Investigations; impounding; judicial determination.

(a) An animal control officer or law enforcement officer of Mobile County shall investigate any incidents involving any dog reported to be dangerous or a nuisance in the unincorporated areas of Mobile County.

(b) If a dog, which is unowned and has been reported to be dangerous, bites a person, the dog may be quarantined and destroyed pursuant to subsection of Section 3-7A-9. For purposes of this subsection, bites means the same as has been exposed as defined in subdivision (5) of Section 3-7A-1.

(c) If there is probable cause to believe that an owned dog is dangerous or a nuisance and has caused serious physical injury or has caused damage to real or personal property, the law enforcement officer or animal control officer shall impound the dog pending disposition of a petition to declare a dog to be dangerous or a nuisance. The county may impound the dog at the county pound as described in Section 3-7A-7, or may enter into an agreement with an animal shelter or licensed veterinarian to secure and impound dangerous or nuisance dogs pursuant to this section. The owner of the dog shall be liable to the county for the costs and expenses incurred in impounding, feeding, and providing veterinary care or treatment for the dog.

(d) The district attorney shall be authorized to file a petition in the district court to declare the dog dangerous or a nuisance. The owner of the dog shall be served with a copy of the petition.

(e) A dog that is the subject of a dangerous or nuisance dog investigation may not be relocated and ownership shall not be transferred pending the outcome of the investigation and hearing to determine whether to declare the dog to be dangerous or a nuisance.

(f) The court hearing shall be held as soon as practicable. At the hearing, the district attorney shall present evidence that the dog is a dangerous dog or a nuisance dog as defined by this subpart.

(1) If the court determines that the dog is dangerous or a nuisance and has caused serious physical injury or death to a human being, the court shall order the dog to be humanely euthanized by a licensed veterinarian or an authorized animal control official.

(2) If the court determines that the dog is dangerous or a nuisance, but has not caused serious physical injury or death to a human being, the court shall issue orders authorized by this subpart.

(g) The pleading and practice in all cases to petition the court to declare a dog to be dangerous or a nuisance under this subpart shall be in accordance with the Alabama Rules of Civil Procedure. Any judicial determination of a district court that a dog is dangerous or a nuisance may be appealed to the circuit court pursuant to the requirements of the Alabama Rules of Civil Procedure.

(Act 2012-235, p. 437, § 3.)