Ala. Admin. Code r. 420-4-2-.05
Current through Register Vol. 43, No. 1, October 31, 2024
Section 420-4-2-.05 - Issuance Of CitationsThe rabies officer or deputy rabies officer shall issue, and the rabies inspectors may deliver citations for violation of the rabies control law and shall pursue same to resolution. Neither the rabies officer nor his deputies nor rabies inspectors nor employees or contractors of same have the authority to waive or cancel a properly issued citation except for proof shown that no violation has taken place. Under no circumstances shall more than two (2) penalties be levied against an individual for the same violation within a twelve (12) month period.
(a) Citations shall be issued based upon observed circumstances which lead to a conclusion that there is a violation of the law. Such circumstances shall be deemed to exist as follows, among other circumstances. 1. Rabies officer, deputy rabies officer or rabies inspector observes a dog or cat of appropriate age on or within the property of the supposed owner.2. Where the dog or cat is behaving in a manner giving indication that the said dog or cat resides or is fed at the property.3. Such dog or cat is not wearing a properly shaped and color-coded tag giving evidence of appropriate vaccination or properly issued rabies tag.4. Where the supposed owner has failed to present evidence of possession of a certificate of vaccination or properly issued rabies tag.(b) Evidence of satisfactory vaccination for rabies may be demonstrated by any of the following methods: 1. Immediate presentation of a valid certificate of rabies vaccination or properly issued rabies tag.2. Presentation or posting in a conspicuous place a certificate or tag.3. Presenting evidence of a certificate as described below: (i) Citation shall be upon forms approved by the State Health Officer and shall state the nature of the violation in a manner which will give adequate notice to the violator of the statute violated and the specifics of the violation. The owner or occupier of the property is presumed to be the "person" as defined by the law who is the "owner" of the dog or cat in question. The citation shall provide adequate time for the violator to present the offending animal for vaccination in accordance with the law, paying the penalty plus fees. Citations shall be serially numbered.(c) Citations shall first be served upon the "owner" in person or through an agent. Where the owner or agent is found on the property, reasonable time shall be given by the inspector to allow such a person to find and present to the inspector evidence of vaccination for the dog or cat in question. Upon request or agreement of the person, inspectors must make arrangements to return to the property within a reasonable time, not less than three (3) hours later, to verify compliance or leave a notice of program compliance.(d) Persons receiving a citation shall be given the opportunity to present such evidence of vaccination to the rabies officer within a reasonable time.(e) Owners whose animals were vaccinated in the same month during the previous year shall be granted a seven (7) day grace period to accomplish compliance for the current year without penalty.(f) Citations may be based upon the administration of contraband rabies vaccine or the possession and utilization of certificates or rabies tags by persons, agencies or concerns not licensed as veterinarians.(g) Citations shall be serially numbered and contain at a minimum: 1. A notice of the right to judicial appeal.2. The names, addresses and telephone numbers of all facilities in the county where appropriate fines may be paid.3. Citation shall specify a compliance deadline.(h) Citations which are not responded to by compliance deadlines shall be followed up with appropriate enforcement activities in accordance with standard criminal procedures. Authors: Wallace E. Birch, D.V.M.; John R. Wible.
Ala. Admin. Code r. 420-4-2-.05
Statutory Authority:Code of Ala. 1975, § § 3-7A-15, 22-2-2(6).