In case of an emergency, dial 9-1-1.
Responsible Pet Ownership
Who is a pet owner?
Any person, firm, corporation, or organization having a right of property in a dog (pet), OR who keeps or harbors a dog (pet), OR who has a dog (pet) in his or her care or acts as the custodian of a dog (pet), OR who permits a dog (pet) to remain on or about any premises occupied by him or her. -See also Emily’s Law Section 3-6A-3(7) and Rabies Law Section 3-7A-1(9)
Owners Permitting Dogs to Run At Large
Although the County Commission has not formally adopted any resolutions requiring pet owners to confine their dogs to their own property, the Commission does encourage all pet owners (not just dog owners) to be responsible pet owners by ensuring their pets do not leave their property without supervision and to ensure their pets do not create a nuisance or danger for neighbors, farmers, and ranchers.
Section 3-1-5 Permitting Dogs to Run at Large; Applicability of Provisions of Section in Counties and Certain Cities or Towns.
(a) Every person owning or having in charge any dog or dogs shall at all times confine such dog or dogs to the limits of his own premises or the premises on which such dog or dogs is or are regularly kept. Nothing in this section shall prevent the owner of any dog or dogs or other person or persons having such dog or dogs in his or their charge from allowing such dog or dogs to accompany such owner or other person or persons elsewhere than on the premises on which such dog or dogs is or are regularly kept. Any person violating this section shall be guilty of a misdemeanor and shall be fined not less than $2.00 nor more than $50.00.
(b) This section shall not apply to the running at large of any dog or dogs within the corporate limits of any city or town in this state that requires a license tag to be kept on dogs nor shall this section apply in any county in this state until the same has been adopted by the county commission of such county.
Section 3-1-5.1 Agricultural Work Dogs and Hunting Dogs Exempt from Leash or Restraint Laws When Hunting Wild Game.
(a) For the purposes of this section, the following terms shall have the following meanings:
(1) AGRICULTURAL WORK DOG. Any dog that is trained to herd or protect livestock or to otherwise assist in agricultural work and is actually or has been used for such purposes.
(2) HUNTING DOG. Any dog trained to hunt wild game with a handler.
(b) A local law requiring a dog to be kept on a leash or otherwise restrained does not apply to an agricultural work dog at any time while the dog is engaged in agricultural work or a hunting dog at any time while the dog is engaged in hunting wild game.
Spaying & Neutering of Pets
The County Commission has no legal authority to impose a spay or neuter requirement on all pet owners; however, the Commission does strongly encourage responsible pet ownership which includes spaying & neutering pets to prevent unplanned pregnancies and over population.
Immunizations
The County Commission has no legal authority to require the immunization of pets against heart worms, kennel cough, etc…; however, responsible pet owners should ensure their pet’s health is properly taken care of. The State of Alabama requires all pet owners to vaccinate their dogs, cats, and ferrets against rabies. See also the “Rabies Mitigation” section on this page.
Identification Tags / Microchipping / Registration & Annual License Fees
The County Commission has no legal authority to require pet owners to implant their pets with a microchip, register their pets with any county agency, or pay an annual license fee of any sort; however, pet owners are encouraged to place an identification tag on their pets collar or implant their pets with a microchip to enable quicker reunification of the pet with their owner in the case of a lost pet.
Proper Housing & Care for Pets
The County Commission has no legal authority to impose specific housing and care requirements on pet owners; however, responsible pet owners should ensure their pets have proper housing, shelter, and access to clean food and drinking water. See also the “Beau’s Law / Tethering of Dogs” section on this page.
Responsibility of Pet & Livestock Owner Education
All pet and livestock owners should educate themselves by researching Title 3 of the Code of Alabama which deals with “Animals” to further understand all legal requirements and liabilities of pet and livestock ownership.
Rabies Law
All pet owners are required to immunize their “dogs, cats, and ferrets” against rabies.
Section 3-7A-1 Definitions.
As used in this chapter, the following words and phrases shall have the following meanings respectively ascribed to them unless the context clearly indicates otherwise:
(1) CANINE CORPS DOGS. Those members of the canine family maintained by governmental agencies for exclusive use in official duties assigned to those agencies. Seeing eye dogs shall be included within the meaning of this definition.
(2) CAT. All members of the domesticated feline (Felis catus) family.
(3) DOG. All members of the domesticated canine (Canis familiaris) family.
(4) FERRET. All members of the ferret (Mustela putorius furo) family.
(5) HAS BEEN EXPOSED. Suspected or confirmed contact of saliva with a break or abrasion of the skin or with any mucous membrane, as determined by the health officer or medical or law enforcement personnel.
(6) HEALTH OFFICER. The State Health Officer or any county health officer as defined in Section 22-3-2, or his or her designee.
(7) IMMUNIZATION AGAINST RABIES. The injection, in a manner approved by the State Health Officer and the State Veterinarian, of rabies vaccine approved by the State Health Officer and the State Veterinarian. The administration of rabies vaccine to species other than those for which reliable immunization data is available shall be a violation of this chapter.
(8) IMPOUNDING OFFICER. An agent of a county or municipality vested with impounding authority for animals covered under this chapter.
(9) OWNER. Any person having a right of property in a dog, cat, ferret, or other animal, or who keeps or harbors the animal, or who has it in his or her care, or acts as its custodian, or who permits the animal to remain on or about any premises occupied by him or her.
(10) PERSON. Individuals, firms, partnerships, and associations.
(11) QUARANTINE FOR RABIES OBSERVATION. Confinement under the direct care, custody, control, and supervision of a licensed veterinarian for a period of 10 days subsequent to the date of the exposure, or as otherwise directed by the appropriate health officer.
(12) RABIES OFFICER. A licensed veterinarian as defined in Section 34-29-61, duly appointed by the county board of health and approved by the State Health Officer and State Veterinarian.
Section 3-7A-2 Dogs, Cats, and Ferrets to Be Immunized; Sale, Etc., of Vaccine; Vaccination Exemptions.
(a) Every owner of a dog, cat, or ferret required to be immunized for rabies as defined in this chapter, shall cause the animal to be immunized by the rabies officer, his or her authorized representative, or any duly licensed veterinarian, when the animal reaches three months of age and subsequently in accordance with the intervals specified in the vaccine’s license. Notwithstanding the above, the State Board of Health may establish by rule vaccine intervals or specific vaccines, or both, to be used in public rabies vaccination clinics, based on considerations such as county specific prevalence of animal rabies or risk of animal rabies and the vaccination rates of dogs, cats, and ferrets in a county. Evidence of immunization shall consist of a printed certificate furnished by the Alabama Department of Public Health, upon which shall be legibly inscribed: A description of the animal; its age, color, sex, breed, and tattoo identification, if any; the name and address of the owner; the lot number and type of vaccine used (modified live virus, inactivated virus); the name of the manufacturer, the amount of vaccine injected, and the date after which the animal is no longer considered vaccinated; and a serially numbered tag bearing the same number and year as that of the certificate. The certificate shall be dated and signed by the person authorized to administer the vaccine. Certificates not complying with the provisions of this section, or certificates issued by those persons unauthorized to administer rabies vaccine, shall not be valid. In lieu of printed certificates, licensed veterinarians may elect to utilize electronically generated and maintained certificates if the certificates contain substantially the same information as required above. A signed paper copy of the certificate prescribed herein shall be delivered to the owner of the animal immunized. A paper copy or electronic copy or evidence thereof shall be maintained by the licensed veterinarian for a period of one year past the expiration date of a certificate. An additional paper copy or electronic copy or listing shall be provided to the local rabies enforcement authority upon request by the authority and in the manner as so requested.
(b) It shall be unlawful and in violation of the provisions of this chapter for any person to import, receive, sell, offer for sale, barter, or exchange animal rabies vaccine, other than antirabies vaccine intended for human use, to anyone except a duly licensed veterinarian.
(c)(1) Notwithstanding the other provisions of this chapter, the State Board of Health by rule may establish procedures and qualifications for an exemption from the requirement for a vaccination for an animal if a rabies vaccination would be injurious to the animal’s health.
(2) An animal exempted under subdivision (1) shall be considered unvaccinated by the State Board of Health in the event of the animal’s exposure to a confirmed or suspected rabid animal.
Section 3-7A-3 Immunization Fee.
At public rabies clinics, the rabies officer may charge an immunization fee established by a committee consisting of the State Health Officer, the State Veterinarian, and the president of the Alabama Veterinary Medical Association, and approved by the State Board of Health prior to the first day of January each year. The committee shall consider all cost factors in administering the vaccine as the economy dictates, including but not limited to the current prices of vaccines.
Section 3-7A-4 Issuance of Tag.
Coincident with the issuance of the certificate of immunization, the rabies officer, his authorized representative, or any duly licensed veterinarian, who provided the certificate shall furnish a serially numbered tag bearing the same number and year as that of the certificate, which tag shall at all times be attached to a collar or harness worn by the dog or cat for which the certificate and tag have been issued.
Section 3-7A-5 Replacement of Tag and Certificate.
In the event a tag or certificate is lost after it has been legally issued, every replacement thereof shall be upon such terms as may be agreed upon with the rabies officer or veterinarian by whom the animal has been immunized. In that instance, a new certificate marked “duplicate” may be issued and distributed according to Section 3-7A-2.
Fines & penalties may be assessed to pet owners found to be noncompliant with these laws.
Section 3-7A-6 Penalty for Dog or Cat Without Tag or Certificate.
The owner of any dog or cat found not wearing the evidence of current immunization as provided herein or for which no certificate of current immunization can be produced, and which is apprehended by an officer or other person charged with the enforcement of this chapter, shall forthwith be subject to a penalty to be imposed by the rabies officer not to exceed an amount equal to twice the state approved charge for immunization, in addition to the fee heretofore prescribed for immunization. When collected, the said penalty shall accrue to the rabies officer or his agent, except in the case of a rabies officer employed full-time on salary, in which case the penalty shall accrue to the employing agency or agencies.
Section 3-7A-12 Penalty for Violations.
Except as provided for in Section 3-7A-6, any person violating or aiding or abetting the violation of any provision of this chapter, or counterfeiting or forging any certificate, or making any misrepresentation in regard to any matter prescribed by this chapter or rule promulgated hereunder or except as otherwise provided, or resisting, obstructing, or impeding any authorized officer in enforcing the provisions of this chapter, or refusing to produce for immunization any animal in his or her possession for which rabies vaccine is recognized and recommended, or for failing to report an animal bite, shall be charged with a Class C misdemeanor, and for the purpose of enforcing this chapter, resort may be had to any court of competent jurisdiction.
County Board of Health and Rabies Officer are charged with enforcement of rabies laws.
Section 3-7A-11 County Rabies Officer; Application; Appointment; Term; Powers and Duties; Authority of County Board of Health.
(a) The county board of health shall nominate annually one duly licensed veterinarian from each county within the state for the position of rabies officer. Applications for this position may be received from any duly licensed veterinarian residing within the county, or in the event that no applications are received, from the Alabama Veterinary Medical Association. Applications shall be provided to the chair of each county board of health during the month of November. The county board of health, not later than January 31 of the appointing year, shall select and appoint a nominee, subject to the approval of the State Health Officer and the State Veterinarian. The appointee’s term of office shall expire on December 31 of the year of appointment; provided, however, that he or she shall be eligible for reappointment. The rabies officer may be removed from office, for cause, by the county board of health or the State Health Officer.
(b) Appointments not made within the prescribed time limits specified in this section shall become the joint prerogative of the State Health Officer and the State Veterinarian after due consultation with the appropriate health officer.
(c) For the purpose of providing proper enforcement of this chapter, the county board of health is hereby invested with general supervisory and administrative authority for the implementation of this chapter. It shall be the duty of the rabies officer to immunize for rabies all dogs, cats, and ferrets covered under this chapter and he or she may employ as many licensed veterinarians to serve as deputies to aid him or her as he or she may desire. The rabies officer and his or her deputies in each county are clothed with limited police powers to the extent that they may issue citations for violations of this chapter as an agent of the county board of health, and shall not be subject to the limitations of Section 36-21-50. The sheriff and his or her deputies in each county and the police officers in each incorporated municipality shall be aides, and are hereby instructed to cooperate with the rabies officer in carrying out the provisions of this chapter. The compensation of the rabies officer and his or her deputies shall be limited to the fees collected from enforcement of this chapter.
The county‘s responsibility to provide a suitable county pound and impounding officer.
Section 3-7A-7 Maintenance of Pound; Notice of Impoundment.
Each county in the state shall provide a suitable county pound and impounding officer for the impoundment of dogs, cats, and ferrets found running at large in violation of the provisions of this chapter. Every municipality with a population over 5,000 in which the county pound is not located shall maintain a suitable pound or contribute their pro rata share to the staffing and upkeep of the county pound. If the owner of an impounded animal is known, the owner shall be given direct notice of the impoundment.
How does the Randolph County Commission satisfy the requirements of Section 3-7A-7?
Like many counties in the state of Alabama, the Randolph County Commission has an annual contract (PENDING) with a local non-profit organization to provide an impounding officer who is charged with the responsibility of receiving and impounding dogs, cats, and ferrets found running at large in violation of Section 3-7A. Animals found in violation should be presented to the impounding officer by the county rabies officer, who is charged with enforcement of Section 3-7A, or his/her deputies and aides.
Emily’s Law / Dangerous Dogs
Section 3-6-1 Liability of Owner of Dog for Injuries to Person Bitten or Injured While Upon Property Owned or Controlled by Owner
If any dog shall, without provocation, bite or injure any person who is at the time at a place where he or she has a legal right to be, the owner of such dog shall be liable in damages to the person so bitten or injured, but such liability shall arise only when the person so bitten or injured is upon property owned or controlled by the owner of such dog at the time such bite or injury occurs or when such person has been immediately prior to such time on such property and has been pursued therefrom by such dog.
Section 3-6-2 When Person Deemed Lawfully on Property of Owner of Dog.
For the purpose of this chapter a person shall be considered to be lawfully upon the private property of the owner of such dog when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws of the United States or the postal laws and regulations of the United States, when reading meters, when delivering milk, when making repairs to any public utility or service upon said premises or when on such property upon the invitation, either expressed or implied, of the owner or lessee of such property.
Section 3-6-3 Mitigation of Damages.
The owner of such dog shall, however, be entitled to plead and prove in mitigation of damages that he had no knowledge of any circumstances indicating such dog to be or to have been vicious or dangerous or mischievous, and, if he does so, he shall be liable only to the extent of the actual expenses incurred by the person so bitten or injured as a result of the bite or injury.
Section 3-6A-3 Definitions.
For the purposes of this chapter, the following words shall have the following meanings:
(1) ANIMAL CONTROL OFFICER. Any person employed by a county or municipality who performs animal control functions or any person who performs animal control functions who is employed by an entity under agreement or contract with a county or municipality to perform animal control functions or to enforce this chapter.
(2) ATTACK. Aggressive physical contact by a dog.
(3) BITTEN. Seized with the teeth so that the skin of the person seized has been gripped, or has been wounded or pierced, resulting in physical injury.
(4) DANGEROUS DOG. A dog, regardless of its breed, 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 13A-11-260, used by law enforcement officials for legitimate law enforcement purposes.
(5) DOG. All members of the canine family including dog hybrids.
(6) IMPOUNDED. Taken into the custody of law enforcement, the county pound, or an animal control authority or provider of animal control services to the municipality or county where the dangerous dog is found.
(7) OWNER. A person, firm, corporation, or organization having a right of property in a dog, or who keeps or harbors a dog, or who has a dog in his or her care or acts as the custodian of a dog, or who permits a dog to remain on or about any premises occupied by him or her.
(8) PHYSICAL INJURY. An injury as defined in Section 13A-1-2(12).
(9) PROPER ENCLOSURE OF A DANGEROUS DOG. An enclosure for the confinement of a dog that has been declared dangerous that is suitable to prevent the entry of the general public and that does all of the following:
a. Is capable of being locked with a key or combination lock when the dog is within the structure.
b. Has secure sides and a secure top attached at all sides. All four sides of the fence or pen must be sunk at least two feet into the ground or the fence or pen must be built over a concrete pad to prevent the dog from digging out.
c. Provides adequate ventilation and protection from the elements.
d. Exhibits a sign conspicuously posted upon the pen or the structure containing the following: “Dangerous Dog – No Trespassing.”
e. The enclosure shall be constructed to allow the dog to stand normally and without restriction and shall be not less than four times the length of the dog and two times the width of the dog.
f. The enclosure shall be locked at all times while the dog is inside the enclosure.
(10) SERIOUS PHYSICAL INJURY. An injury as defined in Section 13A-1-2.
Section 3-6A-4 Sworn Statement; Dangerous Dog Investigation; Hearing; Procedures.
(a)(1) When a person claims that a dog is dangerous, the person shall make a sworn statement before a city magistrate or sheriff setting forth the name of the dog owner, if known, the location where the dog is being kept in the city or county, and the reason he or she believes the dog to be dangerous.
(2) The sworn statement shall be delivered to an animal control officer who shall complete a dangerous dog investigation.When the sworn statement claims that a dog has caused serious physical injury or death to a person, the duties of the animal control officer, including but not limited to the dangerous dog investigation, shall be carried out by a law enforcement officer.
(b) An animal control officer may initiate a dangerous dog investigation in cases where a complaint has been made pursuant to subsection (a) and a person has been bitten, received physical injury or serious physical injury, or has died.
(c)(1) In the event a dangerous dog investigation leads an animal control officer to believe the allegation is founded, all of the following shall occur:
a. The animal control officer shall file a summons for the owner of the dog, if known, with the municipal court or district court.
b. The dog in question shall be impounded at the county pound as described in Section 3-7A-7, or the county or municipality may enter into an agreement with an animal shelter or licensed veterinarian to impound the dog; provided, however, the owner of the dog shall be provided the opportunity to choose a veterinarian of his or her choosing to impound the dog in lieu of the county pound or animal shelter. If the dog is impounded with a veterinarian chosen by the owner of the dog, the owner of the dog shall be liable for paying to the veterinarian the cost and expenses incurred in impounding, feeding, and providing veterinary care or treatment for the dog. If the county or municipality impounds the dog, the owner of the dog shall be liable to the county or municipality for the costs and expenses incurred in impounding, feeding, and providing veterinary care or treatment for the dog.
c. The animal control officer shall send a copy of the investigation report to the county attorney, municipal attorney, or municipal prosecutor.
(2) In lieu of the investigation, the owner of the alleged dangerous dog may consent to the dog being humanely euthanized.
(d) In the event the dangerous dog investigation leads the animal control officer to believe the allegation is unfounded, the animal control officer shall advise the complainant of his or her findings and the animal control officer shall submit the results of the investigation to his or her supervisor.
(e) A copy of all investigations made pursuant to this section shall be kept on file in the animal control office or sheriff’s office.
(f) The county attorney, municipal attorney, or municipal prosecutor may file a petition in the district court or municipal court to declare dangerous the dog that caused physical injury, serious physical injury, or death to a person in the jurisdiction of the county or municipality. The owner of the dog, if known, shall be served with a copy of the petition.
(g) A dog that is the subject of a dangerous dog investigation may not be relocated and ownership may not be transferred pending the outcome of the investigation and hearing to determine whether to declare the dog to be dangerous.
(h) The court hearing shall be held as soon as practicable. At the hearing, the county attorney, municipal attorney, or municipal prosecutor shall present evidence that the dog is dangerous. To declare the dog dangerous, the court shall find by reasonable satisfaction that the dog bit, attacked, or caused physical injury, serious physical injury, or death to a person without justification.
(1) If the court determines that the dog is dangerous and has caused serious physical injury or death to a person, the court shall order the dog to be humanely euthanized by a licensed veterinarian or an authorized animal control official.
(2) If the court determines that the dog is dangerous, but has not caused serious physical injury or death to a person, the court shall determine whether the dog has a propensity to cause future serious physical injury or death. If the court determines by reasonable satisfaction that the dog has such a propensity, the court may order the dog to be humanely euthanized by a licensed veterinarian or an authorized animal control officer or the court may order the dog be returned to its owner pursuant to all of the following conditions:
a. The dog shall be held in impound until the owner complies with all orders of the court, but if the owner fails to comply with all orders of the court within 30 days of the court’s order, the dog shall be humanely euthanized.
b. The dangerous dog shall be microchipped.
c. The owner of the dangerous dog shall provide a copy of the certificate of the current rabies vaccination of the dog.
d. The dangerous dog shall be spayed or neutered.
e. The owner of the dangerous dog shall be required to pay all expenses involved with the investigation, pickup, and impoundment, and any court costs or fees related to the hearing to determine whether the dog is dangerous.
f. The owner of the dangerous dog shall be required to pay an annual dangerous dog registration fee of one hundred dollars ($100) to the county or municipality for a dog deemed dangerous by a court or pay a penalty of one hundred dollars ($100) to the county or municipality for non-registration within two weeks.
g.1. The owner shall be required to obtain a surety bond of at least one hundred thousand dollars ($100,000) and shall provide proof to the court or animal control office.
2. The surety bond required by subparagraph 1. shall provide coverage for dog bites, injuries, or death caused by the dog.
3. The owner shall provide proof of the surety bond each time the annual dangerous dog registration fee is paid.
h. The owner of the dangerous dog shall provide proof to the court that he or she has constructed a proper enclosure for a dangerous dog pursuant to Section 3-6A-3.
(i) The pleading and practice in all cases to petition the court to declare a dog to be dangerous under this section shall be in accordance with the Alabama Rules of Civil Procedure and rules of the courts governing municipal courts in this state unless otherwise specified by this chapter. Any judicial determination in municipal court or district court that a dog is dangerous may be appealed to the circuit court pursuant to the requirements of the Alabama Rules of Civil Procedure and the order of the circuit court shall be final.
(j) It shall be presumed that a dog is not a dangerous dog pursuant to this chapter if the dog was on property owned by the owner of the dog when the event subject to a claim under this chapter occurred or if the victim was trespassing on any property when the event subject to a claim under this chapter occurred.
Section 3-6A-5 Violations.
(a) If a dog that has previously been declared by a court to be dangerous, when unjustified, attacks and causes serious physical injury or death to a person, the owner of the dog shall be guilty of a Class B felony.
(b) If a dog that has not been declared by a court to be dangerous, when unjustified, attacks and causes serious physical injury or death to a person, and the owner of the dog had prior knowledge of the dangerous propensities of the dog, yet demonstrated a reckless disregard of the propensities under the circumstances, the owner of the dog shall be guilty of a Class C felony.
(c) If a dog that has previously been declared by a court to be dangerous, when unjustified, attacks and causes physical injury to a person, the owner of the dog shall be guilty of a Class A misdemeanor.
(d) If a dog that has not been declared by a court to be dangerous, when unjustified, attacks and causes physical injury to a person, and the owner of the dog had prior knowledge of the dangerous propensities of the dog, yet demonstrated a reckless disregard of the propensities under the circumstances, the owner of the dog shall be guilty of a Class B misdemeanor.
(e) In addition to any fines imposed by the court, a person guilty of violating subsection (a), (b), (c), or (d) shall pay all expenses, including, but not limited to, shelter, food, veterinary expenses for boarding, and veterinary expenses necessitated by impoundment of the dog, medical expenses incurred by a victim from an attack by a dangerous dog, and other expenses required for the destruction of the dog.
(f)(1) When a dog declared to be dangerous is outside and not contained in the proper enclosure of a dangerous dog pursuant to Section 3-6A-3, the owner of the dangerous dog shall be present and shall restrain the dangerous dog with a secure collar and leash.
(2) An owner of a dog declared to be dangerous who violates subdivision (1) shall be guilty of a Class C misdemeanor, except that a second or subsequent adjudication or conviction is a Class B misdemeanor.
(g) An owner of a dog that is the subject of a dangerous dog investigation who refuses to surrender the dog to an animal control officer or law enforcement officer, upon the request of the animal control officer or law enforcement officer, shall be guilty of a Class C misdemeanor.
(h) Any person who knowingly makes a false report to an animal control officer or law enforcement officer that a dog is dangerous is guilty of a Class C misdemeanor.
Section 3-6A-8 Duties of Animal Control Officer.
If the appropriate jurisdiction does not employ an animal control officer, the duties of this chapter shall be carried out by a law enforcement officer.
Beau’s Law / Tethering of Dogs
Section 3-6B-1 Definitions.
For purposes of this chapter, the following terms have the following meanings:
(1) ADEQUATE FOOD. Food that is offered in suitable intervals and in sufficient amounts to prevent starvation or significant risk to a dog’s health from lack of food.
(2) ADEQUATE WATER. Potable water that is offered in suitable intervals and in sufficient amounts to prevent dehydration or significant risk to a dog’s health from lack of water.
(3) PROPERLY FITTED. When naturally worn by a dog, a collar or harness that:
a. Is appropriately sized for the dog based on the dog’s measurements and body weight; and
b. Does not choke the dog or impede the dog’s normal breathing or swallowing.
(4) TETHER. A chain, leash, cable, rope, trolley system, or other similar device used to tie or otherwise connect a dog to a stationary object, including a structure, doghouse, pole, or tree.
Section 3-6B-2 Methods of Tethering or Confining Dogs.
(a)(1) A person may not tether a dog to a stationary object, including a tree, pole, stake, or structure, unless the dog is tethered via a trolley system in accordance with all of the following:
a. The tether is not unreasonably heavy in relation to the weight of the dog.
b. The tether does not allow the dog to leave the property of the owner or person responsible for the dog.
c. The tether is connected to only one dog.
d. The tether is attached to a properly fitted collar or harness worn by the dog.
e. The tether has a swivel on both ends to minimize tangling.
f. The tether allows the dog continuous access at all times to adequate food, adequate water, and shelter as described in Section 3-6B-3.
g. The tether does not extend over an object or edge that could result in injury or strangulation of the dog.
h. The tether is situated in a manner to prevent entanglement with other objects or animals.
(2) A logging chain, choke collar, or pinch collar may not be used to tether a dog.
(b) A person may not restrain or restrict a dog’s movement by confining the dog within an enclosure unless in accordance with all of the following:
(1) The enclosure is secure, fully fenced, and has adequate space for the dog to freely move around.
(2) The dog has continuous access at all times to adequate food, adequate water, and shelter as described in Section 3-6B-3.
(3) The enclosure does not allow the dog to leave the property of the owner or person responsible for the dog.
(c) Subsections (a) and (b) do not apply to any of the following:
(1) A licensed veterinary practice that tethers or confines a dog in the course of its practice.
(2) A boarding kennel or public or private animal shelter with secure enclosures for the temporary boarding or housing of dogs.
(3) An exhibition, trial, show, contest, or other temporary event in which skill, breeding, or stamina of a dog is judged or examined.
(4) A dog that is used for obedience purposes or receives training in a lawful manner to hunt or retrieve wildlife.
(5) A service or assistance dog.
(6) A licensed grooming shop or facility during the grooming of a dog.
(7) Any temporary circumstance during which tethering or confining a dog is necessary but not exceeding a reasonable amount of time with respect to the weather.
(8) An individual walking a dog on a leash.
(9) A commercial dog breeder licensed by the United States Department of Agriculture as a Class A dealer pursuant to the Animal Welfare Act, 7 U.S.C. § 2131 et seq.
Section 3-6B-3 Shelter Requirements for Dogs Kept Outside.
In addition to any other requirement by law, a person leaving or keeping a dog tethered or confined outside shall provide the dog with access to shelter that complies with all of the following:
(1) Allows the dog to remain dry and protected from the elements and inclement weather, including providing shade for the dog and containing bedding for cold weather when necessary.
(2) Is fully-enclosed with an adequate opening for ingress and egress and has a solid floor.
(3) Has space for the dog to stand up, turn around, lie down in a normal position, and extend its limbs.
(4) Is constructed or manufactured of durable materials and provides adequate ventilation.
(5) Is free from accumulated waste, standing water, and debris.
(6) Allows the dog unlimited access to the shelter.
Section 3-6B-4 Applicability of Chapter (Exemptions).
This chapter does not apply to any of the following:
(1) A dog whose purpose is or that is receiving training in conduct that is directly related to the business of shepherding or herding livestock, cultivating agricultural products, hunting, or retrieving.
(2) An individual tethering or confining a dog near a place of business while the individual is inside or otherwise interacting with the business, so long as:
a. The dog is tethered or confined for a reasonable amount of time with respect to the weather; and
b. The dog is tethered or confined in a reasonable location near the place of business.
(3) The temporary tethering or confining of a dog at any campsite, recreation area, or home so long as the dog is tethered or confined for a reasonable amount of time with respect to the weather.
Section 3-6B-5 Violations.
(a) The governing body of a county or municipality may appoint one or more animal control officers to investigate alleged violations of this chapter. An investigating officer shall not be required to be a certified law enforcement officer.
(b) Upon having probable cause that a violation of this chapter has occurred, a certified law enforcement officer, including those serving as animal control officers, may do either of the following:
(1) Remove a dog from its present location if he or she believes the dog’s life is in danger.
(2) Order the owner to provide care to the dog at the owner’s expense to comply with this chapter.
(c) The removal of a dog or the issuance of an order to provide care to a dog shall be subject to the hearing and disposition requirements and procedures provided in Sections 13A-11-244 and 13A-11-245.
(d) A county, municipality, animal control officer, or certified law enforcement officer, acting in good faith, may not be liable for any actions taken pursuant to this chapter, regardless of whether a dog that is removed is returned to its owner.
(e) Nothing in this chapter shall prevent or limit a law enforcement officer from seeking a warrant to enter private property to enforce this chapter.
(f) A property owner, animal owner, or person responsible for a dog shall not be liable for any injury to a certified law enforcement officer or animal control officer that occurs while the officer is attempting to seize, remove, or take custody of a dog pursuant to this chapter, provided the property owner, animal owner, or person responsible for the dog has not intentionally caused the injury.
Section 3-6B-6 Penalties.
A person who violates this chapter shall pay the full costs of boarding and providing veterinarian care to the dog and be guilty of a Class C misdemeanor for a first violation, a Class B misdemeanor for a second violation, and a Class A misdemeanor for a third and any subsequent violation.
Section 3-6B-7 Construction of Chapter.
Nothing in this chapter shall be construed to limit the authority of any law enforcement officer or animal control officer to enforce applicable animal cruelty or neglect laws.
Stray Animals / Animal Nuisances
The County Commission has no legal authority to mitigate, abate, impound, or control animals and animal nuisances without the citizens of Randolph County voting in a referendum to approve ALL powers and provisions listed in the “Alabama Limited Self-Governance Act.”
Alabama Limited Self-Governance Act
Section 11-3A-2 Powers for Public Welfare, Health, and Safety; Authorization; Scope.
(a) Except where otherwise specifically prohibited or provided for either heretofore or hereafter by general law or the constitution of this state and subject to the procedures and limitations set out in this chapter, the county commission of a county may provide for its property and affairs; and for the public welfare, health, and safety of the citizens throughout the unincorporated areas of the county by exercising certain powers for the protection of the county and public property under its control. The powers granted herein to provide for the public welfare, health, and safety of its citizens shall only include the following:
(1) Abatement of weeds as a public nuisance as defined in Section 11-67-60.
(2) Subject to the provisions of Section 6-5-127, control of animals and animal nuisances.
(3) Control of litter as defined in subsection (b) of Section 13A-7-29, or rubbish as defined in subdivision (4) of Section 22-27-2.
(4) Junkyard control of areas which create a public nuisance because of an accumulation of items described in the definition of a junkyard under Section 11-80-10.
(5) Subject to the provisions of Section 6-5-127, abatement of noise, unsanitary sewage, or pollution creating a public nuisance as defined in Sections 6-5-120 and 6-5-121.
(b) Except as provided in subsection (h), the process for implementation of the powers set out in subsection (a) may be authorized by resolution of the majority of the county commission or in response to a petition signed by 10 percent of the total number of qualified electors of the county who reside in the unincorporated areas of the county. A petition shall only be accepted if signed by 10 percent of the total number of qualified electors who reside in the unincorporated areas of the county. The petition shall include the full legal names and addresses of all persons signing the petition and shall be filed in the office of the judge of probate. The judge of probate shall within 60 days verify that all of the persons signing the petition are in fact qualified electors and legal residents of the unincorporated areas of the county and shall immediately thereafter forward the petition to the chairperson of the county commission. Following receipt of the verified petition, the county commission shall, at its next regularly scheduled meeting, make preparations for the referendum on the issue as set out in Section 11-3A-5.
(c) The powers granted to a county commission by this chapter shall not be construed to extend to any matters which the Legislature by general law has heretofore preempted by operation of law and the powers granted by this chapter shall not be limited or superseded by local law enacted after May 26, 2005. The legislative intent of this chapter is not to diminish any local law previously enacted and such local laws are to be read in pari materia with this chapter. The county commission may adopt ordinances to effectuate the orderly implementation of the powers granted herein under the procedures set out in Section 11-3A-3. Ordinances adopted by the county commission shall provide a process for notice to any persons cited for violation of such ordinance, and shall also include procedures for appeal to the county commission to contest any citation issued for an alleged violation of any ordinance adopted by the county commission pursuant to this chapter.
(d) The powers granted to a county commission by this chapter shall not include any of the following:
(1) The authority of a county to levy or collect any tax, to levy or collect any fee except an administrative fee as provided in this chapter, or to implement a county land use plan or to establish and enforce planning and zoning.
(2) Any action extending the power of regulation over any business activity regulated by the federal Surface Transportation Board, the Public Service Commission, the Department of Agriculture and Industries, or the Department of Environmental Management beyond that authorized by general law or by the Constitution of Alabama of 1901.
(3) Any action affecting any court or the personnel thereof.
(4) Any action affecting any public school system.
(5) Any action affecting pari-mutuel betting or any pari-mutuel betting facility.
(6) Any action affecting in any manner the property, affairs, boundaries, revenues, powers, obligations, indebtedness, or government of a municipality or any municipal or public corporation organized pursuant to Chapter 50 of this title.
(7) Any action affecting the private or civil law governing private or civil relationships, except as is incident to the exercise of an independent governmental power.
(8) Any action extending the power of regulation over the construction, maintenance, operation, or removal of facilities used in the generation, transmission, or distribution of water, sewer, gas, telecommunications, or electric utility services.
(9) Any action affecting the rights granted to an agricultural, manufacturing, or industrial plant or establishment, or farming operation pursuant to Section 6-5-127, or other general laws in effect on May 26, 2005, or thereafter.
(10) Any action affecting or enforcing environmental easements or, except as authorized in this section, to abate a public nuisance, any use of private property otherwise authorized under the constitution and laws of the State of Alabama.
(11) Any action restricting or regulating surface mining or underground mining activities that have been granted federal or state permits and any operation or facility engaged in the activities of processing or distributing any product or material resulting from the mining activity.
(e) Unless otherwise provided by general law, a county may not exercise any of the powers or provide any service authorized by this chapter inside the corporate limits of any municipality or within any other territory in which a municipality or an instrumentality of a municipality is authorized by general law to exercise the power or provide those services, or within any other county, except by contract with the municipality, municipal instrumentality, or county affected.
(f) Nothing in this chapter shall be construed to grant the county commission of a county any general authority to establish or adopt a comprehensive plan for zoning or land use regulation in the unincorporated areas of the county or to grant any taxing authority except as otherwise provided for by law.
(g) This chapter shall not preclude municipal utilities from expanding into the county as otherwise provided by law and shall not grant counties the authority to govern or regulate municipal water and sewer systems which operate within the county.
(h) In counties with a Class 3 municipality with a county commission which is presided over by a chairman elected countywide, a four-fifths majority vote of the county commission members elected by single member districts shall be required for the implementation of this chapter by the commission pursuant to subsection (b) and Section 11-3A-6 and such four-fifths majority vote shall also be required on all matters related to the utilization of the powers granted under this chapter.
(i) Nothing in this chapter shall be construed to allow a county commission to expend any county funds for any improvement on private property.
Section 11-3A-3 Adoption Procedures for Ordinances; Administrative Fees; Penalties.
All ordinances adopted by the county commission pursuant to this chapter shall be kept in a separate book maintained in the county commission office and on a county maintained website if one is available, and shall be available at all times for public inspection.
(b) Prior to the adoption of any ordinance pursuant to subsection (a), the county commission shall post notice of its intention to consider the adoption of the ordinance at the courthouse and at any other place it determines appropriate for a period of no less than 30 days. Notice shall also be published at least twice beginning three weeks prior to the county commission meeting at which the matter will be addressed in all newspapers published in the county that are authorized to publish legal advertisements. All notices shall state the date, time, and location of the meeting at which the proposed ordinance will be considered and shall advise where copies of all proposed ordinances may be obtained for review.
(c) Subject to any limitations set out in the constitution or the general laws of this state, the county commission may utilize the ordinance procedure in this section to establish administrative fees only for the purpose of administering the powers in subsection (a) of Section 11-3A-2, which shall not exceed the actual cost of the implementation and enforcement of any ordinance adopted under authority granted herein.
(d) The powers granted in this chapter shall not be construed to authorize any assessments, rates, charges, fees for services, or other similar monetary impositions not constituting taxes to be made or imposed against any person or property, unless the services related to the assessments, rates, charges, fees for services, or other similar monetary impositions may be provided to the person or the powers related thereto may be exercised with respect to the property.
(e) The county commission may establish and enforce administrative and civil penalties, including fines, for the enforcement of ordinances adopted under authority granted in this chapter. The fine shall not exceed one hundred fifty dollars ($150). Each day the violation continues shall constitute a separate offense, however, the total fine shall not exceed five thousand dollars ($5,000). The ordinances, including any penalties and fines, shall be adopted in accordance with the procedures set out in subsections (a) and (b). All fines and penalties collected shall be paid into the county general fund of the county and earmarked for the administration of the ordinances adopted pursuant to this chapter. Compliance may also be pursued through civil or equitable action filed in the circuit court of the county seeking injunctive relief or other appropriate remedy.
Section 11-3A-4 Alcoholic Beverage Licenses in Class 3 Municipalities with Elected County Commission Chair.
(a) This section shall apply to any county with a Class 3 municipality that has an elected county commission chair.
(b) All other provisions of law, rules, or regulations to the contrary notwithstanding, the Alabama Alcoholic Beverage Control Board may not issue in the unincorporated area of any applicable county any form of license, including, but not limited to, off-premise consumption licenses, restaurant licenses, or club licenses, for the retail sale of any form of intoxicating beverages, including, but not limited to, malt liquor, beer, wine, liquor, or other alcoholic beverage regulated by the board, unless one of the following requirements are satisfied:
(1) The application has first been approved by the county commission.
(2) The denial of approval by the county commission has been set aside by order of the circuit court of the county on the grounds that approval by the county commission was arbitrarily or capriciously denied without a showing of one of the following:
a. The creation of a nuisance.
b. Circumstances clearly detrimental to or which would adversely affect the public health, safety, and welfare of the adjacent residential neighborhoods.
c. A violation of applicable zoning restrictions or regulations.
d. An individual applying for the license has a prior conviction involving the use of alcohol or a controlled substance.
e. The proximity of the business to a school or child care facility and the business hours of the operation will create a harmful environment for the children.
f. The traffic congestion created by licensing the proposed location will endanger others.
g. Any other reason that poses a risk.
(c) A proceeding in the circuit court to review an action of the county commission denying approval of an application shall be an expedited de novo proceeding heard by a circuit judge without a jury who shall consider any testimony presented by the county commission and any new evidence presented in explanation or contradiction of the testimony. Any proceeding to review the denial of approval of a license application shall be commenced within 14 days of the action by the county commission and shall be set for hearing by the court within 30 days thereafter.
(d) Notwithstanding any other provision of law, the county commission may adopt ordinances regulating the location of retail licenses for the sale of alcoholic beverages.
Section 11-3A-5 Referendum Election to Approve Application of Powers.
The powers authorized under this chapter shall be effective in a county only after an affirmative vote of a majority of the qualified electors of the county residing in the unincorporated areas of the county and voting in a referendum election held on the question of whether the powers authorized under this chapter shall be effective in the county. Except as provided in subsection (h) of Section 11-3A-2, the election shall be called upon resolution adopted by affirmative vote of the majority of the members of the county commission. The referendum election shall be conducted in accordance with the election laws of the state and may be held only in conjunction with a primary, general, or special election held for another purpose in the county. In no case may any election authorized by this chapter be held more often than once every 48 months.
Section 11-3A-6 Referendum Election to Repeal Application of Powers.
Except as provided in subsection (h) of Section 11-3A-2, the county commission of a county shall call for a referendum election on the repeal of the application of the powers authorized under this chapter in the county following a resolution of the majority of the county commission or in response to a petition signed by 10 percent of the total number of qualified electors of the county who reside in the unincorporated areas of the county requesting that the application of the powers authorized under this chapter in the county be repealed. The procedures for calling and holding a referendum election provided in Section 11-3A-2 and Section 11-3A-4 shall also apply to a referendum election for the repeal of the application of the powers authorized under this chapter in the county.
Dillon’s Rule versus Home Rule
Unlike municipalities who operate under a system call “Home Rule,” all counties in the state of Alabama operate under a system called “Dillon’s Rule” which means the County Commission only possesses authority to do that which is specifically granted by law approved by the state legislature. If there is no law granting an authority to the County Commission, then the County Commission cannot legally enforce such authority.