Alabama Attorney General Opinion 1979-0119

• OFFICE OF THE ATTORNEY GENERAL lei_ 00119 (AD\ CHARLES A. GRADD1CK ATTORNEY GENERAL STATE OF ALABAMA /EC I.. HALE DEPUTY ATTORNEY GENERAL WILLIAM N. 'ENURE,. JR. EXECUTIVE ASSISTANT ^CIMINO IVESUMOM0 SE NORTH UNION SIONTG MMMMM . ALABAMA 310120 ARCA ars). EES-EISS W S. TURNER CHIEF' ASSISTANT ATTORNEY GENERAL JANIE NORLES . AOMINI IVE ASSI M MAR 27 1979 Mr. Hiram Pitts, President Covington County Commission Covington County Courthouse Andalusia, Alabama 36420 County Commission - Private work - Health Department Dead animals must be buried by owner. Dear Mr. Pitts: Your request of March 2, 1979 relative to the responsibility for burial of dead animals has been considered. Your questions are stated as follows: "Please advise this Commission whether or not it is legal for a County Commissioner to bury, with County equipment, dead animals for individuals on the private land belonging to the individual. If this is not legal, would it be if the Commissioner was requested by the County Health Department to make the burial." The provisions of Code of Alabama 1975, §3-1-28 are explicit and are here stated for your information and convenience: "All owners or custodians of animals which die or are killed in their possession or custody, other Mr. Hiram Pitts, President Covington County Commission Page Two "than such as are slaughtered for food, within 24 hours shall cause the bodies of such animals to be burned or buried at least two feet below the surface of the ground. Hogs dying from cholera or any other disease whatsoever shall be burned. No such animal shall be burned or buried sufficiently near a residence or residences as to create a nuisance. Any person violating this section, whether by failure to burn or bury an animal dying or being killed in his possession or by causing the same to be burned in such proximity to a dwelling or in such other way as to become a nuisance shall be guilty of a misde- meanor and, on conviction, shall be fined not more than $50.00." Therefore your first question must be answered in the negative as the duty to bury such animals is placed upon the owner. The County Commission has. no duty to bury dead animals for the owner on his private land. Your second question is a bit more complicated. The County Health Department has certain authority with regard to "dead animals" as related in the following statutes: Code of Alabama 1975, SS22-3-1 through 22-3-12 and 22-10-1 through 22-10-3. Thus, in the event that the dead. animal should constitute a. nuisance,- as well it might if allowed to remain in an inha- bited area, then there is a duty upon the health officers and the County Health Department which could require the assistance of the county facilities to help abate. This, in all proba- bility, would result in the use of the county trash dump or burn area or some other suitable place to dispose of the dead animal; however, not upon the private property of an individual. CHARLES A. GRADDICK Attorne General Ill i Ran••l. urie Mr. Hiram Pitts, President Covington County Commission Page Three In the case at hand it appears that the dead animal is the property of the land owner and in this event it is the duty of the land owner to dispose of the carcass and if he fails or refuses to perform, then there is a violation committed for which he is liable. It is the further opinion of this office that the County can- not in any event become responsible for the burial of the dead animal on the private property of the owner. Sincerely, Assistant Attorney General RGL:cd