reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 3 - Animals. › Chapter 2 - Estrays and Animals Running at Large Generally. › Article 2 - Taking Up and Disposition of Animals Running at Large on State and Federal Aid Highways. › Section 3-2-21 - Notification of Owner of Animal Taken Up and Impounded; Filing of Notice With Probate Judge Where Owner Cannot Be Located; Procedure for Recovery of Animal by Owner.

Section 3-2-21
Notification of owner of animal taken up and impounded; filing of notice with probate judge where owner cannot be located; procedure for recovery of animal by owner.
(a) The owner of any livestock taken up and impounded as provided in Section 3-2-20, if known, shall be served personally with notice thereof, which notice shall specify the number and kind of livestock or animals impounded. If the owner of any livestock or animal taken up is unknown or cannot be located, the officer or person taking up the livestock or animal shall, within two days after so taking it up, file a notice in writing with the judge of probate of the county where the livestock or animals were estray. The judge of probate shall record such notice in a book showing a description of the animal and the place where picked up and the date and, for such service, shall be entitled to charge a fee of not exceeding $.50 to be collected from the impounder.
(b) The owner of such livestock or animals shall have the right to secure the return thereof, within 10 days from the date of the notice provided for in subsection (a) of this section, upon the payment of a fee of $10.00 for the first and $1.00 for each additional head of livestock so taken up, not to exceed $100.00 for any one seizure regardless of the number of animals seized, together with the actual cost of feeding the same during the period held, and the probate recording fee.
(Acts 1951, No. 822, p. 1454, §2.)
2023 Code of Alabama › Title 3 - Animals. › Chapter 2 - Estrays and Animals Running at Large Generally. › Article 2 - Taking Up and Disposition of Animals Running at Large on State and Federal Aid Highways. › Section 3-2-22 - Sale of Animals Taken Up and Impounded.

Section 3-2-22
Sale of animals taken up and impounded.
If the owner or his agent shall not reclaim his livestock or animal within the time allowed in this article, the poundkeeper or officer shall sell the same upon giving five days' notice of such sale by publication one time in a newspaper published in the county, said notice to contain a brief description of the livestock or animal to be sold and the time and place of sale, and out of the proceeds he shall pay the cost and expenses of taking up, keeping and caring for such livestock or animal, the cost of the sale and the fees provided for in Sections 3-2-20 through 3-2-23 and the balance, if any, shall be paid to the owner, if known. In the event no newspaper is published in the county, a copy of the notice of the sale shall be posted in at least three public places in the vicinity where the livestock was taken up. All such sales shall be conducted in the county where the livestock was taken up and impounded.
(Acts 1951, No. 822, p. 1454, §3.)
2023 Code of Alabama › Title 3 - Animals. › Chapter 2 - Estrays and Animals Running at Large Generally. › Article 2 - Taking Up and Disposition of Animals Running at Large on State and Federal Aid Highways. › Section 3-2-23 - Disposition of Fees Collected Under Article.

Section 3-2-23
Disposition of fees collected under article.
All fees collected under the provisions of this article shall be paid to the State Treasurer and be credited to the account of a special fund to be expended in furtherance of the purposes of this article.
(Acts 1951, No. 822, p. 1454, §4.)
2023 Code of Alabama › Title 3 - Animals. › Chapter 3 - Staking, Pasturing, etc., of Animals Upon Highway Rights-of-Way. › Section 3-3-1 - Prohibited.

Section 3-3-1
Prohibited.
(a) It shall be unlawful for any person to stake, tie, hobble or pasture any animal of the cow kind, horse, mare, jack, mule, jennet or other equine animal, hog or animal of the swine kind, sheep or goat upon the right-of-way of any highway in this state.
(b) Any person having charge of or owning any such animal who knowingly permits such animal to be staked, tied, hobbled or pastured on the right-of-way of any highway in this state shall be guilty of a misdemeanor and shall be punished as provided by law for misdemeanors.
(Acts 1967, No. 241, p. 622, §§1, 4.)
2023 Code of Alabama › Title 3 - Animals. › Chapter 3 - Staking, Pasturing, etc., of Animals Upon Highway Rights-of-Way. › Section 3-3-2 - Peace Officers Empowered to Take Up Animals Staked, Pastured, etc., on Highway.

Section 3-3-2
Peace officers empowered to take up animals staked, pastured, etc., on highway.
Every peace officer of this state is empowered to take up any such animal staked, tied, hobbled or pastured on any highway in this state in the same manner as is provided by law for the taking up of estrays or animals running at large.
(Acts 1967, No. 241, p. 622, §2.)
2023 Code of Alabama › Title 3 - Animals. › Chapter 3 - Staking, Pasturing, etc., of Animals Upon Highway Rights-of-Way. › Section 3-3-3 - Applicability of Laws as to Estrays, etc., to Animals Staked, Pastured, etc., on Highway Right-of-Way.

Section 3-3-3
Applicability of laws as to estrays, etc., to animals staked, pastured, etc., on highway right-of-way.
All provisions of any law concerning estrays or animals running at large shall apply with equal force to any such animal staked, tied, hobbled or pastured on the right-of-way of any highway in this state.
(Acts 1967, No. 241, p. 622, §3.)
2023 Code of Alabama › Title 3 - Animals. › Chapter 4 - Fences and Livestock. › Section 3-4-1 - Requirements as to Construction of Lawful Fences - Generally.

Section 3-4-1
Requirements as to construction of lawful fences - Generally.
All inclosures and fences must be made at least five feet high, unless otherwise provided in this chapter. If the fence is made of rails, the rails must be not more than four inches apart from the ground to the height of every two feet. If the fence is made of palings, the palings must be not more than three inches apart. If the fence is made with a ditch, such ditch must be four feet wide at the top and the fence, of whatever material composed, at least five feet high from the bottom of the ditch and three feet high from the top of the bank and so close as to prevent stock of any kind from getting through.
(Code 1852, §1099; Code 1867, §1282; Code 1876, §1586; Code 1886, §1364; Code 1896, §2110; Code 1907, §4240; Code 1923, §7969; Code 1940, T. 3, §61.)
2023 Code of Alabama › Title 3 - Animals. › Chapter 4 - Fences and Livestock. › Section 3-4-2 - Requirements as to Construction of Lawful Fences - Rail Fences for Cattle and Equine or Equidae.

Section 3-4-2
Requirements as to construction of lawful fences - Rail fences for cattle and equine or equidae.
A rail fence five feet high, with the rails not more than 18 inches apart from the ground to the height of every three feet, shall be a lawful fence so far as cattle and equine or equidae are concerned.
(Code 1852, §1099; Code 1867, §1282; Code 1876, §1586; Code 1886, §1364; Code 1896, §2110; Code 1907, §4240; Code 1923, §7969; Code 1940, T. 3, §61; Act 2004-627, p. 1421, §1.)
2023 Code of Alabama › Title 3 - Animals. › Chapter 4 - Fences and Livestock. › Section 3-4-3 - Requirements as to Construction of Lawful Fences - Fences of Three or More Wires for Cattle and Equine or Equidae.

Section 3-4-3
Requirements as to construction of lawful fences - Fences of three or more wires for cattle and equine or equidae.
A fence made of three or more wires securely fastened to trees or posts not more than eight feet apart, the wires being not more than 15 inches apart and the top wire at least four feet from the ground, shall be a lawful fence so far as concerns equine or equidae and cattle.
(Code 1896, §2111; Code 1907, §4241; Code 1923, §7970; Code 1940, T. 3, §62; Act 2004-627, p. 1421, §1.)
2023 Code of Alabama › Title 3 - Animals. › Chapter 4 - Fences and Livestock. › Section 3-4-4 - Requirements as to Construction of Lawful Fences - Fences of Seven or More Wires for Livestock Generally.

Section 3-4-4
Requirements as to construction of lawful fences - Fences of seven or more wires for livestock generally.
A fence made of seven or more wires securely fastened to trees or posts not more than eight feet apart, the first four wires being of four-inch barb and not over four inches apart, commencing with the first wire four inches from the ground, the fifth wire not over six inches from the fourth, the sixth wire not over eight inches from the fifth and the seventh wire 15 inches from the sixth, shall be a lawful fence against all stock whatsoever.
(Code 1896, §2112; Code 1907, §4242; Code 1923, §7971; Code 1940, T. 3, §63.)
2023 Code of Alabama › Title 3 - Animals. › Chapter 4 - Fences and Livestock. › Section 3-4-5 - Requirements as to Construction of Lawful Fences - Standard Woven Wire Fences.

Section 3-4-5
Requirements as to construction of lawful fences - Standard woven wire fences.
The following shall be lawful fences against all livestock:
(1) A standard woven wire fence with 10 line wires and stay wires not over 12 inches apart 47 inches high, the bottom wire resting on the ground, the line wires, beginning at the bottom, spaced not more than three to three and a half, four to four and a half, five to five and a half, six, seven and eight inches apart;
(2) A standard woven wire fence with stay wires not over 12 inches apart not less than 36 inches high, the bottom wire resting on the ground, the first eight wires beginning at the bottom, spaced not more than three to three and a half, four to four and a half, five to five and a half and six inches apart, with two wires being of not more than four inch barb, spaced so as to make the fence 48 inches high and securely fastened to trees or posts not more than 10 feet apart.
(Code 1923, §7972; Code 1940, T. 3, §64.)
2023 Code of Alabama › Title 3 - Animals. › Chapter 4 - Fences and Livestock. › Section 3-4-6 - Liability of Owner of Animal Breaking Into Lands Not Enclosed by Lawful Fence for Trespass or Damages; Liability of Person Injuring or Destroying Such Animal.

Section 3-4-6
Liability of owner of animal breaking into lands not enclosed by lawful fence for trespass or damages; liability of person injuring or destroying such animal.
(a) If any trespass or damage is done by any animal breaking into lands not enclosed by a lawful fence as defined in this chapter, the owner shall not be liable therefor.
(b) If any person injures or destroys any such animal, he shall be liable to the owner for five times the amount of injury done, to be recovered before any court of competent jurisdiction.
(Code 1852, §1100; Code 1867, §1283; Code 1876, §1587; Code 1886, §1365; Code 1896, §2113; Code 1907, §4245; Code 1923, §7975; Code 1940, T. 3, §65.)
2023 Code of Alabama › Title 3 - Animals. › Chapter 4 - Fences and Livestock. › Section 3-4-7 - Penalty for Setting of Stakes, Pits, Poisons, etc., by Person Not Having Fence as Prescribed in Chapter.

Section 3-4-7
Penalty for setting of stakes, pits, poisons, etc., by person not having fence as prescribed in chapter.
If any person, not having a fence as prescribed in this chapter sets in his inclosure any stakes, pits, poison or anything which may injure or kill an animal or stock, such person shall forfeit $50.00 for every such act to any person instituting an action for the same. Any stakes, pits or poison on any such lands are presumptive evidence that the same were set by the person in charge of such land.
(Code 1852, §1101; Code 1867, §1284; Code 1876, §1588; Code 1886, §1366; Code 1896, §2114; Code 1907, §4246; Code 1923, §7976; Code 1940, T. 3, §66.)
2023 Code of Alabama › Title 3 - Animals. › Chapter 5 - Stock Laws. › Section 3-5-1 - "Livestock" or "Animal" Defined.

Section 3-5-1
"Livestock" or "animal" defined.
The term "livestock" or "animal," where it occurs in this chapter, shall be held to be limited to and to refer to equine or equidae, cows, calves, yearlings, bulls, oxen, sheep, goats, lambs, kids, hogs, shoats, and pigs.
(Acts 1939, No. 368, p. 487; Code 1940, T. 3, §77; Act 2004-627, p. 1421, §1.)
2023 Code of Alabama › Title 3 - Animals. › Chapter 5 - Stock Laws. › Section 3-5-2 - Permitting Livestock or Animals to Run at Large Upon Premises of Another Without Permission or Upon Public Lands, Highways, etc., Generally.

Section 3-5-2
Permitting livestock or animals to run at large upon premises of another without permission or upon public lands, highways, etc., generally.
(a) It shall be unlawful for the owner of any livestock or animal, as defined in Section 3-5-1, to knowingly, voluntarily, negligently or wilfully permit any such livestock or animal to go at large in the State of Alabama either upon the premises of another or upon the public lands, highways, roads or streets in the State of Alabama.
(b) Nothing in this section or elsewhere in this chapter shall be construed to make it unlawful for livestock or other animals to run at large on the premises of another when the owner or person in charge of the premises has consented in writing to let livestock or other animals run at large on the same or to subject the owner of such livestock or other animals to criminal prosecution therefor.
(c) There shall be no "open range" counties in this state. This section shall apply to all counties within the state.
(d) Any person or persons owning or having the possession, custody or control of any livestock who unlawfully and knowingly permit the same to run or be at large, shall be guilty of a misdemeanor, and, on conviction, shall be fined not less than double the damages sustained by the injured party or parties, but in no case more than $50.00, one half of such fine to go to the injured party or parties, and may also be imprisoned in the county jail or sentenced to hard labor for the county for a term not exceeding six months at the discretion of the court trying the case.
(Acts 1909, No. 50, p. 41; Code 1923, §3224; Acts 1939, No. 368, p. 487; Code 1940, T. 3, §§78, 93(1), 95; Acts 1951, No. 53, p. 266, §1.)
2023 Code of Alabama › Title 3 - Animals. › Chapter 5 - Stock Laws. › Section 3-5-3 - Liability of Owner for Damages Done by Livestock or Animals Running at Large; Judgment Lien Upon Animal or Livestock Causing Damage.

Section 3-5-3
Liability of owner for damages done by livestock or animals running at large; judgment lien upon animal or livestock causing damage.
(a) The owner of such livestock or animal being or running at large upon the premises of another or upon the public lands, roads, highways or streets in the State of Alabama shall be liable for all damages done to crops, shade or fruit trees or ornamental shrubs and flowers of any person, to be recovered before any court of competent jurisdiction; provided, that the owner of any stock or animal shall not be liable for any damages to any motor vehicle or any occupant thereof suffered, caused by or resulting from a collision with such stock or other animal, unless it be proven that such owner knowingly or wilfully put or placed such stock upon such public highway, road or street where such damages were occasioned.
(b) The judgment of the court against the owner of such livestock or animal so depredating shall be a lien superior to all other liens on the livestock or animal causing the damage, except as to taxes.
(Acts 1939, No. 368, p. 487; Code 1940, T. 3, §79.)
2023 Code of Alabama › Title 3 - Animals. › Chapter 5 - Stock Laws. › Section 3-5-4 - Taking Up of Livestock or Animals Running at Large by Highway Patrol, etc.; Notification of Owner Thereof Generally.

Section 3-5-4
Taking up of livestock or animals running at large by highway patrol, etc.; notification of owner thereof generally.
Any state trooper, the sheriff and his deputies of any county, or the constable of any precinct or any law enforcement officer of any municipality shall take possession of any livestock or animal found at large upon the premises of another or upon the public lands, roads, highways or streets in the State of Alabama, and the owner of such livestock or animal, when so taken up, shall be notified personally or the owner may be notified by leaving a written notice at the usual place of residence of such owner, within 24 hours after the taking up of such livestock or animal.
(Acts 1939, No. 368, p. 487.)
2023 Code of Alabama › Title 3 - Animals. › Chapter 5 - Stock Laws. › Section 3-5-5 - Recovery of Livestock or Animals by Owner Upon Payment of Fees, Damages and Costs of Feeding Animals; Disposition of Fees, Damages, Etc.

Section 3-5-5
Recovery of livestock or animals by owner upon payment of fees, damages and costs of feeding animals; disposition of fees, damages, etc.
The owner of the livestock or animal shall have the right to secure such livestock or animal upon the payment of a fee of $1.00 for each head of livestock or animal taken up to the officer taking up such livestock or animal upon the public lands, highways, streets or roads in the State of Alabama, together with such damages, if any, as may have been suffered by any person and the actual cost of feeding such animal during the period held by such officer if there have been no proceedings in court. Upon such payment being made, the fee of $1.00 for taking up the animal shall be paid to the officer making the seizure and the amount collected as damages and the actual cost of feeding the animal shall be paid over to the person damaged and to the person at whose expense such animal was fed during the period of retention; provided, that for any seizure, if more than one animal be taken up, an additional fee of $.50 shall be paid for each such additional head of livestock or animal so taken up, but no fee shall be paid over and above $5.00, notwithstanding the number of animals so taken up.
(Acts 1939, No. 368, p. 487; Code 1940, T. 3, §81.)
2023 Code of Alabama › Title 3 - Animals. › Chapter 5 - Stock Laws. › Section 3-5-6 - Taking Up of Livestock or Animals Running Uncontrolled on Lands of Another by Owner, etc., of Said Lands; Notification of Owner of Livestock or Animals Generally.

Section 3-5-6
Taking up of livestock or animals running uncontrolled on lands of another by owner, etc., of said lands; notification of owner of livestock or animals generally.
Any person who is the owner of or in the lawful possession of any land or the agent of any such person shall have the right to take possession of any livestock or animal found at large, uncontrolled, on his premises or on premises of which he has charge and the owner of such livestock or animal, when so taken up, shall be personally notified or, if the owner cannot be found, the owner may be notified by leaving a written notice at the usual place of residence of such owner, within 24 hours after the taking up of such livestock or animal, and by posting notice as provided in Section 3-5-8.
Anything in this chapter to the contrary notwithstanding, the word "uncontrolled," as used in this chapter shall in no case be construed to prohibit the driving of any animal or stock over, upon or along the public streets and highways of this state by the owner thereof or his duly authorized agent.
(Acts 1939, No. 368, p. 487; Code 1940, T. 3, §82.)
2023 Code of Alabama › Title 3 - Animals. › Chapter 5 - Stock Laws. › Section 3-5-7 - Filing of Statement Where Owner of Livestock or Animal Taken Up Unknown, Not Resident of County, Etc.

Section 3-5-7
Filing of statement where owner of livestock or animal taken up unknown, not resident of county, etc.
(a) If the owner of any livestock or animal found at large and uncontrolled on the premises of another or upon the public lands, highways, roads or streets in the State of Alabama is unknown or if the owner is known but has no place of residence within the county where the livestock or animal is taken up or cannot be located, the officer or person taking up the livestock or animal shall, within two days after so taking up, file a statement in writing with the district court.
(b) Such statement shall set forth:
(1) The name and address of the person taking up the livestock or animal, or, if an officer, the name, address and official designation of the officer taking up the livestock or animal;
(2) A description of the livestock or animal as to kind, sex, marks, brand, color and apparent age;
(3) Where the livestock or animal was taken up and where it is impounded;
(4) The amount of damage claimed;
(5) The amount of charges claimed for taking up and caring for the livestock or animals; and,
(6) The amount of the officer's fee and the cost of feeding and caring for such livestock or animal during such detention if the livestock or animal is taken up by an officer.
(Acts 1939, No. 368, p. 487; Code 1940, T. 3, §83.)
2023 Code of Alabama › Title 3 - Animals. › Chapter 5 - Stock Laws. › Section 3-5-9 - Proceedings and Entry of Judgment Discharging Livestock or Animal, etc., Where Same Adjudged Not Unlawfully at Large.

Section 3-5-9
Proceedings and entry of judgment discharging livestock or animal, etc., where same adjudged not unlawfully at large.
If on the trial of any action or proceeding brought under this chapter it is ascertained and adjudged by the judge of the district court that the livestock or animal taken up by the party complaining was not unlawfully at large upon the premises of another or upon the public lands, highways, roads or streets in the State of Alabama, he shall enter a judgment directing that such livestock or animal be discharged and taxing the party complaining with all the costs.
(Acts 1939, No. 368, p. 487; Code 1940, T. 3, §85.)
2023 Code of Alabama › Title 3 - Animals. › Chapter 5 - Stock Laws. › Section 3-5-10 - Officer or Person Taking Up Livestock or Animal Entitled to Possession Thereof Until Judgment and Costs of Keeping and Caring for Livestock or Animal Paid.

Section 3-5-10
Officer or person taking up livestock or animal entitled to possession thereof until judgment and costs of keeping and caring for livestock or animal paid.
The person or officer taking up such livestock or animal shall be entitled to possession thereof until the judgment which may be recovered as provided in this chapter is paid, together with the costs of the same and the cost of keeping and caring for such livestock or animal after such judgment or until the same is sold under execution to satisfy said judgment; provided, that the cost of keeping and caring for such livestock or animal under such circumstances shall be upon the same basis as that previously determined as a proper charge for the maintenance of such livestock or animal prior to the entering of such judgment.
(Acts 1939, No. 368, p. 487; Code 1940, T. 3, §86.)
2023 Code of Alabama › Title 3 - Animals. › Chapter 5 - Stock Laws. › Section 3-5-11 - Refunding of Counties or Municipalities Where Livestock or Animals Kept and Fed in County or Municipal Pounds.

Section 3-5-11
Refunding of counties or municipalities where livestock or animals kept and fed in county or municipal pounds.
In counties or municipalities where livestock or animal pounds are maintained, any person or officer seizing any livestock or animal may deliver such livestock or animal so seized to the poundkeeper for safekeeping and the county or municipality shall be refunded any amounts which may be expended for keeping and feeding any livestock or animal as provided in this chapter.
(Acts 1939, No. 368, p. 487; Code 1940, T. 3, §87.)
2023 Code of Alabama › Title 3 - Animals. › Chapter 5 - Stock Laws. › Section 3-5-13 - Procedure for Sale of Livestock or Animal When Not Reclaimed by Owner, etc.; Disposition of Proceeds of Sale.

Section 3-5-13
Procedure for sale of livestock or animal when not reclaimed by owner, etc.; disposition of proceeds of sale.
If the owner or his agent shall not, when he has made no bond, reclaim his livestock or animal within 24 hours after the judge of the district court shall have ascertained such damages, then the judge of the district court shall order the same sold by a constable of the precinct or by someone appointed to act as such or by the sheriff or his deputy or by the law enforcement officer of a municipality. Such officer, upon the making of such order, shall sell the same upon giving five days' notice of such sale by publication one time in a newspaper published in the county, said notice to contain a brief description of the livestock or animal to be sold and the time and place of sale. But out of the proceeds such officer shall pay the costs and expenses and damages due the plaintiff and the expenses of taking up, keeping and caring for such livestock or animal, and the balance must be paid to the owner of such livestock or animal, if known, and if not known, then into the county treasury or the treasury of the municipality. The officer making the sale shall be entitled to $1.00 for making such sale and posting the notices.
(Acts 1939, No. 368, p. 487; Code 1940, T. 3, §89.)
2023 Code of Alabama › Title 3 - Animals. › Chapter 5 - Stock Laws. › Section 3-5-14 - Authority of Municipalities to Adopt Ordinances; Municipal Ordinances Not Repealed.

Section 3-5-14
Authority of municipalities to adopt ordinances; municipal ordinances not repealed.
(a) The governing bodies of all cities or towns may adopt all such ordinances and laws as shall be necessary to prevent the running at large within the limits of the municipality of all livestock or animals and to take up and impound all such livestock or animals found so running at large and to fix, prescribe and provide for the collection of penalties and impounding fees for all such livestock or animals so taken up and impounded.
(b) This chapter shall not be construed to repeal any municipal stock law.
(Code 1907, §5898; Code 1923, §10224; Acts 1939, No. 368, p. 487; Code 1940, T. 3, §§94, 101.)
2023 Code of Alabama › Title 3 - Animals. › Chapter 6 - Liability of Owners of Dogs Biting or Injuring Persons. › Section 3-6-1 - Liability of Owner of Dog for Injuries to Person Bitten or Injured While Upon Property Owned or Controlled by Owner, Etc.

Section 3-6-1
Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc.
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.
(Acts 1953, No. 320, p. 379, §1.)
2023 Code of Alabama › Title 3 - Animals. › Chapter 6 - Liability of Owners of Dogs Biting or Injuring Persons. › Section 3-6-2 - When Person Deemed Lawfully on Property of Owner of 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.
(Acts 1953, No. 320, p. 379, §3.)
2023 Code of Alabama › Title 3 - Animals. › Chapter 6 - Liability of Owners of Dogs Biting or Injuring Persons. › Section 3-6-3 - Mitigation of Damages.

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.
(Acts 1953, No. 320, p. 379, §2.)
2023 Code of Alabama › Title 3 - Animals. › Chapter 6 - Liability of Owners of Dogs Biting or Injuring Persons. › Section 3-6-4 - Construction of Chapter.

Section 3-6-4
Construction of chapter.
Nothing in this chapter shall be construed as diminishing any right or liability for injury by dog bites now existing under the laws of this state.
(Acts 1953, No. 320, p. 379, §4.)
2023 Code of Alabama › Title 3 - Animals. › Chapter 6A - Control of Dangerous Dogs › Section 3-6A-2 - Legislative Findings.

Section 3-6A-2
Legislative findings.
The Legislature finds that certain dogs are an increasingly serious and widespread threat to the safety and welfare of citizens of this state by virtue of their unjustified attacks on and associated injury to individuals; that these attacks are in part attributable to the failure of owners to confine and properly train and control these dogs; that existing laws inadequately address this problem; and that it is therefore appropriate and necessary to impose a uniform set of state requirements on the owners of dangerous dogs.
(Act 2018-182, §2.)
2023 Code of Alabama › Title 3 - Animals. › Chapter 6A - Control of Dangerous Dogs › Section 3-6A-3 - Definitions.

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.
(Act 2018-182, §3.)
2023 Code of Alabama › Title 3 - Animals. › Chapter 6A - Control of Dangerous Dogs › Section 3-6A-5 - Violations.

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.
(Act 2018-182, §1.)
2023 Code of Alabama › Title 3 - Animals. › Chapter 6A - Control of Dangerous Dogs › Section 3-6A-6 - Construction With Other Laws; Penalties.

Section 3-6A-6
Construction with other laws; penalties.
Nothing in this chapter shall be construed to repeal other criminal laws. Whenever conduct prescribed by this chapter is also prescribed by any other provision of law, the provision which carries the more serious penalty shall be applied.
(Act 2018-182, §1.)
2023 Code of Alabama › Title 3 - Animals. › Chapter 6A - Control of Dangerous Dogs › Section 3-6A-7 - Construction and Application of Chapter.

Section 3-6A-7
Construction and application of chapter.
(a) Nothing in this chapter shall be construed to restrict or negate the requirements of the rabies control law contained in Sections 3-7A-1 to 3-7A-15, inclusive.
(b) Nothing in this chapter is designed to abrogate any civil remedies available under statutory or common law.
(c) Nothing in this chapter shall be construed to restrict the power of any county or municipality to adopt and enforce ordinances or regulations that comply with at least the minimum applicable standards set forth in this chapter.
(d) Nothing in this chapter shall be construed to require any county or municipality to employ or make available an animal control officer.
(Act 2018-182, §7.)
2023 Code of Alabama › Title 3 - Animals. › Chapter 7A - Rabies. › Section 3-7A-1 - Definitions.

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.
(Acts 1990, No. 90-530, p. 816, §1; Act 2009-636, p. 1949, §1.)
2023 Code of Alabama › Title 3 - Animals. › Chapter 7A - Rabies. › Section 3-7A-3 - Immunization Fee.

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.
(Acts 1990, No. 90-530, p. 816, §3; Act 2009-636, p. 1949, §1.)
2023 Code of Alabama › Title 3 - Animals. › Chapter 7A - Rabies. › Section 3-7A-4 - Issuance of Tag.

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.
(Acts 1990, No. 90-530, p. 816, §4.)
2023 Code of Alabama › Title 3 - Animals. › Chapter 7A - Rabies. › Section 3-7A-5 - Replacement of Tag and Certificate.

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.
(Acts 1990, No. 90-530, p. 816, §5; Act 2009-636, p. 1949, §1.)
2023 Code of Alabama › Title 3 - Animals. › Chapter 7A - Rabies. › Section 3-7A-6 - Penalty for Dog or Cat Without Tag or Certificate.

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.
(Acts 1990, No. 90-530, p. 816, §6.)
2023 Code of Alabama › Title 3 - Animals. › Chapter 7A - Rabies. › Section 3-7A-7 - Maintenance of Pound; Notice of Impoundment.

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.
(Acts 1990, No. 90-530, p. 816, §7; Act 2009-636, p. 1949, §1.)
2023 Code of Alabama › Title 3 - Animals. › Chapter 7A - Rabies. › Section 3-7A-8 - Destruction of Impounded Dogs, Cats, and Ferrets; When Authorized; Redemption by Owner; Adoption of Animals.

Section 3-7A-8
Destruction of impounded dogs, cats, and ferrets; when authorized; redemption by owner; adoption of animals.
All dogs, cats, and ferrets which have been impounded in accordance with the provisions of this chapter, after notice is given to the owner as provided in Section 3-7A-7, may be humanely destroyed and disposed of when not redeemed by the owner within seven days. In case the owner of an impounded animal desires to redeem the animal, he or she may do so on the following condition: He or she shall pay for the immunization of the animal and a penalty equal to the minimum fine established in Section 3-7A-6 if a certificate of current immunization cannot be produced, and for the board of the animal for the period for which it was impounded. The amount paid for the board of the animal shall accrue to the credit of the city or county, depending upon the jurisdiction of the pound in which the animal was confined. At his or her discretion, the impounding officer may provide for adoption of any animal not redeemed or claimed or otherwise disposed of, to any person desiring the animal, if the person complies with all the provisions of this chapter.
(Acts 1990, No. 90-530, p. 816, §8; Act 2009-636, p. 1949, §1.)
2023 Code of Alabama › Title 3 - Animals. › Chapter 7A - Rabies. › Section 3-7A-10 - Destruction of Domesticated Species Exposed to Rabid Animal; Optional Quarantine.

Section 3-7A-10
Destruction of domesticated species exposed to rabid animal; optional quarantine.
Those domesticated species, for which rabies vaccine is recognized and recommended, upon exposure or potential exposure to a known rabid animal, shall be humanely destroyed or slaughtered immediately. Provided, however, the owner has the option of quarantining the animal or animals based on the recommendations of the Alabama Department of Public Health upon consultation with the U.S. Public Health Service.
(Acts 1990, No. 90-530, p. 816, §10; Act 2009-636, p. 1949, §1.)
2023 Code of Alabama › Title 3 - Animals. › Chapter 7A - Rabies. › Section 3-7A-11 - County Rabies Officer; Application; Appointment; Term; Powers and Duties; Authority of County Board of Health.

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.
(Acts 1990, No. 90-530, p. 816, §11; Act 2009-636, p. 1949, §1.)
2023 Code of Alabama › Title 3 - Animals. › Chapter 7A - Rabies. › Section 3-7A-12 - Penalty for Violations.

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.
(Acts 1990, No. 90-530, p. 816, §12; Act 2009-636, p. 1949, §1.)
2023 Code of Alabama › Title 3 - Animals. › Chapter 7A - Rabies. › Section 3-7A-13 - Placement of Area Under Quarantine; Additional Measures.

Section 3-7A-13
Placement of area under quarantine; additional measures.
(a) The State Health Officer, upon request of authorized local officials, may place certain areas of the state under a rabies quarantine to prevent the spread of rabies. In extreme situations, the State Health Officer may place the area under quarantine without waiting for local request.
(b) Whenever the State Health Officer or local health authorities are convinced that the situation is conducive to the spread of rabies, additional measures may be imposed as are deemed necessary to prevent the spread of rabies among dogs, cats, and other animals.
(Acts 1990, No. 90-530, p. 816, §13.)