Alabama Animal Advocates

Dogs-at-Large Laws in Alabama

When we see dogs running loose, we tend to assume they are off of their own premises because the owner does not care or allowed the dog to roam. This is not always the case. Accidents happen. Children leave doors open, contractors leave gates opened, dogs jump fences (or dig out from under fences) and dogs flee when scared. If you see a dog running loose, it is possible the person who owns that dog is looking the dog. Please follow the steps to assist animals who are lost, stray, or abandoned. Your efforts may help the dog return home.

If you see a dog running loose repeatedly, it is possible the owner allows the dog to run loose or does little to prevent that from happening.

Dog running along farm fences.

State and Local Dog Confinement Laws

The state confinement law, Alabama Code § 3-1-5, stipulates that dogs be confined to the owner’s premises or kept in the charge of a responsible person if off-premises, except when actively engaged in hunting or agricultural work (§ 3-1-5.1). Although it is a state law, it applies in only some municipalities and only some unincorporated areas.

Many municipalities have an ordinance either prohibiting running at large or requiring confinement. Rarely, a municipal law also prohibits free roaming pet cats. Fines for violations of ordinances are typically higher than that of the state law and sometimes imprisonment is possible also. Some ordinances prohibit running at large in only certain areas, such as town streets or parks, and do not address running at large on the private property of another: Altoona and Locust Fork ordinances are examples.

Such state and local laws are often knows as “leash laws,” though this name is often a misnomer since the state confinement law is not a leash law and only some municipal laws include a leashing requirement.

Applicability

Municipal ordinances apply within municipal limits.

The state law applies when both of the conditions set by § 3-1-5(b) are met:

  1. The County Commission has adopted the statute, and
  2. The location is an unincorporated area of said county or a municipality that does not require a rabies license tag. [Examples of license tag requirements are Blountsville § 3-21 (second paragraph) and Oneonta § 3-31–33.]

It is a common misconception that a county’s adoption means that the state law applies to the entire county. It applies to the entire unincorporated area of the county, but as can be seen in Blount County’s example, to only some municipalities.

In the absense of an applicable law, there is no confinement requirement, as established by the 1952 decision of the Alabama Supreme Court in Owen v. Hamson: “Ordinary dogs having no vicious or mischievous propensities are free commoners, which the owner or keeper is under no duty to keep out of the public streets in the absence of statute or ordinance so requiring.”

Where to Report

Does a municipal ordinance apply? If a dog is allowed to run loose within municipal limits, find out whether the municipality has an applicable ordinance. We have found it most effective to request a copy of any dog-related ordinances, and then scan the ordinance(s) yourself for terms such as at large, off-premises, or running loose.

Does the state law apply? If a dog is allowed to run loose in unincorporated county or in a municipality that has no confinement requirement, determine whether the state law applies. If you are not sure whether the county has adopted Alabama Code § 3-1-5, ask the county administrator or county animal control director.

(Another state law, § 9-11-305, requires that dogs be leashed within wildlife management areas, except where other rules apply.)

Advocacy

While many people presume allowing a dog to roam doesn’t hurt anyone, that is not the case. Dogs running loose can cause automobile accidents, can lead to fights with other animals, may result in injury or death to another person, and may result in the dog being shot. It is incumbent on all of us to take extraordinary measures to keep dogs contained for the benefit of the community and the dog. If you would like your area to adopt a confinement law, speak to your city council, town council, or county commission.

County Commissioners and residents who would like their county to adopt the statute: See Guide for County Commissions for how the law can help the county, impacts on government and law enforcement, considerations prior to adopting, and answers to common concerns.

Enforcement

Enforcement of at-large laws is prompted by a resident’s report or an officer’s witnessing of a dog running loose. Enforcement may be handled by a ACO, another law enforcement officer, or an appointed agent. A responding officer or agent may address the situation in a variety of ways:

Enforcement of laws about dogs running at large is challenging due to the conditions that are required for a citation or a summons. No matter how quickly an animal control officer arrives, dogs don’t stay in one place. Owners can be difficult to identify, or may deny ownership. Complainants are often not willing to follow through. Be realistic in your expectations of animal control officials and try to work with them when it comes to dogs who run at large habitually.

If no citation is issued and/or violations continue, you might ask whether the agency or government will address the situation again. You also have the option of bringing your evidence directly to the court. This is known in Alabama law as a complaint, though we more commonly hear it referred to as “pressing charges” or “swearing out a warrant.”

If the magistrate or judge finds sufficient evidence of a violation, the dog owner will be summoned to court and will have the opportunity to plea or to contest the charge.

Penalties

Violation of Alabama’s confinement statute is a misdemeanor which carries a fine of $2 to $50, plus court costs which are set by each court. The range of court costs that we are aware of is from $175 to $332.

The penalty for violation of municipal ordinances is delineated in the ordinance or elsewhere in the municipal code. Generally, violation of municipal at-large law carries a more severe penalty than the state law’s $2 to $50 (which, when established in 1915, was equivalent to $60 to $1500 in today’s dollars).