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SB361 ENROLLED
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SB361
U9NVSDD-2
By Senator Gudger
RFD: State Governmental Affairs
First Read: 10-Mar-26
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SB361 Enrolled
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First Read: 10-Mar-26
Enrolled, 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 authorize agents of political subdivisions to inspect
violations.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. For purposes of this act, 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.
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doghouse, pole, or tree.
Section 2. (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.
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.
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(2) The dog has continuous access at all times to
adequate food, adequate water, and shelter as described in
Section 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.
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to the Animal Welfare Act, 7 U.S.C. § 2131 et seq.
Section 3. 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 4. 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 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
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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 5. (a) The governing body of a county or
municipality may 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,
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 animal's life is in danger.
(2) Order the owner to 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
owner.
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owner.
(e) Nothing in this act shall prevent or limit a law
enforcement officer from seeking a warrant to enter private
property to enforce this act.
(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 act, provided the
property owner, animal owner, or person responsible for the
dog has not intentionally caused the injury.
Section 6. 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 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 7. Nothing in this act shall be construed to
limit the authority of any law enforcement officer or animal
control officer to enforce applicable animal cruelty or
neglect laws.
Section 8. This act shall become effective on October
1, 2026.
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1, 2026.
________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB361
Senate 12-Mar-26
I hereby certify that the within Act originated in and passed
the Senate.
Patrick Harris,
Secretary.
House of Representatives
Amended and passed: 08-Apr-26
Senate concurred in House amendment 08-Apr-26
By: Senator Gudger
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