Title 3 — Title 3
0 chapters · 98 sections in this title.
Ala. Code § 3-1-1 Keeping of Dog Known to Kill, Etc., Stock Prohibited; Liability of Owner
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for Injuries, Etc., Caused by Same; Liability for Killing of Same. No person shall keep any dog which has been known to kill or worry sheep or other stock without being set upon the same. Any person knowingly keeping such dog is liable for double the value of all stock killed or …
Ala. Code § 3-1-10 Wanton, Malicious, Etc., Destruction, Injury, Etc., of Animal or Article or
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Commodity of Value of Another - Prohibited. Any person, who unlawfully, wantonly or maliciously kills, disables, disfigures, destroys or injures any animal or article or commodity of value which is the property of another must, on conviction, be fined not less than twice the valu…
Ala. Code § 3-1-11 Wanton, Malicious, Etc., Destruction, Injury, Etc., of Animal or Article or
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Commodity of Value of Another — Proof of Trespassing by Animal in Mitigation or Justification of Offense; Tender of Compensation. Upon the trial, the defendant may prove in mitigation or justification, as the jury may determine, that, at the time of the killing, disabling, disfig…
Ala. Code § 3-1-11.1 Killing or Disabling Livestock; Penalty
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(a) Any person, who unlawfully, wantonly, or maliciously kills, disables, disfigures, destroys, or injures the livestock of another while the livestock is on the premises of the owner of the livestock or on the premises of a person having charge thereof shall be guilty of a Class…
Ala. Code § 3-1-13 Right of Officers, Etc., of Humane Societies to Take Charge of and Care
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for Neglected or Abused Animals; Written Notice to Owner from Whom Animal Taken; Lien for Expenses for Care and Keeping of Animal. Any duly authorized officer or employee of a recognized humane society shall have the right to take charge of any animal which is sick or disabled du…
Ala. Code § 3-1-15 Sale, Offer for Sale, Barter, Etc., of Baby Rabbits, Chicks, Ducklings,
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Etc., as Pets or Novelties. It shall be unlawful for any person, firm or corporation to display, sell, offer for sale, barter or give away any baby rabbits, or baby chicks, ducklings or other fowl, but not including parrots, parakeets and canaries, as pets or novelties, regardles…
Ala. Code § 3-1-16 Employment by County Commissions of Persons to Enforce Laws for
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Prevention of Cruelty to Animals; Compensation, Oath and Powers of Same. The county commissions of the respective counties of this state may employ a suitable person or persons who shall be charged specially with the duty of enforcing all laws for the prevention of cruelty to ani…
Ala. Code § 3-1-17 Notification of Owners, Etc., of Dairies Upon Discovery of Cows
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Affected with Tuberculosis. Whenever any regular authorized inspector or his assistant of any city or town in this state shall find that any dairy cow or cows in any dairy in the county or in an adjoining county of such city or town used for the production of milk for the inhabit…
Ala. Code § 3-1-18 Removal from Herd and Slaughter or Isolation of Tuberculous Cows
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Generally; Procedure for Isolation, Retesting, Slaughter, Etc., of Same; Compensation of Owners for Slaughtered Cows, Etc., Determined Not to Have Been Affected by Tuberculosis. The owner or proprietor or manager of any such dairy, upon being notified by such inspector or his ass…
Ala. Code § 3-1-19 Penalties for Violations of Provisions of Sections 3-1-17 and 3-1-18
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Any person, firm, corporation or association violating the provisions of Sections 3-1- 17 and 3-1-18 shall be fined not more than $500.00 and may also be sentenced to imprisonment in the county jail for three months. History: (Acts 1911, No. 503, p. 566; Code 1923, §4446; Code 19…
Ala. Code § 3-1-2 Liability of Owner, Etc., for Injuries Caused by Rabid Dog
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The owner or person in charge of any dog, who knows that such dog has been bitten by a rabid dog or has knowledge of such facts that if followed up would disclose the facts that such dog has been bitten by or exposed to a rabid dog, if such dog becomes a rabid dog and bites any p…
Ala. Code § 3-1-20 Sale or Purchase of Domestic Animals or Fowl Between Sunset and
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Sunrise. Repealed by Act 2015-70 effective April 21, 2015. History: (Code 1907, §6238; Code 1923, §3229; Code 1940, T. 3, §17.)
Ala. Code § 3-1-21 Sale or Exchange of Horse or Mule Affected with Glanders, Etc.; Fee of
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District Attorney. Any person who, by himself or another or as agent for another, shall knowingly sell or exchange any horse or mule subject to the disease or affection known as “choking,” or affected with glanders or some other fatal, contagious or infectious disease must, on co…
Ala. Code § 3-1-22 Sale, Etc., of Mare or Jennet Subject to Lien for Services of Stallion or
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Jack Prior to Payment of Price Stipulated for Such Service. Any person who, with a knowledge of the lien, sells or otherwise disposes of any mare or jennet before the stipulated price for the service of any stallion or jack, for which a lien is given by law, is paid must, on conv…
Ala. Code § 3-1-23 Burning, Cauterizing, Etc., of Teeth of Horse, Mule, Etc., for Purpose of
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Fraudulently Making Horse, Etc., Appear Younger - Prohibited. Repealed by Act 2015-70 effective April 21, 2015. History: (Acts 1935, No. 132, p. 175; Code 1940, T. 3, §20.)
Ala. Code § 3-1-24 Burning, Cauterizing, Etc., of Teeth of Horse, Mule, Etc., for Purpose of
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Fraudulently Making Horse, Etc., Appear Younger - Evidence as to Burning, Etc., of Teeth to Be Substantiated by Veterinarian. Repealed by Act 2015-70 effective April 21, 2015. History: (Acts 1935, No. 132, p. 175; Code 1940, T. 3, §21.)
Ala. Code § 3-1-25 Burning, Cauterizing, Etc., of Teeth of Horse, Mule, Etc., for Purpose of
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Fraudulently Making Horse, Etc., Appear Younger - Effect of Possession of Such Horse, Etc. Repealed by Act 2015-70 effective April 21, 2015. History: (Acts 1935, No. 132, p. 175; Code 1940, T. 3, §22.)
Ala. Code § 3-1-26 Burning, Cauterizing, Etc., of Teeth of Horse, Mule, Etc., for Purpose of
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Fraudulently Making Horse, Etc., Appear Younger — Transportation, Etc., of Such Horse into State. Any person transporting or moving into Alabama, for any purpose whatsoever, any horse, mule or other soliped which has had its teeth burned, cauterized or changed in any manner to ma…
Ala. Code § 3-1-27 Marking, Branding or Altering Mark or Brand of Equine or Equidae, Etc.,
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of Another with Intent to Defraud. Any person who, with intent to defraud, marks or brands any unmarked equine or equidae, cow, hog, sheep, goat, or other domestic animal which is the property of another or alters or defaces the mark or brand of the animal shall, on conviction, b…
Ala. Code § 3-1-28 Burning, Burial, Disposal of Bodies of Dead Animals; Violations
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An owner or custodian of an animal that dies or is killed in his or her possession or custody, other than an animal slaughtered for food, within 24 hours shall burn, bury at least two feet below the surface of the ground, or otherwise dispose of the animal’s body in accordance wi…
Ala. Code § 3-1-29 Activities Relating to Fighting of Dogs Prohibited; Punishment;
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Violations; Confiscation; Procedures for Disposition of Animals; Bond for the Care of Seized Dog; Forfeiture. (a) It shall be a Class C felony for any person to do any of the following: (1) To own, possess, keep, or train any dog with the intent that such dog shall be engaged in …
Ala. Code § 3-1-3 Liability of Owner, Etc., Permitting Vicious or Dangerous Animal to Be at
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Liberty, Etc., for Injuries Caused by Same. When any person owns or keeps a vicious or dangerous animal of any kind and, as a result of his careless management of the same or his allowing the same to go at liberty, and another person, without fault on his part, is injured thereby…
Ala. Code § 3-1-4 Permitting Dog or Hog Known to Kill, Etc., Sheep, Domestic Fowl, Etc.,
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to Run at Large. Any person, who, owning or having in his possession or under his control any dog or hog known to worry or kill sheep, domestic fowls or goats suffers such dog or hog to run at large must, on conviction, be fined not less than $5.00 nor more than $50.00. History: …
Ala. Code § 3-1-5 Permitting Dogs to Run at Large; Applicability of Provisions of Section in
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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 preven…
Ala. Code § 3-1-5.1 Agricultural Work Dogs and Hunting Dogs Exempt from Leash or
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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 b…
Ala. Code § 3-1-6 Liability of Owner, Etc., for Injuries to Livestock, Etc., Caused by Dog
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While Off Premises of Owner, Etc. If any dog, not being at the time on the premises of the owner or person having charge thereof, shall kill or injure any livestock, the owner or person having such dog in charge shall be liable for damages sustained by the killing or maiming of a…
Ala. Code § 3-1-7 Refusal to Permit Dog Guide to Accompany Blind Person into Place of
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Public Accommodation, Etc. No owner, lessee, proprietor, manager, superintendent, agent, or employee of any place of public accommodation, amusement or recreation, including, but not limited to, any inn, hotel, restaurant, eating establishment, barbershop, billiard parlor, store,…
Ala. Code § 3-1-8 Destruction of Certain Abandoned Animals by Members, Etc., of
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Societies for Prevention of Cruelty to Animals. Any agent, officer or member of a duly incorporated society for the prevention of cruelty to animals may lawfully destroy or cause to be destroyed any animal found abandoned and not properly cared for which may appear, in the judgme…
Ala. Code § 3-2-1 Taking Up as Estrays of Equine, Equidae, Etc., Running at Large About
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Residences, Etc. Any person who finds running at large about his or her residence or premises or the residence or premises of which he or she has charge any equine or equidae, cattle, hog, sheep, or goat, the owner of which is unknown, may take up such animal as an estray to be d…
Ala. Code § 3-2-2 Notification of Department of Agriculture and Industries as to Seizure;
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Lien of Seizor for Costs of Keeping Animal, Etc. (a) Within five days after taking up an estray, notice of the seizure of such estray shall be furnished to the Department of Agriculture and Industries, accompanied by a complete description of the animal together with the time and…
Ala. Code § 3-2-20 Duty of Director of Public Safety
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The Director of Public Safety shall provide for taking up and impounding livestock or animals running at large upon state and federal aid highways which have been officially designated as such and regularly and customarily patrolled by the state highway patrol or upon the rights-…
Ala. Code § 3-2-21 Notification of Owner of Animal Taken Up and Impounded; Filing of
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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 numbe…
Ala. Code § 3-2-22 Sale of Animals Taken Up and Impounded
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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 co…
Ala. Code § 3-2-23 Disposition of Fees Collected Under Article
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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. History: (Acts 1951, No. 822, p. 1454, §4.)
Ala. Code § 3-2-3 Investigation of Seizure by Department; Procedure for Return of Animal
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Where Owner Located, Etc. The Department of Agriculture and Industries, upon receipt of a notice from a person who has seized an estrayed animal as provided in Section 3-2-2, shall investigate such seizure in an effort to locate the owner of the animal. In the event the owner is …
Ala. Code § 3-2-4 Publication and Posting of Notice as to Estrayed Animal Where Owner
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Not Located; Return to Owner or Sale of Estray Generally; Procedure for Sale of Unclaimed Estray and Disposition of Proceeds Thereof. (a) If the owner of an estrayed animal seized as provided under Section 3-2-2 is not found after an investigation is conducted by the Department o…
Ala. Code § 3-3-1 Prohibited
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(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 ch…
Ala. Code § 3-3-2 Peace Officers Empowered to Take Up Animals Staked, Pastured, Etc.,
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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. History: (Acts 1967, No. 241, p.…
Ala. Code § 3-3-3 Applicability of Laws as to Estrays, Etc., to Animals Staked, Pastured,
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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. History: (Acts 1967, No. 241, p. 622, §3.)…
Ala. Code § 3-4-1 Requirements as to Construction of Lawful Fences - Generally
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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 paling…
Ala. Code § 3-4-2 Requirements as to Construction of Lawful Fences - Rail Fences for
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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. History: (Code 1852, §1099; Code 1867, §1282; C…
Ala. Code § 3-4-3 Requirements as to Construction of Lawful Fences - Fences of Three or
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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 a…
Ala. Code § 3-4-4 Requirements as to Construction of Lawful Fences - Fences of Seven
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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, …
Ala. Code § 3-4-5 Requirements as to Construction of Lawful Fences - Standard Woven
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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…
Ala. Code § 3-4-6 Liability of Owner of Animal Breaking into Lands Not Enclosed by
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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 pers…
Ala. Code § 3-4-7 Penalty for Setting of Stakes, Pits, Poisons, Etc., by Person Not Having
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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…
Ala. Code § 3-5-1 “Livestock” or “Animal” Defined
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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. History: (Acts 1939, No. 368, p. 487; Code 1940, T. 3, §77…
Ala. Code § 3-5-10 Officer or Person Taking Up Livestock or Animal Entitled to Possession
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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 c…
Ala. Code § 3-5-11 Refunding of Counties or Municipalities Where Livestock or Animals
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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 mun…
Ala. Code § 3-5-12 Proceedings for Recovery of Livestock or Animal by Owner;
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Determination of Validity of Seizure, Amount of Damages, Etc., Where Owner Unknown, Etc.; Fees and Costs of District Court Judge and Officer Making Seizure; Appeals from Judgment of District Court. (a) The owner of any livestock or animal which has been seized shall have the righ…