Animal Shelter Laws & Practices

A Pound & Impoundment Officer are Required

Every county is required to maintain a “suitable county pound and impounding officer” and every city with 5,000 or more residents to maintain a pound or pay a pro rata share toward the county pound, per Alabama Code § 3-7A-7. Compliance is documented at Animal Control & Pounds by County. Alabama counties and municipalities utilize a range of impoundment facilities:

• Public shelters operated directly by the local government or by a contracted organization.
• Kennels at a law enforcement office or town hall.
• Boarding at a nonprofit shelter, vet, or animal clinic.

Some areas have no animal services or insufficent animal services. Many counties and cities have no impoundment facility, in violation of Alabama law. Other areas may meet the requirement on paper, but their facility is too limited in capacity and/or staffing to meaningfully protect animal welfare or public safety. This lack of animal services has been allowed to continue for nearly a century in part because the state does not fund or enforce the mandate. See this guidance on how to get help.

Shelters & Impoundment Facilities Must Report

Impoundment facilities and shelters are required to report monthly on intakes, outcomes, and operational costs, per §§ 3-10, the Animal Census Reporting Act. See Animal Census Reports for details, examples, and how to request records.

Officers May Impound & Seize Animals

Thousands of dogs and cats enter Alabama shelters every month, whether through impoundment, surrender, or when seizured by law enforcement.

• The most common reason for impoundment is simply because the animal is loose. Loose animals may be lost, stray, or abandoned, or may be allowed to roam, which is a violation in some counties and municipalities.
• When a loose dog, cat, or ferret is not wearing a current rabies tag, the pet may be impounded under Alabama’s Rabies Chapter, § 3-7A. (Some healthy adult cats are simply part of the eco-system and should not be captured except for TNR purposes.)
• Law enforcement officers may seize a dog or cat under animal cruelty law in exigent circumstances. (Warrantless entry is otherwise not allowed unless a person consents to the entry.) Rarely, dogs are seized due to a report that the dog has bitten or attacked or is dangerous. When a pet is seized, a disposition hearing must be promptly scheduled to determine whether the pet should be returned to the owner.

Many officers take impounded animals straight to the shelter or impoundment facility. Effective officers utilize proactive redemption techniques to save time, dollars, and lives. Proactive redemption means attempting to reunite the dog and family right away:

• Look for an ID tag
• Scan for a microchip
• Knock on doors in the area
• Scan the neighborhood for lost pet fliers
• Check lost pets reported to the shelter

If you are interested in the underlying legalities of impoundment laws affecting pet owners, officers, shelters, and governments, see Detailed Discussion of State Dog Impound Laws by Rebecca F. Wisch at Animal Legal & Historical Center, Michigan State University College of Law.

Stray Hold Must Be Followed

“Stray hold” is an informal term referring to the number of days that impounded animals are required to be held. Stray hold length varies depending on the reason for impoundment, local laws, and policies of the impoundment facility or animal control agency.

When animals are impounded under the Rabies Chapter, the dog, cat, or ferret must be held for seven days after notification of the owner, if the owner is known such as via a microchip or identification tag. Notice is a component of Constitutional due process and must be upheld except in exigent circustances, that is, unless there is a need for immediate action. When an owner does not reclaim within the hold period, the owner is considered to have forfeited title; ownership is then transferred to the shelter or local government.

Stray hold may be shorter in certain circumstances. In Birmingham, for example, dogs found running at large may be released to an adopter or agency or destroyed after three days (§ 6-1-18).

Owners May Reclaim Impounded Pets

Owners of impounded animals may reclaim at the shelter (or other impoundment facility). If the owner does not have a certificate of current rabies vaccination, Alabama law requires the purchase of a rabies vaccination and a penalty of up to double the (currently $10) state-set vaccination fee (§ 3-7A-6 and § 3-7A-8). A boarding fee is almost always required also.

These tips can help keep pets out of shelters.

Pets Must Be Sterilized Before Adoption

Sterilization of all sexually mature (defined as 180 days old) dogs and cats is required prior to relinquishment of custody to the adopter by all animal shelters, animal control agencies, and rescue organizations, per § 3-9. As an alternative, the law allows for a written agreement guaranteeing sterilization within 30 days after acquisition or within 30 days of the animal’s sexual maturity. However, written agreements have been found to be ineffective and difficult to enforce.