County Commission | The Magazine October 2018 | Page 41

FROM THE COVER

z Copies of the investigative findings must be maintained in the animal control office or the sheriff’s office.
z If the investigation leads the animal control officer (or law enforcement officer) to believe that the allegations are true,

then the following must occur:
3 The animal control officer or law enforcement officer must file a summons for the dog’s owner, if known, with the district court.
3 The dog must be impounded at the county pound.
3 The animal control officer (or law enforcement officer) must send a copy of the investigation report to the county attorney.
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Recovering Costs:
3 The law provides avenues for counties to make alternative arrangements for the impounding of the dog and to recoup the costs.
3 The law permits the county to enter into a formal agreement with an animal shelter or licensed veterinarian to impound the dog.
3 The owner of the dog must be given an opportunity to choose a veterinarian at which to impound the dog in lieu of the county
pound or animal shelter. Either way, the dog owner is liable to the county under the law for the costs and expenses associated
with impounding, feeding, and caring for the dog.
Ì Step 3: Hearing

u Role of County Attorney

3 Emily’s Law authorizes the county attorney to file a petition in the district court to declare a dog to be dangerous if the dog caused
physical injury, serious physical injury, or death.
3 If the owner of the dog is known, then he or she must be served with a copy of the petition.
3 All petitions by the county attorney to the district court must be in accordance with the Alabama Rules of Civil Procedure.
Judicial determinations by the court may be appealed to the circuit court, with the order of the circuit court being final.
3 At the court hearing, the county attorney must present evidence that the dog is dangerous. The court must find, by “reasonable
satisfaction” that the dog bit, attacked, or caused physical injury, serious physical injury or death to a person without justification
in order to declare the dog to be dangerous.
3 “Reasonable satisfaction” is the normal standard in Alabama tort cases. This standard addresses the burden of persuasion and is
interchangeable with preponderance of the evidence.
3 If a dog was on property owned by its owner when the event at issue occurred or if the victim was trespassing on any property when
the event occurred, then the dog is not to be presumed a dangerous dog pursuant to this act.
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