A state Senate bill passed earlier this year concerning dangerous dogs takes effect this month and places more responsibility on owners to ensure their pets don’t pose risks to neighbors.

Senate Bill 232 was passed in the last legislative session after a young woman from Jackson County, Emily Colvin, was attacked and killed by dogs outside her home in December. The bill applies heavy penalties to owners of dogs who kill or maim under certain circumstances. The measure, known as Emily’s Law, also establishes a process for a resident to file a sworn statement that a dog is dangerous and for a court to determine whether a dog is euthanized or returned to its owner under restrictions.

While the new law provides more leverage for law enforcement in dealing with vicious dogs, the City of Cullman adopted a similar ordinance 10 years ago.

“We’re a little above the curve. The mayor and city council had the vision several years ago to amend the ordinance and it addresses vicious dogs. But anytime the state passes a good bill, it helps us do our job said Cullman Police Officer Rodney Bannister, who is one of two officers who dedicate some of their time to animal control.

The state law states a that a dangerous dog, regardless of its breed, is defined as one:

— that has bitten, attacked, or caused physical injury, serious physical injury, or death to a person without justification, — except a dog that is a police animal as defined by Section 21 13A-11-260, Code of Alabama 1975, used by law enforcement officials for legitimate law enforcement purposes.

The law also requires that if a dog is not euthanized the owner must provide a secure enclosure for the dog with proper ventilation and that ensures it poses no harm to the public. The owner may also be required to pay an annual fee to the keep the dog after it is deemed vicious.

Cullman has a similar definition of vicious dogs. A dog involved in an attack can be impounded and the owner required to appear in court for a hearing about the status and future of the dog.

The city has a leash law, which Bannister said is actually a statewide rule but difficult to enforce outside municipalities.

“In a smaller area such as the city we have an opportunity to patrol and notice more,” Bannister said. “In the counties it’s just such a large area to cover.”

Under the new state rule, a dog that is not euthanized after an attack and is allowed to remain with the owner can become expensive. The owner can be required to obtain a $100,000 surety bond. That owner can also be fined and found guilty of different levels of felonies.

The law, however, does not specify any particular breed as dangerous. Like the city’s law, all breeds or hybrids of canines can be included depending on the circumstances of an attack or bite.

“Not every dog that bites is vicious,” Bannister said. “You have to look at circumstances. A dog can become aggressive when it’s scared, has been abused or is sick. We’ve seen that happen. I guess I’ve been bitten by about every kind of dog, and some of them were smaller dogs.”

With the new state law, Bannister said it is important to remember that all dog owners in Cullman are required to purchase a one-time city license for each dog owned. For dogs that haven’t been spayed or neutered, the fee is $20. Those that have been spayed or neutered are $5.

“Spaying and neutering definitely helps with dogs not roaming as much and they become more docile,” Bannister said. “If we see a dog running loose we’re going to see if the license is in place. Sometimes a dog just gets loose and good owners will call us and let us know and we can pick it up and bring it back to the owners.”

The state law places full responsibility on an owner for any dog that is vicious and attacks someone unprovoked. But Bannister said the state law, like the city’s, is not intended to single out breeds.

“I’m one of those who doesn’t agree that a breed makes a dog vicious,” he said. “The conditions a dog lives in and how the owner treats the dog are the important factors. That’s what counts.”