Alabama Animal Advocates

An Overview of Alabama’s Laws

Understanding of the legal system is an important aspect of advocacy. We must know how to determine the laws that apply to animal-related situations we and others may witness, be familiar with how laws are enforced, and take action if concerns are not addressed. Whether we get involved with the local shelter, serve as a foster parent for a rescue, or help community cats roaming our culdesac, state laws and sometimes also local laws come into play. We may also be interested in lawmaking at the state and/or local level. This page offers the foundational information:

Legal book open on desk with window in background.

State Laws

The Alabama Legislature, the state’s lawmaking body, meets every year during a regular session. Sessions are limited to 30 legislative days (when the House and Senate chambers are on the floor) over 105 calendar days.

An act originates as a bill introduced by a state lawmaker in either the House or Senate of the Alabama Legislature. The bill is referred to a committee for consideration. In order to be considered, the bill must be put on the calendar for the committee (some bills never get calendared at all). Committee members vote to approve the bill, amend it, or send it to the subcommittee for further discussion. Bills that receive a majority vote are reported favorably, given a second reading, and placed on the regular calendar. Bills that do not are typically dead (hence the phrase “died in committee”). Bills that make it out of committee are debated on the floor, after which a vote is taken. If a 51% majority of those present vote in favor of the bill, it passes. Otherwise, it fails.

These steps are then repeated in the other chamber. Both chambers must pass identical versions of the same bill in order for it to go to the Governor’s desk. When the bill reaches the Governor, if it is signed, it completes its enactment into law. If the Governor disapproves, it can be vetoed and returned to the originating house for consideration. The legislature can override a veto with a simple majority (51%) vote. Bills can be tracked and read at the Alabama Legislature website.

Once a bill becomes law, it applies everywhere in Alabama, except for two uncommon exceptions: (1) county laws and (2) state laws that apply in each county only upon adoption by the county commission. Dogs at Large is an example of the latter.

The state laws affecting companion animals are found primarily in two areas of the Code of Alabama: Title 3 Animals and Title 13A Criminal Code. All state (and county) animal laws, including a few scattered elsewhere in the Code, are listed in Michigan State’s compendium of Alabama animal statutes. Animal Legal Defense Fund’s compilation can also be a useful resource. Several of the statutes most relevant to companion animals:

County Laws

Of Alabama’s 67 counties, 65 are effectively unable to enact laws. The two counties which do have “home rule,” Shelby County and Baldwin County, have no animal-related laws at the county level other than the dog confinement statute, per our research and conversations with county commission administrators.

The other 65 counties’ power to self-govern is limited by the Alabama Constitution. Commissioners must go to the state legislature for authority to engage in desired activities, either through constitutional amendments initiated by the legislature, or by an act of the legislature (known as “local legislation”) giving the county authority to carry out the desired action. This is historically proven to be very difficult related to animal laws.

Chilton County, Madison County, and Mobile County do have county-level laws related to dangerous dogs, and Mobile County has a dog theft law). These are the only county-level dog laws that we are aware of, other than, again, each county’s option to adopt the dog confinement law. There are no county-level cruelty laws, in our understanding.

Code of Alabama § 11-3A-2, the Limited Self-Governance Act, gives counties authority to exercise certain powers to protect the county and public property under its control. This statute refers to “control of animals and animal nuisances” subject to the provisions of § 6-5-127 which is about exceptions to nuisances in civil litigation (including those for farming operations and racetracks) — it does not give counties the authority to control public behavior related to the treatment of companion animals.

Municipal Laws

Unlike counties, every city and town in Alabama is granted (by § 11-45-1) the ability to establish laws, so long as they do not conflict with state law. Authority to create at large ordinances is specifically grated by § 11-47-110. Municipal laws are created by enacting ordinances and resolutions that become part of the City Code. Municipal laws apply only within municipal limits.

Some municipalities have no animal-related laws; others have extensive requirements and prohibitions. For examples, see Dog Ordinances in Blount County. To determine whether the municipality has an applicable ordinance, try these options:

Many Alabama cities and towns have laws which penalize a broader range of offenses compared to state laws and/or more severely punish violations. If the cruelty, abuse, neglect, dog at large, or other animal-related issue is within city or town limits, check the municipal code for any applicable animal-related laws.