. (b) An annual report shall be submitted to the City Council for transparency and review.
ARTICLE XI
SECTION 1
SEVERABILITY
If any provision of this ordinance is declared invalid, the remainder shall continue in full effect.
Article XII
SECTION 1
EFFECTIVE
DATE
This ordinance shall take effect immediately upon adoption and publication as required by law.
Adopted and approved this 3rd day of November 2025,
Approved:
Ray Boshell
Mayor
Attest:
Christy Harbin
Acting City Clerk
ORD_2025-03
Nov 12, 19
1460