County Commission | The Magazine October 2018 | Page 40

FROM THE COVER
WHAT COUNTIES NEED TO KNOW
Emily’s Law | Dangerous Dogs
– Emily’s Law (Act 2018-182) establishes a uniform procedure by which to declare a dog to be dangerous.
P OVERVIEW
It was effective June 1, 2018.

y The law DOES:
3 Create a three-step process that starts with the filing of a sworn statement, followed by an investigation and court hearing.
3 Impose specific responsibilities on animal control officers, county attorneys, and local law enforcement.
3 Place strict requirements on the owner of any dog ultimately determined to be “dangerous”.
3 Only apply to the county when such incidents occur in its unincorporated areas
This
law DOES NOT restrict a county’s power to adopt and enforce regulations that comply with the minimum standards set forth
Y
in this law.

d DEFINITIONS
The law defines “dangerous” dog as: A dog, regardless of its breed, that has bitten, attacked, or caused physical injury, serious

z
physical injury, or death to a person without justification, except a dog that is a police animal as defined by Ala. Code § 13A-11-260,
used by law enforcement officials for legitimate law enforcement purposes.
z Physical Injury vs. Serious Physical Injury
• Physical Injury: Impairment of physical condition or substantial pain. Ala. Code § 13A-1-2(12)
• Serious Physical Injury: Physical injury which creates a substantial risk of death, or which causes serious and protracted disfigurement,
protracted impairment of health, or protracted loss or impairment of the function of any bodily organ. Ala. Code § 13A-1-2(14)

THREE-STEP PROCESS
q

Ê Step 1: Sworn Statement

Emily’s Law is triggered when a person makes a formal claim that a dog is “dangerous.” To make such a claim, a person must give a sworn
statement before the county’s sheriff and provide the following information:
• The dog owner’s name (if known)
• The location of the dog
• The reason he/she believes the dog to be dangerous
Ë Step 2: Investigation
z Upon receiving the sworn statement, the sheriff must deliver the statement to the animal control officer.
3 The law requires the animal control officer to investigate the situation.
3 However, if the sworn statement includes claims that a dog has caused serious physical injury or death to a person,
then the investigation must instead be carried out by a law enforcement officer.
3 While Ala. Code §3-1-16 authorizes the county commission to employ an animal control officer,
Alabama law does not require counties to employ animal control officers.
3 If a county does not employ an animal control officer, then all duties mandated under Emily’s Law
must be carried out by local law enforcement. In this instance counties will not play an active role in the process.
z In the absence of a sworn statement, the animal control officer may initiate a dangerous dog investigation when a complaint is raised
AND a person has been bitten, received physical injury or serious physical injury or has died as a result of a dog’s actions.
z The law prohibits a dog that is the subject of an investigation from being relocated and/or having its ownership transferred pending the
outcome of the investigation or any future hearings. The owner of the dog may consent to have a dog humanely euthanized in lieu
of an investigation.
z If the investigation leads the animal control officer to believe the allegations are unfounded, then the animal control officer must submit
the results of the investigation to his or her supervisor and inform the complainant of these findings. If the investigation does not support
allegations of a dog biting, attacking, or causing physical injury or death to a person, then it will not meet the test for the dog to be
classified as dangerous.

40 | OCTOBER 2018