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25-4-10
situations); (v) In a position which, under or pursuant to the laws of this state or of an
Indian tribe, is designated as a major nontenured policymaking or advisory position or a policymaking
or advisory position the performance of the duties of which ordinarily does not require more
than 8 hours per week; or d. In a facility conducted for the purpose of carrying out a program
of rehabilitation for individuals whose earning capacity is impaired by age or physical or
mental deficiency or injury or providing remunerative work for individuals who because
of their impaired physical or mental capacity cannot be readily absorbed in the competitive
labor market by an individual receiving such rehabilitation or remunerative work; provided
however, if an individual's employment is otherwise characterized as employment under subsection
(a) and the individual is performing work under the Javits Wagner O'Day Act or a similar set-aside
program under the laws of the United States, the...
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45-49-170.26
Section 45-49-170.26 Violations. (a) An owner of a dangerous dog who violates this subpart
shall be guilty of a misdemeanor punishable by a fine of not more than three hundred dollars
($300) for the first offense and not more than six hundred dollars ($600) for each subsequent
offense. (b) If a dog that has previously been declared dangerous, when unprovoked, attacks,
assaults, wounds, or causes severe physical injury, or kills a human being, the owner
or keeper of the dog shall be guilty of a Class C felony punishable by a fine of not more
than five thousand dollars ($5,000) or imprisonment of not more than two years, or both. The
dog control authority may confiscate and, after the expiration of 10 working days after the
owner has been notified, destroy the dangerous dog. The 10-day time period shall allow the
owner to request a due process hearing. The owner shall be responsible for payment of all
boarding costs and other fees as may be required to humanely and safely keep the dog...
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13A-11-260
a. Taunting, teasing, tormenting, mistreating, spitting, shouting, inappropriate gesturing
or noises, or approaching in a menacing fashion. b. Poking, prodding, striking, or kicking.
c. Spraying, throwing, pushing, or otherwise projecting an item or substance, including a
flash of light or laser, in a manner likely to cause harm or distraction from duties. d. Placing
food, drugs, chemicals, poison, or other items in the path, area of operation, or containment.
(4) PHYSICAL HARM. Any injury, illness, or other impairment, regardless of its gravity
or duration. (5) POLICE ANIMAL. An animal, generally a dog or horse, which is not a human,
with specialized training or in the process of specialized training, which is used by, and
under the control of a peace officer, Class One Railroad Officer or special agent, or firefighter,
in the performance of his or her duties. (6) SEARCH AND RESCUE ANIMAL. Any animal with specialized
training or in the process of specialized training, which...
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13A-1-2
Section 13A-1-2 Definitions. Unless different meanings are expressly specified in subsequent
provisions of this title, the following terms shall have the following meanings: (1) BOOBY
TRAP. Any concealed or camouflaged device designed to cause bodily injury when triggered
by any action of a person making contact with the device. This term includes guns, ammunition,
or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes,
nails, spikes, electrical devices, lines or wires with hooks attached, and devices for the
production of toxic fumes or gases. (2) BURDEN OF INJECTING THE ISSUE. The term means that
the defendant must offer some competent evidence relating to all matters subject to the burden,
except that the defendant may rely upon evidence presented by the prosecution in meeting the
burden. (3) CLANDESTINE LABORATORY OPERATION. Any of the following: a. Purchase or procurement
of chemicals, supplies, equipment, or laboratory location for the...
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12-15-102
law. This term shall not apply to any of the following: a. An offense when committed by a child
16 or 17 years of age as follows: 1. A nonfelony traffic offense or water safety offense other
than one charged pursuant to Section 32-5A-191 or 32-5A-191.3 or a municipal ordinance prohibiting
the same conduct. 2. A capital offense. 3. A Class A felony. 4. A felony which has as an element
the use of a deadly weapon. 5. A felony which has as an element the causing of death or serious
physical injury. 6. A felony which has as an element the use of a dangerous instrument
against any person who is one of the following: (i) A law enforcement officer or official.
(ii) A correctional officer or official. (iii) A parole or probation officer or official.
(iv) A juvenile court probation officer or official. (v) A district attorney or other prosecuting
officer or official. (vi) A judge or judicial official. (vii) A court officer or official.
(viii) A person who is a grand juror, juror, or witness...
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16-44B-1
Commission may deem appropriate. The executive director shall serve as secretary to the Interstate
Commission, but shall not be a Member of the Interstate Commission. The executive director
shall hire and supervise such other persons as may be authorized by the Interstate Commission.
D. The Interstate Commission's executive director and its employees shall be immune from suit
and liability, either personally or in their official capacity, for a claim for damage to
or loss of property or personal injury or other civil liability caused or arising
out of or relating to an actual or alleged act, error, or omission that occurred, or that
such person had a reasonable basis for believing occurred, within the scope of Interstate
Commission employment, duties, or responsibilities; provided, that such person shall not be
protected from suit or liability for damage, loss, injury, or liability caused by the
intentional or willful and wanton misconduct of such person. 1. The liability of...
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13A-6-21
Section 13A-6-21 Assault in the second degree. (a) A person commits the crime of assault in
the second degree if the person does any of the following: (1) With intent to cause serious
physical injury to another person, he or she causes serious physical injury
to any person. (2) With intent to cause physical injury to another person, he or she
causes physical injury to any person by means of a deadly weapon or a dangerous instrument.
(3) He or she recklessly causes serious physical injury to another person by means
of a deadly weapon or a dangerous instrument. (4) With intent to prevent a peace officer,
as defined in Section 36-21-60, a detention or correctional officer at any municipal or county
jail or state penitentiary, emergency medical personnel, a utility worker, or a firefighter
from performing a lawful duty, he or she intends to cause physical injury and he or
she causes physical injury to any person. For the purpose of this subdivision, a person
who is a peace officer who is...
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13A-11-246
Section 13A-11-246 Applicability. This article shall not apply to any of the following persons
or institutions: (1) Academic and research enterprises that use dogs or cats for medical or
pharmaceutical research or testing. (2) Any owner of a dog or cat who euthanizes the dog or
cat for humane purposes. (3) Any person who kills a dog or cat found outside of the owned
or rented property of the owner or custodian of the dog or cat when the dog or cat threatens
immediate physical injury or is causing physical injury to any person, animal,
bird, or silvicultural or agricultural industry. (4) A person who shoots a dog or cat with
a BB gun not capable of inflicting serious injury when the dog or cat is defecating
or urinating on the person's property. (5) A person who uses a training device, anti-bark
collar, or an invisible fence on his or her own dog or cat or with permission of the owner.
(Act 2000-615, p. 1252, ยง7.)...
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45-49-170.23
Section 45-49-170.23 Grounds insufficient to declare dog dangerous or a nuisance. (a) A dog
may not be declared dangerous or a nuisance in any of the following circumstances: (1) When
an injury or damage was sustained by a person who, at the time of injury or
damage, was committing a willful trespass or other tort upon premises occupied by the owner
or custodian of the dog with the intent to commit a crime or was committing a crime, or was
teasing, tormenting, abusing, or assaulting the dog, or who can be shown to have repeatedly,
in the past, provoked, tormented, abused, or assaulted the dog. (2) When the dog was protecting
or defending a person within the immediate vicinity of the dog from an unjustified attack
or assault. (3) When the dog was responding to pain or injury or protecting itself,
its kennel, or its offspring. (4) When a person or domestic animal was disturbing the natural
functions of the dog such as sleeping or eating. (b) Neither growling nor barking, or both,
shall...
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13A-11-245
Section 13A-11-245 Disposition of animal. (a) The law enforcement officer or agent of the county
or municipality may provide for the dog or cat until either the dog or cat is returned to
the owner by the court, or the court refuses to return the dog or cat to the owner and implements
one of the procedures pursuant to subsection (c). (b) If the owner is adjudged by the court,
with certification from a licensed veterinarian, to be able to provide adequately for and
have custody of the dog or cat, the dog or cat shall be returned to the owner. (c) If the
court determines that the owner of the dog or cat is unable, unwilling, or unfit to adequately
provide for, protect, and have custody of the dog or cat, the court may implement the following
by court order: (1) Upon the testimony of the person taking custody, a licensed veterinarian,
or another qualified witness that the dog or cat requires destruction or other disposition
for humane reasons or is of no commercial value, order the dog or...
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