HomeMy WebLinkAboutO-1396ORDINANCE NO. 1396
AN ORDINANCE TO PROVIDE FOR THE PROTECTION
OF ANIMALS IN UNATTENDED VEHICLES
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, AS FOLLOWS:
SECTION I.
No person shall leave or confine an animal in any unattended motor vehicle under conditions
that endanger the health or well-being of an animal due to heat, cold, lack of adequate
ventilation, or lack of food or water, or other circumstances that could reasonably be expected
to cause suffering, disability, or death to the animal.
SECTION 11.
Unless the animal suffers great bodily injury, a first conviction for violation of this
section is punishable by a fine not exceeding one hundred dollars ($100.00) per animal.
If the animal suffers great bodily injury, a violation of this section is punishable by a
fine not exceeding one thousand dollars, imprisonment in a city jail not exceeding one
year, or by both a fine and imprisonment. Any subsequent violation of this section,
regardless of injury to the animal, is also punishable by a fine not exceeding five
hundred dollars ($500.00), imprisonment in a city jail not exceeding one year, or by
both a fine and imprisonment.
SECTION III.
(1) Nothing in this section shall prevent a peace officer, humane officer, or an animal control
officer from removing an animal from a motor vehicle if the animal's safety appears to be in
immediate danger from heat, cold, lack of adequate ventilation, lack of food or water, or other
circumstances that could reasonably be expected to cause suffering, disability, or death to the
animal.
(2) A peace officer, humane officer, or animal control officer who removes an animal from a
motor vehicle shall take it to an animal shelter or other place of safekeeping or, if the officer
deems necessary, to a veterinary hospital for treatment.
(3) A peace officer, humane officer, or animal control officer is authorized to take all steps that
are reasonably necessary for the removal of an animal from a motor vehicle, including but not
limited to, breaking into the motor vehicle, after a reasonable effort to locate the owner or other
person responsible.
(4) A peace officer, humane officer, or animal control officer who removes an animal from a
motor vehicle shall, in a secure and conspicuous location on or within the motor vehicle, leave
written notice bearing his or her name and office, be claimed by the owner only after payment
of all charges that have accrued from the maintenance, care, medical treatment, or impoundment
of the animal.
(5) The municipality nor any employee or agent of the municipality, acting in good faith, shall
be liable for any actions taken under this section. As provided in The Code of Alabama 1975,
Section 13A-11-243: Powers if agents, officers; liability.
Ordinance No. 1396
Page 2
SECTION IV.
Nothing in this section shall be deemed to prohibit the transportation of horses, cattle, pigs,
sheep, poultry or other agricultural animals in motor vehicles designed to transport such animals
for agricultural purposes.
SECTION V.
The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if
any phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by a court of competent jurisdiction, then such ruling shall not affect any other
paragraphs and sections, since the same would have been enacted by the municipality council
without the incorporation of any such unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION VI.
This ordinance shall take effect upon its due adoption and publication as required by law.
APPROVED AND ADOPTED by the Council this 27th day of July, 2009
ATTEST:
isa Hanks,VityyClerk