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HB446 INTRODUCED
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HB446
U93CJDG-1
By Representatives Ensler, Rafferty
RFD: Agriculture and Forestry
First Read: 12-Feb-26
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U93CJDG-1 02/06/2026 ZAK (L) ZAK 2025-2727
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First Read: 12-Feb-26
SYNOPSIS:
Under existing law, animals are afforded
protections regarding their care in this state.
This bill would require certain methods be used
when tethering or confining a dog.
This bill would require certain minimum care be
provided to dogs kept outside using one of these
methods.
This bill would exempt certain persons and
activities from these requirements.
This bill would provide a criminal penalty for
tethering or confining a dog in violation of this act.
This bill would also provide for county and
municipal animal control officers to inspect and
enforce violations of this act.
A BILL
TO BE ENTITLED
AN ACT
Relating to dogs; to provide methods for tethering and
confining dogs; to provide certain standards of care for dogs
kept outside; to exempt certain persons and activities; to
provide criminal penalties for violations; and to provide for
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provide criminal penalties for violations; and to provide for
political subdivisions' agents to inspect violations.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall be known and may be cited as
the Alabama Dog Tethering and Outdoor Shelter Act.
Section 2. For purposes of this act, the following
terms have the following meanings:
(1) ADEQUATE FOOD. Food that is sufficient in amount
and is appropriate for the particular type of dog to prevent
starvation or a significant risk to the dog's health from lack
of food. The term includes palatable, uncontaminated, and
nutritionally appropriate food that is fed according to
species requirements or as directed by a veterinarian.
(2) ADEQUATE WATER. Water that is sufficient in amount
and is appropriate for the particular type of dog to prevent
dehydration or a significant risk to the dog's health from
lack of water. The term includes potable water offered to dogs
at suitable intervals according to the species requirements or
as directed by a veterinarian.
(3) PROPERLY FITTED. When a collar or harness is worn
by a dog, all of the following apply:
a. Appropriately sized for a dog based on the dog's
measurement and body weight.
b. Does not choke a dog or impede the dog's normal
breathing or swallowing.
c. Does not cause discomfort, pain, or injury to the
dog.
Section 3. (a)(1) A person may not leave or keep a dog
chained or tethered to a stationary object, including a
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chained or tethered to a stationary object, including a
structure, doghouse, pole, or tree unless the dog is tethered
to a trolley system that satisfies all of the following:
a. The tether is designed for dogs.
b. The tether does not weigh more than one-eighth of
the dog's body weight.
c. The trolley system does not allow the dog to leave
the property of the owner or keeper.
d. Only one dog is tethered to each cable attached to
the trolley system.
e. The tether is attached to a properly fitted collar
or harness worn by the dog.
f. The tether has a swivel on both ends to minimize
tangling of the collar.
g. The tether and cable run are both at least 10 feet
in length and the cable run is secured at least four feet, but
not more than seven feet, above ground level.
h. The length of the tether from the cable run to the
dog's collar or harness allows continuous access at all times
to adequate food and adequate water and shelter as described
in Section 4.
i. The trolley system is of an appropriate
configuration to confine the dog to the property of the owner
or keeper, prevent the cable run and tether from extending
over an object or edge that could result in injury or
strangulation of the dog, and prevent the cable run and tether
from becoming tangled with other objects or animals.
(2) A logging chain or other line or device not
designed or intended for tethering a dog, or a choke collar or
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designed or intended for tethering a dog, or a choke collar or
pinch collar, may not be used to indefinitely tether a dog.
(b) A person may not keep a dog confined unless the dog
is confined in accordance with either of the following:
(1)a. Within a secure enclosure that has adequate space
for exercise depending upon the age, size, breed, and weight
of the dog.
b. The secure enclosure is constructed with chain link
or other sturdy material, with all four sides enclosed and
with a minimum height sufficient to confine the dog.
(2) Confined in a fully fenced, including
electronically fenced, or otherwise securely enclosed yard
where the dog has the ability to run but is unable to leave
the yard.
(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) The temporary tethering of a dog at any campsite,
recreation area, or home.
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recreation area, or home.
(6) A licensed grooming shop or facility during the
grooming of a dog.
(7) Any emergency circumstance during which tethering a
dog is necessary but not exceeding a reasonable amount of time
with respect to the weather.
Section 4. In addition to any other requirement by law,
a person leaving or keeping a dog confined or tethered 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 adequate bedding for cold weather when
necessary.
(2) Has a roof, walls, and a solid floor.
(3) Is constructed or manufactured of durable materials
and provides adequate ventilation.
(4) Has adequate space for the dog to stand up, turn
around, lie down in a normal position, and extend its limbs.
(5) Is free from accumulated waste, standing water, and
debris.
(6) Allows the dog unlimited access to the shelter.
Section 5. This act 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 walking a dog on a leash.
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(2) An individual walking a dog on a leash.
(3) An individual tethering a dog near a place of
business while the individual is inside or otherwise
interacting with the business, subject to the following
conditions:
a. The dog is tethered for a reasonable amount of time
with respect to the weather .
b. The dog is tethered in a reasonable location near
the place of business.
Section 6. (a) The governing body of a county or
municipality may, but is not required to, appoint one or more
animal control officers to investigate alleged violations of
this act. An investigating officer shall not be required to be
a certified law enforcement officer.
(b) Upon having probable cause that a violation of this
act has occurred, a certified law enforcement officer may do
either of the following:
(1) Remove a dog from its present location if he or she
believes the animal's life is in danger; or
(2) Order the owner provide care to the dog at the
owner's expense to comply with this act.
(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, Code of Alabama 1975.
(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 act,
regardless of whether a dog that is removed is returned to its
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regardless of whether a dog that is removed is returned to its
owner.
Section 7. A person who violates this act shall pay the
full costs of boarding and providing veterinarian care to the
dog and be guilty of a Class A misdemeanor.
Section 8. This act shall become effective on October
1, 2026.
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