AL BSL Ordinances

**Not Complete**
---------------
-------------------------------------------------------------------------UNCONSTITUTIONAL
Orange Beach
Restrictions
Enforced
Confirmed
Warrior
Ban
Enforced
Confirmed
BSL in Alabama
Location
Albertville
Anniston
Center Point
Clay
Fayette
Fultondale
Gadsden
Gardendale
Gurley
Irondale
Lanett
Midfield
Orange Beach
Warrior
Type
Restrictions: Declared "dangerous"
Restrictions: Declared "vicious"
Ban
Ban - Ruled unconstitutional Sept 2014
Ban
Ban
Resrtictions: Declared "Dangerous
Ban
Restrictions: See Ordinance
Ban
Ban
Ban
Restrictions: Bans "fighting breeds"
Ban
Status
Enforced
Enforced
Enforced
Overturned
Enforced
Enforced
Enforced
Enforced
Enforced
Enforced
Enforced
Enforced
Enforced
Enforced
ORDINANCE NO: 07-O-12

AN ORDINANCE AMENDING THE ANIMAL CONTROL ORDINANCE FOR THE
CITY OF ANNISTON
BE IT ORDAINED by the City Council of the City of Anniston, Alabama, as follows:
Chapter 4, Animal Control, of the Code of Ordinances for the City of Anniston, Alabama
shall be and the same is hereby amended to read as follows:
WHEREAS, potentially dangerous and vicious animals have become a serious and
widespread threat to the safety and welfare of citizens of this city and in recent years, they have
assaulted without provocation and seriously injured numerous individuals and have killed
numerous other animals; and whereas many of these attacks have occurred in public places; and
WHEREAS, the number and severity of these attacks are attributable to the failure of
owners to register, confine, and properly control vicious and potentially dangerous dogs and
other animals; and
WHEREAS, the necessity for the regulation and control of vicious and potentially
dangerous dogs and other animals is a city-wide problem, requiring city-wide regulation, and
existing laws are inadequate to deal with the threat to public health and safety posed by vicious
and potentially dangerous dogs and other animals, the animal control regulations for the City of
Anniston are hereby amended as follows:
Section 1:
Definitions
For the purpose of this article, words used in the present tense include the future, the
singular number includes the plural, and the plural the singular. Words and terms are defined as
follows:
Animal. The term shall mean any nonhuman, animate being which is endowed with the
power of voluntary motion to include, but not limited to: Mammals, i.e. dogs, cats, horses, hogs,
cows, sheep, goats, rabbits, etc.; reptiles; birds; salamanders; toads; frogs; sharks; snakes; rays;
bony fishes; and amphibians.
Animal shelter. The place designated or used as such by the city for the maintenance and
operation of a pound.
At large. Any animal which is off the property of its owner or person in charge and not
carried by said person, kept in an effective closure or under control or restraint by such person by
means of a leash in such a way as to prevent its free movement, and so as to prevent said animal
from freely charging or attacking persons or animals.
Bitten. Seized with teeth or jaws such that the skin of the person or thing seized has been
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nipped or gripped or has been wounded or pierced and there has been probable contact of saliva
with the break or abrasion of the skin.
Caged. Confinement in a container, which may include a vehicle but not its trunk, in such
a way that the free movement of such animal is restrained and so as to prevent the animal caged
from biting or attacking a person or animal.
Cat. All members of the domestic feline family.
Corral. Any uncovered, enclosed parcel of land where large animals are kept.
Dog. All members of the domestic canine family.
Dogs Presumed to be vicious. Any dog which is known by the owner or person in charge
to habitually chase moving vehicles or charge persons on the public streets and other public ways
shall be presumed to be vicious, whether or not such dog has actually bitten or attacked a person
or other animal.
Owner. means any person, firm, corporation, organization, or department having a right
of property in the animal, or who keeps or harbors the animal, or who has it in his care, or acts as
its custodian, or who permits the animal to remain on or about any premises occupied by him or
her.
Person in Charge. Any person who feeds a dog or cat not owned by him or her or who
otherwise cares for the animal.
Vicious dog.
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(1)
Any dog with a known propensity, tendency or disposition to attack unprovoked,

to cause injury to, or otherwise threaten the safety of human beings or domestic
animals.
(2)
Any dog which because of its size, physical nature or vicious propensity is capable
of inflicting serious physical harm or death to humans and which constitutes a
danger to human life or property if it were not kept in the manner required by this
chapter.
(3)
Any dog which, without provocation, attacks or bites or has attacked or bitten a
human being or domestic animal.
(4)
Any dog owned or harbored primarily or in part for the purpose of dog fighting, or
any dog trained for dog fighting.
(5)
Any Pit Bull Terrier, which shall be defined as any American Pit Bull Terrier or
Staffordshire Bull Terrier or American Staffordshire Terrier breed or dog, or any
mixed breed of dog which contains as an element of its breeding the breed of
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American Pit Bull Terrier or Staffordshire Bull Terrier or American Staffordshire

Terrier as to be identified as predominately of the breed of American Pit Bull
Terrier or Staffordshire Bull Terrier or American Staffordshire Bull Terrier.
Section 2:
Exception
The terms potentially dangerous and vicious shall not apply to dogs used by law
enforcement officials for legitimate law enforcement purposes, nor dogs used as certified guide
dogs for the blind, hearing dogs for the deaf nor aid dogs for the handicapped nor shall it apply to
licensed kennels, humane society shelters, animal control facilities, or veterinarians.
Section 3:
Harboring
No person shall own or harbor any animal for the purpose of animal fighting, or train,
torment, badger, bait or use any animal for the purpose of causing or encouraging said animal to
attack human beings or domestic animals when not provoked.
No person shall sell, offer for sale, breed, buy or attempt to buy any vicious animal within
the city.
Section 4:
Registration of Dogs
The owner or keeper of a dog within the city limits of Anniston shall annually register
such animal with the [Department of Animal Control of the City]. The registration application
shall contain:
Name of owner or keeper;
Address of the owner or keeper;
Breed, age, sex, color of animal;
Any other identifying marks of the animal;
Location where the animal is to be kept if not at the address of the owner;
Proof of vaccination for rabies within the preceding twelve (12) months;
Any other information the City may require
In addition to the information listed above, if an animal is vicious or presumed to be
vicious, as defined herein or as is determined at a hearing for such purpose, then the owner shall
provide two identification color photographs of the animal clearly showing the color, any
markings and approximate size of the animal.
The tag and a certificate of registration or license shall be of such form and design and
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shall contain such information as the City shall prescribe and shall be issued to the owner or
keeper upon payment of the registration fee. The registration fee for all neutered and spayed
dogs shall be $0.00 and the registration fee for all un-neutered and un-spayed dogs shall be
$5.00.
The owner or person in charge shall at all times, except when a dog or cat is under control
or restraint on its own premises, keep the tag affixed to said dog or cat. It shall be unlawful for
any owner or person in charge of an animal to fail to comply fully with all of the requirements of
this section by failing to register a dog or a cat. It shall also be unlawful for any person, except
the owner or person in charge and upon its own premises, to remove a tag from a dog or cat
tagged under the provisions of this section or to place a tag upon a dog or cat for which said tag
was not issued, to procure a tag from the City by fraud or misrepresentation, or to disfigure or
alter the words or figures upon a tag.
If a tag becomes lost or mutilated it shall be replaced with a tag or decal marked
duplicate upon payment of the fee of $3.00. No duplicate tag or decal shall be issued unless
the dog or cat has been inoculated for rabies within twelve (12) months of the date of issuance of
the duplicate tag.
Section 5:
Exception to Registration
The registration requirements of Section 5 shall not apply to dogs or cats whose owners
are nonresidents and are temporarily within the City for a period not exceeding thirty (30) days.
Section 6:
Insurance
All owners or keepers of a vicious dog or dog presumed to be vicious, as previously

defined or as shall be determined to be vicious after judicial review, shall provide proof of
liability insurance in a single incident amount of at least $100,000.00, specifically covering any
damage or injury which may result from the ownership, keeping or maintenance of such animal.
The policy shall contain a provision requiring the City to be named as an additional
insured for the sole purpose of being notified by the insurer of any cancellation, termination or
expiration of the liability insurance policy.
Section 7:
(a)
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Dogs and Cats at large, Duty to Restrain
Dogs. It shall be the duty of every owner or person in charge of a dog to keep said
animal under control or restrained while the same is within the corporate limits of
the city, whether or not said dog is upon or away from the premises of the owner
or person in charge. It shall be unlawful for the owner or person in charge of any
dog to cause, permit or allow the dog to be at large and to fail to keep the dog
under control or restraint. Proof that a dog was not properly restrained, whether
on or off the premises of the owner or person in charge, shall be prima facie
evidence of a violation. Negligent failure to provide or maintain control or
restraint shall not be a defense; however, competent evidence that said failure was
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(b)
(c)
occasioned by an unforeseeable and independent act of a third person shall shift

the burden on the city to prove otherwise.
Cats. It shall be the duty of every owner or person in charge of a cat to keep said
animal under control or restrain while the same is within the corporate limits of
the city, whether or not said cat is upon or way from the premises of the owner or
person in charge. It shall be unlawful for the owner or person in charge of any cat
to cause, permit or allow the cat to be at large and to fail to keep the cat under
control or restrain. Proof that a cat was not properly restrained, whether on or off
the premises of the owner or person in charge, shall be prima facie evidence of a
violation. Negligent failure to provide or maintain control or restrain shall not be
defense; however, competent evidence that said failure was occasioned by an
unforeseeable and independent act of a third person shall shift the burden on the
city to prove otherwise.
Dogs or cats in immediate presence of owners in public. A dog or cat which is not
vicious or presumed to be vicious, and which is obedient either by training or
temperament, shall not be considered at large while upon a public street or other
public place if it is in the immediate presence and under voice control of its owner
or person in charge. Any dog or cat not obedient to direct voice command, to be
under control or restraint, must be carried by the owner or person in charge, caged
or controlled by means of a leash in such a way as to prevent its free movement.
A dog or cat which is more than fifteen (15) feet from the actual location of its
owner or person in charge shall not be considered in the immediate presence of
such person and voice control.
Section 8:
Confined
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Dog or Cats Unlawfully at Large to be Confined; Sale of Dogs or Cats
(a)
Any dog or cat found unlawfully to be at large within the city is hereby declared
to be a violation and shall be seized by a police officer and confined at the animal
shelter and cared for in a humane manner for a period of not less than seven (7)
calendar days. In addition to, or in lieu of, confining a dog or cat found
unlawfully at large, when the owner or person in charge of said dog or cat is
known to the police officer, the police officer may return the dog or cat to the
owner or person in charge and shall issue a warning or citation for violation of this
chapter.
(b)
Immediately upon seizure of a dog or cat the police officer shall make reasonable
effort to ascertain the identity of and notify the owner or person in charge of such
animals seizure and of the condition under which they may regain possession of
it.
(c)
Dogs or cats may be held at the animal shelter until the expiration of the detention
period if the animal has not been claimed by the owner or person in charge. The
humane society, animal shelter, or its duly authorized agent, upon obtaining
possession of each such dog or cat, shall not release said animal to any person
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until the following requirements have been met;
(d)
(1)
Dogs and cats which appear to be three (3) months of age or older shall
have received a rabies inoculation;
(2)
Male dogs and male cats which appear to be six (6) months of age or older
shall have been neutered;
(3)
Female dogs and cats which appear to be six (6) months of age or older
shall have been spayed;
(4)
Male dogs and male cats which appear to be less than six (6) months of
age and female dogs and cats which appear to be less than six (6) months
of age, be adopted with the proviso in the certificate of adoption requiring
neutering or spaying at the proper age with the proviso being accepted and
signed by the adopter.
(5)
Reimbursement of all costs for food, shelter and treatment of the animal
must be made to the revenue department of the city. Said costs shall be
reimbursed to the agency or shelter.
No dog or cat that is maimed or diseased or, in the opinion of the humane society
or animal shelter, not suitable for adoption shall be put up for adoption. This
paragraph, however, shall not be so construed as to preclude transfer of an injured,
maimed or diseased dog or cat to a veterinarian agreeable to the humane society,
animal rescue operation or animal shelter, with payment for subsequent veterinary
services to be made by the humane society or animal shelter.
Section 9:
Investigation of Vicious Dogs
When any person claims that an animal is vicious, he or she shall make a sworn statement
setting forth the name of the animals owner, the location where the animal is being kept in the
city, and the reason he or she believes the animal to be vicious.
The sworn statement will be delivered to the Animal Control Officer who will complete a
vicious animal investigation.
Animal Control Officers are authorized to initiate a vicious animal investigation in cases
where a bite or serious injury to any person has been reported or when the officer has other
reason to believe a dog may be vicious.
Police officers and/or animal control officers shall be permitted to enter the exterior
property where a vicious animal or animal presumed to be vicious is located for the purpose of
investigating the allegation of viciousness. If the police officer and/or animal control officer has
reason to believe an animal poses an immediate threat to the health, safety or welfare of the
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general public, the officer may seize the animal and impound the animal at the animal shelter
pending completion of the investigation and hearing.
If an animal control officer or a law enforcement officer has investigated and determined
that there exists probable cause to believe that an animal is potentially dangerous or vicious, the
animal control officer, the chief officer of the public pound or animal control department or his
or her immediate supervisor or the head of the local law enforcement agency, or his or her
designee, shall petition the Municipal Court of the City of Anniston for a hearing for the purpose
of determining whether or not the animal in question should be declared potentially dangerous or
vicious. Whenever possible, any complaint received from a member of the public which serves
as the evidentiary basis for the animal control officer or law enforcement officer to find probable
cause shall be sworn to and verified by the complainant and shall be attached to the petition.
In the event the vicious animal investigation leads the Animal Control Officer to believe
the allegation is unfounded, the Animal Control Officer shall advise the complainant of his
findings and submit the results of the investigation to the Municipal Court and his animal control
supervisor.
Section 10:
Notice, Hearing, and Appeal
(a)
The owner or keeper of the animal shall be served with notice of the hearing and a
copy of the petition, either personally or by first-class mail with return receipt
requested. [The hearing shall be held no less than ten (10) days nor more than
twenty (20) days after such notice is mailed to the owner or keeper of the animal]
and shall be open to the public.
(b)
At such hearing all interested persons shall have the opportunity to present
evidence on the issue of the animals dangerousness. The court may admit all
relevant evidence, including incident reports and the affidavits of witnesses,
photographs and video tapes, limit the scope of discovery, and may shorten the
time to produce records or witnesses.
In the event that the animal in question has caused injury to any person, the
municipal judge may impound the animal, at the owners expense, pending the
hearing and determination of the complaint. If the court finds that the animal is
potentially dangerous or vicious, it may make any orders authorized by this
chapter or other laws, including but not limited to assessment of fines and costs as
provided in this Code.
(c)
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After the hearing conducted pursuant to this Section, the owner or keeper of the
animal shall be notified in writing of the determination and orders issued, either
personally or by first-class mail postage prepaid by the municipal court. If a
determination is made that the animal is potentially dangerous or vicious and no
appeal is filed, the owner or keeper shall comply with the municipal courts order
no later than fourteen (14) days following the rendering of the decision. If the
owner or keeper of the animal contests the determination, he or she may, within
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fourteen (14) days of the municipal courts decision appeal the decision to the
circuit court of the county. All filing fees and costs shall he paid by the owner or
keeper of the animal. The owner or keeper of the animal shall serve notice upon
the city that the appeal has been filed.
(d)
The Circuit Court shall conduct a hearing de novo, and make its own
determination as to potential danger and viciousness and make other orders
authorized by this chapter, based upon the evidence presented. The court may
admit all relevant evidence, including incident reports and the affidavits of
witnesses, limit the scope of discovery, and may shorten the time to produce
records or witnesses. If the court rules the animal to be potentially dangerous or
vicious, compliance with the order shall begin within seven (7) days of the date of
the courts determination.
(e)
The determination of the circuit court shall be final and conclusive upon all
parties. However, the animal control authority shall have the right, following due
process, to later declare an animal to be vicious or to determine that the animal
constitutes a threat to the public health and safety, for any subsequent actions of
the animal.
Section 11:
Effect of Failure to Appear at Hearing
The municipal court or the circuit court on appeal may decide all issues for or against the
owner or keeper of the animal even if the owner or keeper fails to appear at the hearing provided
that there is some evidence that the owner or keeper did receive notice of the hearing.
Section 12:
Regulation of Potentially Dangerous or Vicious Animals
If it is determined at the hearing that the animal is dangerous or vicious, the Court may
order the following:
A.
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Confinement:
(1)
Owners shall provide an exterior perimeter fence suitable to contain an average

animal of the same type. The perimeter fence shall be constructed of chain link or
wooden privacy type and shall be at least four (4) feet in height.
(2)
Owners shall provide an additional fence or pen of adequate size inside the
perimeter fence to humanely confine the vicious animal.
(a)
This additional fence or pen may not share common fencing with the
perimeter fence.
(b)
This additional fence or pen must have secure sides and a secure top
attached at all sides;
(c)
(d)
(e)
(f)
(3)
(4)
B.
All four sides of this additional 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 animal from digging out.
The additional fence or pen must have an inward-opening gate and shall
be kept locked at all times by pad lock or key lock except when tending to
the care of the animal.
The sides of this additional fence or pen shall be from ground to top at
least twice the height of the animal, the height of the animal being
measured from its shoulders.
The additional fence or pen must not be positioned so that neighbors or
passers by have access to the animal. It must be no less than twenty (20)
feet from any neighboring property line; and
(g)
Signs shall be posted on each side of this additional fence or pen stating
that a vicious animal is enclosed and shall specify the type of animal
enclosed, i.e. Vicious Dog. Signs must be printed and legible from 20
feet.
(h)
The pen or structure must also provide the animal with protection from the
elements and must at all times be kept in sanitary condition.
Whenever the animal is outside either the additional fence or pen provided for this
section:
(a)
It must be attended by the owner; and
(b)
It must be restrained by a secure collar and leash or rope to [no longer than
eight (8) feet] and of sufficient strength to prevent escape; and
(c)
It must be securely muzzled so as to effectively prevent such animal from

biting another animal or person
No vicious animal shall be allowed outside the owners property except in

emergencies or for normal or necessary medical or health related treatment.
Destruction of a Vicious Dog
In the event it is determined at the hearing that the release of the animal would create a
significant threat to the public health, safety and welfare, the animal may be humanely destroyed
by the Department of Animal Control.
C.
When it is Determined that the Animal is not Dangerous or Vicious
In the event it is determined at the hearing that the animal is not vicious, the court shall
inform the complainant of said findings.
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Section 13:
Minor Owner or Keeper
In the event that the owner or keeper of a potentially dangerous or vicious animal is a
minor, the parent or guardian of such minor shall be liable for all injuries and
property damage sustained by any person or domestic animal caused by a unprovoked attack by
such potentially dangerous or vicious animal.
Section 14:
Person in Charge of Animal
Any person who feeds a dog or cat not owned by him or her or who otherwise cares for
the animal shall be subject to this code as if they are the owner of the animal.
Section 15:
Procedure Upon Loss, Sale or Transfer of Animal
The owner or keeper of a potentially dangerous or vicious animal shall notify the
department of animal control or the police department within twelve (12) hours if such
potentially dangerous or vicious animal is loose or missing or if the potentially dangerous or
vicious animal has attacked or wounded a human being or another animal. If the animal in
question dies, or is sold, transferred, or permanently removed from the city or county where the
owner or keeper resides, the owner of a potentially dangerous or vicious animal shall notify the
animal control department of the changed condition and new location of the animal in writing
within two (2) working days. If the owner or keeper of a potentially dangerous or vicious animal
moves the animal to a different address within the city limits of the city, such owner or keeper
shall notify the department of animal control of such fact and the new address within twenty-four
(24) hours.
Section 16:
Keeping Potentially Dangerous or Vicious Animals
It shall be unlawful for any owner, keeper or other person to be in violation of any provision of
this chapter or any order of any court as provided in this chapter. Any owner or keeper found to
be in violation of this section or any provision of this chapter shall be guilty of a misdemeanor
and shall be punishable as provided in Section 17 of this Code.
Section 17:
Penalty for Violation
The penalty for violation of any provision of this Ordinance shall be as follows:
1st Offense
Not less than $300.00

or more than $500.00 and/or not to exceed
90 days in jail;
2nd and Subsequent Offenses
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$500.00 and/or not to exceed six (6)

months in jail.
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In addition, the Court shall assess the violator with any and all costs incurred for the
impoundment and/or destruction of the dog.
Section 18:
Confinement Generally
No owner, keeper or harborer of an animal shall permit a vicious or dangerous dog to be

kept on a chain, rope or other type of leash outside of its fence and/or pen unless it is under
physical control of a leash. Such dogs may not be leashed or chained to inanimate objects such
as trees, posts, buildings, etc. outside of the perimeter fence and/or pen. No vicious or dangerous
dog may be kept on a porch, patio or in any other portion of the house or structure that would
allow the dog to exit such building or structure on its on volition. In addition, no such animal
may be kept in a house or structure where screen doors are the only obstacle preventing the dog
from exiting the structure.
Section 19:
Computer Registration of Vicious Dogs
All dangerous or vicious dogs as defined herein or as found to be vicious after a

Municipal Court hearing shall be registered on the Citys website. Such registry shall include the
address where the dog is located and identifying information on the dog, including two (2)
identifying color photographs of the dog. The registry shall not contain the name or names of the
owners or tenants at said location.
Section 20:
Severability
If any section, subsection, clause or phrase of this Ordinance is for any reason, held to be
invalid, illegal or unconstitutional, such decisions shall not effect the validity of the remaining
sections of this Ordinance.
Section 21:
Specific Sections Repealed; Ordinance Cumulative
Specifically repealed by this Ordinance are Section numbers 4.1, 4.31, 4.36, 4.38 and
4.39 of Chapter 4 of the Code of Ordinance for the City of Anniston. This Ordinance shall not
be construed to repeal any other provisions of the existing code or Ordinances of the City of
Anniston, including any and all Animal Control Ordinances and shall instead be held to be in
addition to and cumulative of the existing Code and Ordinances of the City of Anniston, except
as is hereby specifically repealed.
All ordinances or parts of ordinances conflicting herewith are, to the extent of such
conflict, hereby repealed.
Section 22:
Effective Date
This Ordinance shall become effective immediately upon its adoption and publication
one (1) time in The Anniston Star, a newspaper of general circulation published in the City of
Anniston, Alabama, and the City Clerk is hereby ordered and
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11
directed to cause a copy of this Ordinance to be published one (1) time in said newspaper.
The registration requirements contained herein shall become effective and enforceable on
January 2, 2008.
PASSED AND ADOPTED this the 27th day of November, 2007.
CITY COUNCIL OF THE CITY OF
ANNISTON, ALABAMA
By: /s/ Hoyt W. Howell, Jr., Mayor
By: /s/ Floyd S. Bennett, Jr., Council Member
By: /s/ Herbert Palmore, Council Member
By: /s/ Benjamin Little, Council Member
By: /s/ Jeff Fink, Council Member
ATTEST:
/s/ Alan B. Atkinson, City Clerk
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12
Ruled Unconstitutional- see attached ruling
ORDINANCE NO. 2013 - 15

AN ORDINANCE PROHIBITING OR REGULATING
THE OWNING OR KEEPING OF DANGEROUS
ANIMALS INCLUDING PIT BULL DOGS AND
PROVIDING FOR REGISTRATION FOR CERTAIN DANGEROUS
ANIMALS, AND PROVIDING PENALTIES FOR VIOLATIONS
THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF CLAY, ALABAMA as follows:
Section 1. Definitions
(1) Owner as used in this Ordinance means any person, firm, corporation,
organization or department possessing, harboring or having the care or custody,
whether temporarily or permanently, of a Pit Bull, Vicious, or Dangerous dog.
(2) Vicious Dog as used in this Ordinance means any dog with a propensity,
tendency or disposition to attack unprovoked, to cause injury or to otherwise
threaten the safety of human beings or domestic animals; or any dog which
without provocation, attacks or bites or has attacked or bitten, a human being or
domestic animal; or any dog owned or harbored primarily or in part, for the
purpose of dog fighting or any dog trained for dog fighting, or any dog which has
been found to be vicious by any Court in a trial or hearing upon a charge of
harboring a vicious animal.
(3) Dangerous Dog as used in this Ordinance means: A) Any dog which, because
of its aggressive nature, training or characteristic behavior, is capable of inflicting
serious physical harm or death to humans, and which would constitute a danger to
human life or property if it were not kept in the manner required by this
Ordinance. B) Any dog which, when unprovoked, chases or approaches a person
in a menacing fashion or apparent attitude of an attack on public or private
property.
(4) Pit Bull as used in this Ordinance means: any Pit Bull Terrier, which shall be
defined as any American Pit Bull Terrier or Staffordshire Bull Terrier, or
American Staffordshire Terrier breed of dog, or any mixed breed of dog which
contains, as an element of its breeding the breed of American Pit Bull Terrier or
Staffordshire Bull Terrier or American Staffordshire Terrier as to be identifiable
as partially of the breed of American Pit Bull Terrier or Staffordshire Bull Terrier
or American Staffordshire Terrier.
Section 2. Pit Bulls, Vicious, and Dangerous Dogs
(1) Prohibited. It shall be unlawful to keep, harbor, own or in any way possess within
the corporate limits of the City:
a. Any Pit Bulls, Vicious, and/or Dangerous Dogs: provided, that dogs
registered with the city on the date of publication of this section may be
ORDINANCE NO. 2013 15

kept within the city subject to the standards and requirements set forth in
subsection (2) of this section. Pit bull dog is defined to mean:
i. The bull terrier breed of dog;
ii. Staffordshire bull terrier breed of dog;
iii. The American pit bull terrier breed of dog;
iv. The American Staffordshire terrier breed of dog;
v. Dogs of mixed breed or of other breeds than above listed which
breed or mixed breed is known as pit bulls, pit bull dogs, or pit
bull terriers;
vi. Any dog which has the appearance and characteristics of being
predominately of the breeds bull terrier, Staffordshire bull terrier,
American pit bull terrier, American Staffordshire terrier, any other
breed commonly known as pit bulls, pit bull dogs or pit bull
terriers; or a combination of any of those breeds.
b. Any dog with a known propensity, tendency, or disposition to attack
unprovoked, to cause injury to, or to otherwise endanger the safety of
humans or other domestic animals; or
c. Any dog which attacks a human being or other domestic animal without
provocation.
(2) Keeping of registered pit bulls, vicious, and/or dangerous dogs. The provisions of
subsection (1) of this section are applicable to owners, keepers or harborers of pit
bull dogs, vicious, and/or dangerous dogs registered with the city according to
Section 3 of this Ordinance. The keeping of such dogs, however, shall be subject to
the following standards:
a. Leash and muzzle. No person shall permit a registered pit bull, vicious,
and/or dangerous dog to go outside its kennel or pen unless such dog is
securely leashed with a leash no longer than four (4) feet in length. No
person shall permit such dogs to be kept on a chain, rope, or other type of
leash outside its kennel or pen unless a person is physically in control of
the leash. Such dogs may not be leashed to inanimate objects such as
trees, posts, buildings, etc. In addition, all such dogs on a leash outside
the animals kennel must be muzzled by a muzzling device sufficient to
prevent such dog from biting persons or other animals.
b. Confinement. All registered dogs shall be securely confined indoors or in
a securely enclosed and locked pen or kennel, except when leashed and
muzzled as above provided. Such pen, kennel, or structure must have
secure sides and a secure top attached to the sides. All structures used to
confine registered dogs must be locked with a key or combination lock
when such animals are within the structure. Such structure must have a
secure bottom or floor attached to the sides of the pen or the pen must be
embedded in the ground no less than two (2) feet. All structures erected to
house such dogs must comply with the zoning and building regulations of
c.
d.
e.
f.
g.
h.
the city. All such structures must be adequately lighted and ventilated and
kept in a clean and sanitary condition.
Confinement indoors. No pit bull, vicious, and/or dangerous dog may be
kept on a porch, patio, or in any part of a house or structure that would
allow the dog to exit such building on its volition. In addition, no such
animal may be kept in a house or structure when the windows are open or
when screen windows or screen doors are the only obstacle preventing the
dog from exiting the structure.
Signs. All owners, keepers, or harborers of registered dogs within the city
shall within ten (10) days of registration of dog display in a prominent
place on their premises a sign easily readable by the public using the
words Beware of Dog. In addition, a similar sign is required to be
posted on the kennel or pen of such animal. All signs must comply with
the zoning ordinance of the city.
Insurance. All owners, keepers, or harborers of registered dogs must at the
time of registration provide proof to the City Managers office of public
liability insurance in a single incident or $50,000.00 for bodily injury to
or death of any person or persons or for damage to property owned by any
persons which may result from the ownership, keeping or maintenance of
such animal. Such insurance policy shall provide that no cancellation of
the policy will be made unless ten (10) days written notice is first given to
the City Manager.
Identification photographs. All owners, keepers, or harborers or registered
dogs must at the time of registration of animal provide to the City
Managers office two color photographs of the clearly showing the color
and approximate size of the animal.
Reporting requirements. All owners, keepers, or harborers must within ten
(10) days of the incident, report the following information in writing to
the City Managers office as required hereinafter:
i. The removal from the city or death of a registered dog.
ii. The birth or offspring of a registered dog.
iii. The new address of a registered dog owner should the owner move
within the corporate limits.
Sale or transfer of ownership prohibited. No person shall sell, barter, or in
any other way dispose of a dog registered with the city to any other
person within the city unless the recipient person resides permanently in
the same household and on the same premises as the registered owner of
such dog; provided that the registered owner of a dog may sell or
otherwise dispose of a registered dog of the offspring of such dog to
persons who do not reside within the city.

i. Animals born of registered dogs. All offspring born of dogs registered
with the city must be removed from the city within six (6) weeks of the
birth of such animal.
j. Irrebuttable presumptions. There shall be an irrebuttable presumption that
any dog registered with the city or any of those breeds prohibited by
subsection (1) of this section is in fact a dog subject to the requirements
of this section.
Section 3. Registration of Pit Bulls
Owners, keepers, or harborers of dogs prohibited by this Ordinance shall have sixty (60)
days from the adoption of this Ordinance to register the animal at City Hall. The
registration shall last the life of the dog, and will expire upon death, sale, or removal of
the pit bull from the premises. Failure to register will result in a violation of this
Ordinance and be subject to the penalties set forth in Section 4.
Section 4. Failure to Comply and Penalties
(1) Failure to comply. It shall be unlawful for the owner, keeper, or harborer of a dog
registered with the city to fail to comply with the requirements and conditions set
forth in this Ordinance. Any dog found to be the subject of a violation of this
Ordinance shall be subject to immediate seizure and impoundment. In addition,
failure to comply will result in the revocation of the license of such animals
resulting in the immediate removal of the animal from the city.
(2) Violations and penalties. Any person violating or permitting the violating of any
provision of this Ordinance shall upon conviction be fined a sum of not less than
$200.00 and not more than $500.00. In addition to the fine imposed, the court
may sentence the defendant to imprisonment for a period not to exceed thirty (30)
days. In addition, the court shall order the registration of the subject dog be
revoked and the dog removed from the city. Should the defendant refuse to
remove the dog from the city, the judge shall find the defendant owner in
contempt and order the immediate confiscation and impoundment of the animal.
Each day that a violation of this Ordinance continues shall be deemed a separate
offense. In addition to the foregoing penalties, any person who violates this
Ordinance shall pay all expenses, including shelter, food, handling, veterinary
care, and testimony necessitated by the enforcement of this Ordinance.
Section 5.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance shall be
held invalid or unconstitutional by any court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and such holding shall not
affect the validity of the remaining portions hereof.

Section 6.
All ordinances or parts of ordinances in conflict with the provisions of this ordinance are
hereby repealed.
ADOPTED AND APPROVED this 3rd Day of June, 2013.
___________________________
Charles K. Webster
Mayor
ATTEST: ____________________________
Ronnie Dixon
City Manager
CERTIFICATION:
I, Ronnie Dixon, as City Manager of the City of Clay, Alabama, hereby Certify that the
above and foregoing copy of one (1) Ordinance 2013-15 is a true and correct copy of
such Ordinance that was duly adopted by the City Council of the City of Clay, Alabama,
on the 3rd Day of June 2013, as same appears in the official records of said City.
Posted at City Hall, Chalkville Regions Bank, Seniors Centers, and the United States Post
Office all being in the City of Clay this the 4th Day of June, 2013.
Ronnie Dixon
City Manager
ELECTRONICALLY FILED
9/12/2014 1:07 PM
01-CV-2013-903036.00
CIRCUIT COURT OF
JEFFERSON COUNTY, ALABAMA
ANNE-MARIE ADAMS, CLERK
Chapter3ANIMALSANDFOWL
Chapter 3 ANIMALS AND FOWL

ARTICLE III. - DOG AND CAT REGULATIONS
ARTICLE I. - BIRD SANCTUARY
ARTICLE II - - ANIMALS - PROHIBITED ACTS
ARTICLE III. - DOG AND CAT REGULATIONS
ARTICLE IV. - ANIMALS AND FOWL RUNNING AT LARGE
ARTICLE V. - DANGEROUS ANIMALS AND PROHIBITED ANIMALS
ARTICLE III. DOG AND CAT REGULATIONS

ARTICLE I. BIRD SANCTUARY
3-1. Established.
3-2 Bird Sanctuary - Restrictions, Exception
3-3 Bird Sanctuary - Destruction of Nuisance
3-4 Penalty for Violation
3-1. Established.
The entire area embraced within the corporate limits of the City of Fayette, Alabama, be and the
same is hereby designated as a bird sanctuary.
(Ord. of 2-19-68, 1)
3-2 Bird Sanctuary - Restrictions, Exception

It shall be unlawful to trap shoot, hunt or attempt to shoot or molest in any manner any bird or wild
fowl or to rob bird nests or wild fowl nests; provided, however, if starlings or similar birds are found to be
congregating in such numbers in a particular locality that they constitute a nuisance or menace to health
or property in the opinion of the health authorities of the City of Fayette, Alabama, then in such event,
such health authorities shall meet with the representatives of the Fayette Garden Club, after having given
at least three (3) days' actual notice of the time and place of said meeting to the representatives of said
club.
(Ord. of Feb. 19, 1968, 2.)
3-3 Bird Sanctuary - Destruction of Nuisance

If, as a result of said meeting, no satisfactory alternative is found to abate such nuisance, then said
birds may be destroyed in such numbers and in such manner as is deemed advisable by said health
authorities under the supervision of the chief of police of the City of Fayette, Alabama. (Ord. of Feb. 19,
1968, 3.)
Fayette,Alabama,CodeofOrdinances
Page1
3-4 Penalty for Violation
Anyone violating the provisions of this article shall be punished by a fine of not less than one ($1.00)
dollar and not more than two hundred ($200.00) dollars or imprisoned for a term not exceeding thirty (30)
days.
(Ord. of Feb. 19, 1968, 4.)
ARTICLE II - ANIMALS - PROHIBITED ACTS

3-5 Cruelty to Animals Prohibited
3-6 Maliciously Killing or Injuring Animals or Property of Another Prohibited; Penalty
3-7 Malicious Killing or Maiming Animals of Another Prohibited; Penalty
3-8. Bringing in animals afflicted with contagious diseases prohibited; penalty.
3-9. Disposing of dead animals; penalty.
3-9.1. Keeping of swine; penalty.
3-5 Cruelty to Animals Prohibited

Any person who overrides, overdrives, overloads, tortures, torments, mutilates, deprives of
necessary sustenance, or cruelly kills, beats, bruises, wounds, causes or procures to be overridden,
overdriven, overloaded, driven while overloaded, cruelly beaten, mutilated or cruelly killed, any domestic
animal whether belonging to himself or another, or any person, either as owner or otherwise, who inflicts
unnecessary cruelty upon the same, or upon any living creature, or who uses, works, rides, or employs, in
any manner, any bruised, maimed, sick or lame beast of burden or working animal, or who fails to provide
any domestic animal with proper food, drink or protection from the weather, must, on conviction, be fined
not less than one ($1.00) dollar nor more than five hundred ($500.00) dollars. (Code of Fayette, 1919,
414; for similar state law, see: Code of Alabama, 3-1-12.)
3-6 Maliciously Killing or Injuring Animals or Property of Another Prohibited; Penalty

Any person, within the corporate limits of the City of Fayette, who unlawfully and maliciously kills,
disables, disfigures, destroys or injures any animal, or article, or commodity of value, the property of
another, must, on conviction, be fined not more than five hundred ($500.00) dollars; and so much of the
fine as may be necessary to repair the injury or loss shall go to the party damaged.
(Code of Fayette, 1919, 433.)
3-7 Malicious Killing or Maiming Animals of Another Prohibited; Penalty

Any person, within the corporate limits of the City of Fayette, who unlawfully or wantonly kills,
disables, disfigures, destroys or injures any horse, mare, gelding, colt, filly, mule, jack, jenny, bull, ox,
cow, calf, heifer, hog, goat, or sheep, the property of another, must, on conviction, be fined not less than
twice the value of the injury to the animal killed, disabled, disfigured, destroyed or injured, nor more than
five hundred ($500.00) dollars; and one half (1/2) of the fine imposed shall go to the owner of the
property. (Code of Fayette, 1919, 434; for similar state law, see: Code of Alabama, 3-1-10.)
Page2
3-8. Bringing in animals afflicted with contagious diseases prohibited; penalty.
Any person who knowingly brings into the city any horse or mule having glanders, nasal gleet, or
other infectious or contagious diseases whereby the health or life of any other horse or mule shall be
endangered must, on conviction, be fined not less than five dollars ($5.00) nor more than five hundred
dollars ($500.00).
(Code of Fayette, 1919, 415)
3-9. Disposing of dead animals; penalty.

Any person who throws or otherwise conveys any offal, or dead animal or fowl on any lot, house,
street, or alley within the city, thereby creating an offensive odor, shall be guilty of a misdemeanor, and
upon conviction therefor, shall be fined not less than one dollar ($ 1.00), and not more than fifty dollars
($50.00).
3-9.1. Keeping of swine; penalty.

(a) Unlawful. It shall be unlawful for any person to keep swine, pigs, hogs, shoalts or animals of like kind
within the corporate limits of the city. This section, however, shall not prevent the temporary
presence of such animals within the city in connection with fairs, exhibits, festivals and similar
purposes.
(b) Penalty. A violation of any of the provisions of this section by any person constitutes a misdemeanor.
Any person who shall violate any of the provisions of this section shall be fined not less than one
dollar ($1.00) and not more than five hundred dollars ($500.00) and may be imprisoned or sentenced
to jail or hard labor for a period not exceeding six (6) months, or both, at the discretion of the court.
(Ord. No. 1988-04, 1, 2, 12-19-88)
Editor's note
Ord. No. 1988-04, 1, 2, adopted Dec. 19, 1988, did not specifically amend the Code, hence
inclusion herein as 3-9.1 was at the discretion of the editor.
ARTICLE III. DOG AND CAT REGULATIONS [1]

3-10. Definitions.
3-11. Inoculation and inoculation tag required generally,
3-12. Inoculation tag required on dogs and cats at large.
3-13. Impounding of dogs and cats generally.
3-14. Appointment of animal control officer and assistants.
3-15. Dog or cat on premises other than own.
3-16. Officers authorized to go on premises.
3-17. Rabid dogs or cats.
3-17.1. Impoundment of dog or cat which has bitten a person.
3-17.2. Reserved.
3-17.3. Reserved.
Page3
3-17.4. Reserved.
3-17.5. Keeping of more than three dogs.
3-17.6. Abandonment of dog or cat.
3-17.7. Penalties; fines and payment of expenses.
3-17.8. Severability.
3-17.9. Tethering near property line.
3-17.10. Barking or howling dogs.
3-10. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Animal: Any animal including, but not limited to, any cow, horse, sheep, hog, goat, dog, cat, reptile or
fowl, unless otherwise specifically excluded.
Animal shelter: The place designated or used as such by the city for the maintenance and operation
of a pound.
At large: Any animal which is off the property of its owner and not carried by such person, or any
animal not kept in an effective enclosure or under control by such person by means of a leash in such a
way as to prevent its free movement, and so as to prevent the animal from freely charging or attacking
persons or animals.
Cat: All members of the domestic feline family.
Dog: All members of the domestic canine family.
Owner: Any person owning, harboring, keeping or having charge, custody, control or possession of
an animal within the city, and all the adult members of the household where an animal is regularly kept or
allowed or suffered to remain on or about the premises.
(Ord. No. 1986-03, 1, 4-7-86; Ord. No. 1988-03, 1, 10-3-88; Ord. No. 2001-07, 2, 5-3-01; Ord.
No. 2009-02, 1, 6-9-09)
3-11. Inoculation and inoculation tag required generally,

(a) It shall be unlawful for any person to own, possess, keep or harbor a dog or cat three (3) months of
age or older within the city without having such dog or cat inoculated annually against rabies, as
required by 3-7A-1 et seq., Code of Alabama, 1975.
(b) Every dog or cat over the age of three (3) months shall wear a substantial, durable collar or harness,
to which the inoculation tag shall be attached. It shall be unlawful to attach such tag by wire, rope or
other inhumane means. No person shall remove the collar or harness or inoculation tag, or either
from any dog or cat without the consent of its owner.
(c) It shall be unlawful for any person to permit or allow any dog or cat in his charge or control to wear a
dog or cat inoculation tag issued for a different dog or cat.
(Ord. No. 1986-03, 2, 4-7-86; Ord. No. 2001-07, 3, 5-3-01)
Page4
3-12. Inoculation tag required on dogs and cats at large.
It shall be unlawful for any person to permit to run or be upon a street, alley, sidewalk, thoroughfare
or public place within the city, unless secured by a suitable leash, any dog or cat which does not have
attached to it a dog or cat inoculation tag, as required by section 3-11. Nothing contained in this section
shall be construed as permitting any such dog or cat, whether tagged or untagged, to become a nuisance
or to run at large upon the premises of any person other than the owner thereof.
(Ord. No. 1986-03, 3, 4-7-86; Ord. No. 2001-07, 4, 5-3-01)
3-13. Impounding of dogs and cats generally.

Any dog or cat found at large on any street, alley, sidewalk, thoroughfare or public place in the city
which does not have attached to it an inoculation tag duly issued for it for the then current year, is hereby
declared to be a public nuisance, and it shall be the duty of the animal control officer, to take up and
impound every such dog and cat. Any such dog or cat, so impounded, may be redeemed from the pound
by the owner thereof within seven (7) days from impoundment thereof, by paying to the pound the costs
of keeping such dog or cat in the pound, at the rate of seven dollars ($7.00) per day. Every such dog or
cat which has remained in a pound for seven (7) days and which has not been redeemed or retaken by
the owner within such time may be placed with or adopted by a third person. No notice of the impounding
of any dog or cat shall be required to be given to any owner of any such dog or cat or to the person
having control thereof unless such owner or person having charge or control is known or unless such dog
or cat bears an identification tag, and in either event immediate notice shall be given to the owner of such
dog or cat if he or she may be found, which notice shall be given before such dog or cat may be
destroyed in a humane way. No such dog or cat shall be released from a pound, either to the owner or to
the adoptee, unless and until the same shall have been inoculated, as prescribed by section 3-11 of this
article. Dogs or cats not redeemed, placed or adopted as herein provided shall be destroyed by the
animal control officer in a humane manner. Diseased or injured dogs or cats impounded under this
section shall be destroyed by the animal control officer in a humane manner without delay.
(Ord. No. 1986-03, 4, 4-7-86; Ord. No. 2001-07, 5, 5-3-01)
3-14. Appointment of animal control officer and assistants.

The city council shall appoint an animal control officer. The city council, in its discretion, may appoint
as animal control officer the chief of police or some other person already in the employ of the city or it
may contract with a private individual or corporation to provide the services of animal control officer and to
provide a facility in which to impound dogs and cats. The city council may appoint such additional persons
as his assistants as may be required.
(Ord. No. 1986-03, 5, 4-7-86; Ord. No. 2001-07, 6, 5-3-01)
3-15. Dog or cat on premises other than own.

Any dog or cat whether wearing a tag or not, which is found upon the premises of a person other
than the owner or keeper thereof, shall, at the request of the owner of such premises, being impounded
by the animal control officer or his assistants, and the owner thereof, if known, shall be notified of such
impoundment. Such dog or cat may be redeemed upon payment of cost of keeping the dog or cat. If not
redeemed by the owner thereof within seven (7) days, the dog or cat shall be subject to disposition as
provided for in section 3-13 of this article.
(Ord. No. 1986-03, 6, 4-7-86; Ord. No. 2001-07, 7, 5-3-01)
Page5
3-16. Officers authorized to go on premises.
The animal control officer, his assistants or any police officer of the city shall have the right for the
public health, welfare and safety, to enter upon any property within the city for the purposes of capturing
any dog or cat running at large or capturing any dog or cat upon written complaint that such dog or cat
has bitten a human being, or capturing any vicious dog, or capturing any rabid dog or cat. It shall be
unlawful for any person to hinder, molest or interfere with any such officer who is authorized or
empowered to perform any duty under this article.
(Ord. No. 1986-03, 7, 4-7-86; Ord. No. 2001-07, 8, 5-3-01)
3-17. Rabid dogs or cats.

When any dog or cat is apparently suffering from rabies, the animal control officer or any police
officer may lawfully destroy such dog or cat in a humane manner wherever such dog or cat is
apprehended, without the necessity of impounding the same.
(Ord. No. 1986-03, 8, 4-7-86; Ord. No. 2001-07, 9, 5-3-01)
3-17.1. Impoundment of dog or cat which has bitten a person.

Whenever the police department, animal control officer, his assistants or rabies inspector shall
receive information that any person has been bitten by a dog or cat, the police department, rabies
inspector or animal control officer or his assistants shall have the said dog or cat confined under the direct
care, custody and control and supervision of a licensed veterinarian for a period of ten (10) days. It shall
be unlawful for any person having knowledge that any person has been bitten by any such dog or cat to
refuse to notify promptly one (1) or more of the officers mentioned in this section. It shall be unlawful for
the owner of any such dog or cat to refuse or fail to comply with any said recommendation made by the
animal control officer, rabies inspector or police department in any particular case. It shall be unlawful for
the owner of such dog or cat to refuse to deliver possession of any such dog or cat to any of said officers
demanding possession of said dog or cat, and the police department, rabies inspector or animal control
officer shall have the right to go upon the premises of the owner of the dog or cat and forcibly take said
dog or cat and place said dog of cat with a licensed veterinarian. Any expenses incurred in the handling
of any such dog or cat, including the fees of the licensed veterinarian and board of said dog or cat, shall
be borne by the owner, and said dog or cat shall not be returned to the owner until said fees are paid to
said licensed veterinarian; if the owner refused to pay said fees to the licensed veterinarian and said dog
or cat is determined not to be rabid by the licensed veterinarian, the said veterinarian shall deliver said
dog or cat to the pound pen and said dog or cat shall not be delivered or returned to the owner until all
fees and expenses have been collected. If the owner neglects, fails or refuses to pay said fees, the said
dog or cat shall be disposed of as provided for in section 3-13 of this article. The veterinarian under
whose care a dog or cat has been committed shall report the results of his observations of said dog or cat
to the person bitten or his physician or, in the case of a minor, to the parent or physician of the minor, or
custodian or guardian of the minor.
(Ord. No. 1986-03, 9, 4-7-86; Ord. No. 2001-07, 10, 5-3-01)
3-17.2. Reserved.
Editor's note
Section 2 of Ord. No. 2009-02, adopted June 9, 2009, deleted 3-17.2, which pertained to
vicious or dangerous dogs generally and derived from Ord. No. 1986-03, adopted Apr. 7,
1986; and Ord. No. 1988-03, adopted Oct. 3, 1988. See 3-44 for similar provisions.
Page6
3-17.3. Reserved.
Editor's note
enclosures for vicious or dangerous dogsposting of premises, and derived from Ord. No.
1986-03, adopted Apr. 7, 1986; and Ord. No. 1988-03, adopted Oct. 3, 1988. See 3-44 for
similar provisions.
3-17.4. Reserved.
Editor's note
enclosure for vicious or dangerous dogsauthority of police chief and police officers when
enclosures are determined to be inadequate, and derived from Ord. No. 1986-03, adopted
Apr. 7, 1986; Ord. No. 1988-03, adopted Oct. 3, 1988; and Ord. No. 2001-07, adopted May
3, 2001. See 3-44 for similar provisions.
3-17.5. Keeping of more than three dogs.
It shall be unlawful for a person, firm or corporation to keep more than three (3) dogs within a pen or
enclosure within any R-1, R-2 or R-3 Residential District, or R-4 Mobile Home Subdivision District or a
RMH-1 Mobile Home Park District as zoned by the planning commission of the City of Fayette, except
that they may be kept in any zoning district in a pen or enclosure which is at least three hundred (300)
feet from any residence or private home other than owner or keeper.
(Ord. No. 1986-03, 13, 4-7-86)
3-17.6. Abandonment of dog or cat.

It shall be unlawful for any person to abandon or set loose any dog or cat within the City of Fayette
with the intention of avoiding the responsibility of the custody or care of such animal.
(Ord. No. 1986-03, 14, 4-7-86; Ord. No. 2001-07, 12, 5-3-01)
3-17.7. Penalties; fines and payment of expenses.

(a) A violation of any of the provisions of this article by any person shall constitute a misdemeanor. Any
person who shall violate any of the provisions of this article shall be fined not less than one dollar
($1.00) and not more than five hundred dollars ($500.00) and may be imprisoned or sentenced to jail
or hard labor for a period not exceeding six (6) months, or both, at the discretion of the court.
(b) Any person found guilty of violating this article shall pay all expenses, including shelter, food,
veterinary expenses for identification or certification of the breed of the animal, or boarding and
veterinary expenses necessitated by the seizure of any dog or cat for the protection of the public,
and such other expenses as may be required for the destruction of any such dog or cat.
(c) The provision of this article shall not have applicability to dogs while engaged in police service
training at a recognized and duly licensed facility and under supervision of professional instructors.
(Ord. No. 1986-03, 15, 4-7-86; Ord. No. 1988-03, 5, 10-3-88; Ord. No. 2001-07, 13, 5-3-01)
Page7
3-17.8. Severability.
If any section, sentence, clause or phrase of this article is for any reason held to be invalid or
unconstitutional by a decision of any court, such a decision shall not affect the validity of the remaining
portions of this article.
(Ord. No. 1988-03, 6, 10-3-88)
3-17.9. Tethering near property line.

It shall be unlawful for the owner of any dog to tie, chain or tether such dog that it has access to
public property or the property of another without the consent of the owner or person in charge of such
property.
(Ord. No. 2000-07, 1, 6-21-00)
3-17.10. Barking or howling dogs.

It shall be unlawful for the owner of any dog kept within the city to allow the loud and frequent, or
continued, barking, howling or yelping of such dog to continue for any interval of ten (10) minutes or more
between the hours of 6:00 p.m. and 6:00 a.m., or to allow such barking, howling or yelping to repeatedly
awaken any neighbor from sleep at any time, or to allow such barking, howling or yelping to repeatedly
interfere with the lawful right of any neighbor to enjoy the use of such neighbor's premises for social,
recreational or business purposes.
(Ord. No. 2000-07, 2, 6-21-00)
FOOTNOTE(S):
--- (1) --Editor's note Ord. No. 1986-03, 115, adopted April 7, 1986, did not specifically amend the Code,
but has been included herein as superseding Ch. 3, Art. III, at the discretion of the editor. Prior to
codification of Ord. No. 1986-03, Ch. 3, Art. III derived from Code of Fayette, 1919, 230232, 424,
435; Ord. of 9-2-57, amd. 4-17-67, 1 and Ord. of 9-2-57, 2. (Back)
ARTICLE IV. ANIMALS AND FOWL RUNNING AT LARGE

DIVISION 1. - ANIMALS RUNNING AT LARGE
Division 2 - - Fowl Running at Large
DIVISION 1. ANIMALS RUNNING AT LARGE

3-18. Unlawful to allow diseased stock to run at large; penalty.
3-19. Unlawful for stock to run at large.
3-20. Unlawful to stake, tie or picket stock on public property or property of another.
3-21. Stock running at largeTo be sold to highest bidder.
3-22. SameFees to be paid.
Page8
3-23. Penalty for violation.
3-18. Unlawful to allow diseased stock to run at large; penalty.

Any person being the owner of, or having in his control, any animal diseased with glanders,
distemper or other contagious disease, who allows such animal to go at large in the city shall be guilty of
a misdemeanor, and upon conviction therefor, shall be fined not less than one dollar ($1.00) and not more
than fifty dollars ($50.00).
3-19. Unlawful for stock to run at large.

It shall be unlawful for horses, mules, jacks, jennets, mares, colts, cows, calves, bulls, yearlings,
sheep, oxen, goats, kids, or hogs to go at large within the corporate limits of the city.
State law reference Similar provisions, Code of Alabama, 3-5-2.

3-20. Unlawful to stake, tie or picket stock on public property or property of another.
It shall be unlawful to stake, tie, or picket any horse, mule, jack, jennet, mare, colt, cow, calf, bull,
yearling, sheep, ox, goat, kid, or hog, on any street, sidewalk, public property, or property owned by
another within the corporate limits of the city for the purpose of grazing such animals, and any animal so
tied, staked, or picketed shall be deemed to be at large.
3-21. Stock running at largeTo be sold to highest bidder.

It shall be the duty of the chief of police to take possession of any such stock running at large and to
immediately notify the owner or person, if known, having control of same, who may reclaim the same any
time before a sale thereof by paying the fees and costs hereinafter provided for. The chief of police shall
immediately advertise and sell any such stock so taken possession of, and such advertisement shall be
by posting notices in three (3) public places in the city for at least three (3) days before the sale, and all
sales hereunder shall be to the highest bidder for cash.
3-22. SameFees to be paid.

The chief of police shall be entitled to a fee as provided by the council for each such animal so taken
by him and for each day he retains such animal in his possession, which shall be paid by the owner when
reclaimed; otherwise, out of the proceeds of the sale thereof. The proceeds of the sale of such stock over
and above the aforementioned fees shall be turned over to the owner, if known; otherwise, it shall be
turned over to the city treasurer, and after the lapse of six (6) months, if not demanded by the owner, shall
become the absolute property of the city.
Page9
3-23. Penalty for violation.
Any person being the owner or having under his control any stock mentioned in the preceding
sections hereof, who knowingly permits any such stock to go at large within the corporate limits of the city,
shall be fined not less than one dollar ($1.00), and not more than ten dollars ($10.00).
Division 2 - Fowl Running at Large

3-24 Unlawful to Allow Fowl to Run at Large
3-25 Fowl - Defined
3-26 Procedure for Taking Up Fowl Found at Large
3-27 Ascertaining Damages of Fowl at Large
3-28 When Judgment is Against Complainant
3-29 Rights of Person Taking Up Fowl at Large
3-30 Settlement; Trial; Appeal
3-31 Fowl Found at Large - When to be Sold
3-323-39. Reserved.
3-24 Unlawful to Allow Fowl to Run at Large

It shall be unlawful for the owner of any chicken, guinea, turkey, goose or duck, to knowingly,
voluntarily, negligently, or willfully permit any such fowls to go at large on the premises of another, within
the corporate limits of the City of Fayette, Alabama. The owner of such fowls so permitted to run at large
shall be liable to any person injured thereby for all damages done to crops, gardens, vegetables, shade or
fruit trees, grass, flowers or ornamental shrubs of another, to be recovered before the Recorder of the
City of Fayette, Alabama, and the judgment of the Recorder against the owner of such fowl so
depredating shall be a lien superior to all liens on the fowls causing the injury, in addition to other
execution and judgment liens prescribed by law or ordinance.
3-25 Fowl - Defined

The term "fowl" or "fowls" where it appears in this Code shall be held to include chicken, geese,
turkeys, ducks and guineas. The terms, "chicken, turkey, geese, ducks and guineas," shall be held to
include male and female and to include all ages of said chicken, geese, turkeys, guineas and ducks.
3-26 Procedure for Taking Up Fowl Found at Large

Any person who is the owner of or in lawful possession of any land, or his agent, shall have the right
to take possession of any chicken, guinea, turkey, goose or duck found at large and uncontrolled on his
premises, or premises of which he has charge, and when so taken up, he shall notify personally the
owner of such fowls, when known, or by leaving a written notice at the usual place of residence of such
owner, within twelve (12) hours after taking up such fowls. If the owner is unknown, the person taking up
Page10
the fowl or fowls shall, within twenty (24) four hours after so taking up the fowl or fowls, file a statement in
writing with the Recorder of the City of Fayette setting forth:
a.
The name of the person taking up the fowl or fowls;
b.
A description of the fowls as to kind, sex, color and apparent age and where taken up; and
c.
The amount of charges claimed for taking up and caring for the fowls.
3-27 Ascertaining Damages of Fowl at Large

The Recorder shall thereupon immediately proceed to inquire and ascertain the amount of such
damages and charges, and if he shall ascertain and determine that such fowls were unlawfully at large on
the premises of another, he shall make and enter on his docket an order in substance as follows:
It appears on the complaint of A. B. that a chicken (guinea, turkey, goose or duck as the case may
be) was unlawfully on the premises or land of A. B. (or C. S. as the case may be), and that the owner
thereof is unknown and that such fowl has damaged the crop (garden, vegetables, shade trees, or
fruit trees, grass, flowers, or ornamental shrubbery) of A. B. (or C. D.) to the amount of ..............
dollars, and that the said A. B. is entitled to ................ dollars for taking up and caring for said fowl,
and that the said fowl be sold for the satisfaction thereof.
3-28 When Judgment is Against Complainant

If, upon the trial of any suit or proceeding brought hereunder, it is ascertained and adjudged by the
Recorder that the fowl taken up by the party complaining was not unlawfully at large upon the premises of
another, he shall render a judgement directing that such fowl or fowls be discharged, and tax the party
complaining with all the costs.
3-29 Rights of Person Taking Up Fowl at Large

The person taking up such fowl or fowls shall be entitled to the possession thereof until the judgment
which may be recovered as herein provided is paid, together with the costs of the same, and the cost of
keeping and caring for after such judgment, or until the same is sold under execution to satisfy said
judgment, or until the damage, which may be ascertained as hereinafter provided, be paid.
3-30 Settlement; Trial; Appeal

The owner of any fowl or fowls which have been seized, as provided herein, shall have the right to
the possession of the same by paying such judgment and cost thereof, or by paying the damages, fees,
costs and expenses due on account of such seizure to the person so seizing such fowl or fowls; but
should the parties be unable to agree upon the amount of damages, fees, costs and expenses due, either
party shall have the right to go before the Recorder of the City of Fayette, Alabama, where such fowl or
fowls are taken up, and have the issue tried instantly, or as soon as practicable, on a written statement or
complaint setting forth in substance the facts of such seizure, first giving the opposite party six (6) hours
notice thereof, and said issue shall involve the validity of such seizure, and the amount of damages, fees,
costs and expenses, under the provisions of this article. The judgment of said Recorder shall have all the
force and effect of a judgment in any other case at law, and be executed in the same manner as
judgments of justice courts is enforced under the laws of the State of Alabama. The owner of such
Page11
property so taken up may give bond in double the value of the same, payable to the person so taking up
said property, to be approved by the Recorder before whom the proceedings are pending, conditioned to
deliver the property to the chief of police or other legal officer having the writ of execution or order of sale
issued on such judgment to satisfy such judgment rendered in said cause, within five (5) days after such
judgment to satisfy such judgment as to damages and costs.
If, upon the trial, it is shown that the owner of said fowl or fowls tendered to the plaintiff a full and fair
compensation for the damages before the suit, and pays the same to the court, then the suit shall be
dismissed at the costs of the plaintiff. On the trial of such issues, the party taking up such fowls shall be
the plaintiff in the action. In case the owner is unknown, the Recorder shall determine the validity of the
seizure and the amount of the damages, fees, costs and expenses, under the provisions of this article,
from such evidence as shall be adduced before him. The fees and costs of the Recorder and policeman
shall be the same as the fees and costs in courts of the State of Alabama, under the general laws for like
services. From any judgment rendered by the Recorder, under the provisions of this article, an appeal
may be taken to the circuit court within Fayette County, Alabama, within five (5) days from the rendition of
such judgments.
3-31 Fowl Found at Large - When to be Sold

If the owner or his agent shall not, under the provisions of this article, when he has made no bond as
above provided, reclaim his fowl or fowls in twelve (12) hours after the Recorder shall have ascertained
such damages, then the Recorder shall order the same sold by the policeman of the city, or by some one
appointed to act as such, and the policeman or person appointed to act as such, upon the making of such
order shall sell the same upon giving one day's notice of such sale by posting a written or printed notice at
three (3) public places in the City of Fayette, one of which places shall be the post office, and, out of the
proceeds, pay the expenses of such sale and of taking up and of the fees and damages due the plaintiff
and of making the order of sale and the keeping and caring for, and the order of condemnation, and the
balance must be paid to the owner of such fowl or fowls, if known, and if not known then into the city
treasury.
3-323-39. Reserved.
ARTICLE V. DANGEROUS ANIMALS AND PROHIBITED ANIMALS

DIVISION 1. - DANGEROUS ANIMALS
DIVISION 2. - PROHIBITED ANIMALS
DIVISION 1. DANGEROUS ANIMALS

3-40. Definition of dangerous animal.
3-41. Prohibition on dangerous animals.
3-42. Exceptions.
3-43. Exceptions for dangerous animal.
3-44. Permit and registration requirements for dangerous animals.
3-45. Notice of keeping dangerous animals.
3-46. Seizure and impounding of dangerous animals.
3-47. Impoundment.
3-48. Redemption of impounded animals by owner.
Page12
3-49. Fees and charges.
3-50. Destruction of animals authorized.
3-51. Permit required.
3-52. Issuance of permit.
3-53. Application for permit.
3-54. Term and renewal of permits.
3-55. Revocation and suspension of permits.
3-56. Costs paid by owner.
3-57. Failure to comply.
3-58. Violations and penalties.
3-59. Severability.
3-603-69. Reserved.
3-40. Definition of dangerous animal.

For the purposes of this chapter "dangerous animal" means and includes:
(1) Any dog or cat which has a disposition, propensity or tendency to attack or bite any person or
domesticated animal without provocation; or cause injury or otherwise endanger the safety of
any person or other domesticated animal as evidenced by its repeated chasing or snapping.
Any dog that has been trained for fighting or is kept primarily for the purpose of fighting. For the
purposes of this article, where the dog or cat has bitten any person, it shall be prima facie
evidence that the dog or cat is a dangerous animal. Any dog which is known by the owner to
habitually charge at persons on the public streets and other public ways shall be presumed to
be dangerous, whether or not such dog has actually bitten or attacked a person or other animal.
(2) Any domesticated dog that has in its known genetic history and/or formal pedigree
crossbreeding with the wolf species to include, but not be limited to, animals referred to as a
wolf-hybrid, wolf-mix breeds or the breed known as Tundra Shepherd.
(3) Any animal which is not naturally tame or gentle but is of a wild nature or disposition and which,
because of its size, vicious nature or other characteristics, would constitute a danger to human
life or property.
(4) Any pit bull dog, which shall be defined to mean:
a.
The bull terrier breed of dog;
b.
Staffordshire bull terrier breed of dog;
c.
American pit bull terrier breed of dog;
d.
American Staffordshire terrier breed of dog;
e.
Dogs of mixed breed or of other breeds than above listed which breed or mixed breed is
known as pit bulls, pit bull dogs, or pit bull terriers;
f.
Any dog which has the appearance and characteristics of being predominantly of the
breeds bull terrier, Staffordshire bull terrier, American pit bull terrier, American Staffordshire
terrier, any other breed commonly known as pit bulls, pit bull dogs or pit bull terriers; or a
combination of any of those breeds.
Page13
Note: As of July 3, 2009, a pit bull dog is a prohibited animal and is subject to the provisions of 370 et seq.
(Ord. No. 2009-02, 5, 6-9-09)
3-41. Prohibition on dangerous animals.

Except as provided in sections 3-42, 3-43, and 3-44, it shall be unlawful to own, harbor, keep or have
charge, custody, control or possession of any dangerous animal in the city.
(Ord. No. 2009-02, 5, 6-9-09)
3-42. Exceptions.
(a) Any person who falls into one (1) of the following subsections shall be permitted to own, harbor, keep
or have charge, custody, control, or possession of a dangerous animal, provided the person has first
secured a permit in accordance with the provisions of this article.
(1) A circus, carnival or other exhibit, training, competition or show by which the animals are kept
for exhibition to the public.
(2) A bona fide, licensed veterinary clinic where the animals are kept for treatment.
(3) Private individuals who have registered a dangerous animal and complied with all applicable
requirements of this article.
(4) The humane society, except that the agency is only exempt from the permit requirements of this
article.
(5) A law enforcement agency which maintains an animal trained and certified to assist in law
enforcement. Such an agency is also exempt from the permit requirements of this article.
(b) The provisions of this article shall not apply to the transportation of a dangerous animal through the
city, when such transporter has taken adequate safeguards to protect the public and has notified the
police department of the proposed route of transportation and the time thereof.
(Ord. No. 2009-02, 5, 6-9-09)
3-43. Exceptions for dangerous animal.

An animal may not be declared a dangerous animal in any of the following circumstances:
(1) When an injury or damage was sustained by a person who, at the time such injury or damage
was sustained, was committing a willful trespass or other tort upon the premises occupied by
the owner of the animal or was teasing, tormenting, abusing or assaulting the animal or was
committing or attempting to commit a crime.
(2) When an injury or damage was sustained by another animal which, at the time such injury or
damage was sustained, was teasing, tormenting, abusing or assaulting the animal alleged to be
dangerous.
(3) When the animal was protecting or defending a person within the immediate vicinity of the
animal from an unjustified attack or assault.
(4) When an injury to a domestic animal was sustained while a dog was working as a hunting dog,
herding dog or predator control dog on the property or under the control of its owner, and the
damage or injury was to a species or type of domestic animal appropriate to the work of the
dog.
(5) When the animal was responding to pain or injury or protecting itself, its kennel or its offspring.
Page14
(6) When a person or domestic animal was disturbing the natural functions of the animal such as
sleeping or eating.
(Ord. No. 2009-02, 5, 6-9-09)
3-44. Permit and registration requirements for dangerous animals.

The keeping of a dangerous animal shall be subject to the following mandatory requirements:
(1) Confinement. A dangerous animal shall be securely confined indoors or in a securely enclosed
and locked pen or kennel, except when leashed and muzzled or in a crate as provided below.
Such pen, kennel or structure must have secure sides and a secure top attached to the sides.
Such structure must have a secure bottom or floor attached to the sides of the pen or the sides
of the pen must be embedded in the ground no less than two (2) feet. All structures used to
confine a dangerous animal must be locked with a key or combination lock when such animals
are within the structure. All structures erected to house a dangerous animal must comply with all
zoning and building regulations. All such structures must be adequately lighted and ventilated
and kept in a clean and sanitary condition.
(2) At large. No person shall permit a dangerous animal to be at large. It shall be no defense in any
prosecution that such animal was at large or improperly confined, leashed or muzzled without
the knowledge, consent or permission of the person charged with the violation.
(3) Leash and muzzle or crate. No person shall permit a dangerous animal to go outside its kennel
or pen unless such animal is securely leashed with a leash no longer than three (3) feet in
length and under the control of a competent adult. As an alternative, the animal may be
confined in a locked crate which is constructed of material of sufficient strength to prevent
escape, posted with a sign saying "dangerous animal" and constructed so that a child cannot
penetrate the crate with his hand. When a dangerous animal is in a vehicle or being transported
in an open truck bed or other conveyance, it shall be confined in a locked crate or cage which is
constructed of material of sufficient strength to prevent escape and posted with a sign saying
"dangerous animal" and constructed so that a child cannot penetrate the crate or cage with his
hand. No person shall permit a dangerous animal to be kept on a chain, rope or other type of
leash outside its kennel or pen unless a person is in physical control of the leash. Such animals
may not be leashed to inanimate objects such as trees, posts or buildings. In addition, a
dangerous animal on a leash outside of the animal's kennel must be muzzled by a muzzling
device sufficient to prevent such animals from biting persons or other animals.
(4) Confinement indoors. No dangerous animal may be kept on a porch, patio or in any part of a
house or structure that would allow the animal to exit such building on its own volition. In
addition, no such animal may be kept in a house or structure when the windows are open or
when screen windows or screen doors are the only obstacle preventing the animal from exiting
the structure.
(5) Signs. All owners of a dangerous animal shall display immediately to the left of the front door of
the residence or business where the animal is located a sign which shall be easily readable by
the public using the works "dangerous animal." In addition, a similar sign is required to be
posted on the kennel or pen of such animal.
(6) Insurance. All owners of a dangerous animal must have liability insurance in a single incident
amount of at least one hundred thousand dollars ($100,000.00) specifically covering any
damage or injury which may result from the ownership, keeping or maintenance of such animal.
The policy shall contain a provision requiring the city to be named as an additional insured for
the sole purpose of being notified by the insurer of any cancellation, termination or expiration of
the liability insurance policy. At the time of the initial registration the owner must present proof to
the police chief of the required insurance. At the time of subsequent registration the owner must
show proof of insurance for the present registration period and proof that there was insurance
coverage throughout the period of the prior registration year. In the event the liability insurance
Page15
is canceled, lapsed, or for any other reason becomes nonenforceable, the owner shall be in
violation of the provisions of this article and subject to the penalties provided herein.
(7) Identification photographs. All owners of a dangerous animal must provide to the police chief
two (2) color photographs of the animal clearly showing the color and approximate size of the
animal.
(8) Reporting requirements. All owners of a dangerous animal must within ten (10) days of the
incident, report the following information in writing to the police chief as required hereinafter:
a.
The removal from the city or death of the animal;
b.
The birth of offspring of the animal;
c.
The new address of the owner if the owner moves within the city limits;
d.
The name and address of any person to whom ownership or possession of the animal is
transferred.
(9) Sale or transfer of ownership prohibited. No person shall sell, barter or in any other way dispose
of a dangerous animal registered with the city to any person within the city unless the recipient
person resides permanently in the same household and on the same premises as the registered
owner of such animal; provided that the owner of a dangerous animal may sell or otherwise
dispose of a registered animal or its offspring to persons who do not reside within the city.
(10) Animals born of registered animal. All offspring born of a dangerous animal registered with the
city must be removed from the city within six (6) weeks of birth.
(Ord. No. 2009-02, 5, 6-9-09)
3-45. Notice of keeping dangerous animals.

Upon the written complaint of any person that a person owns or is keeping or harboring a dangerous
animal in violation of this article, the police chief shall forthwith cause the matter to be investigated. If after
investigation, the facts indicate that such person named in the complaint is in fact the owner of a
dangerous animal, the police chief shall send written notice to such person requiring such person to either
obtain a permit for such animal or remove the animal from the city within five (5) days of the date of
notice. Such notice shall not be required where the dangerous animal has previously caused physical
harm to any person or has escaped and is at large; in those instances the police chief shall cause the
animal to be immediately seized and impounded, according to the provisions of section 3-46, or killed if
seizure and impoundment are not possible without risk of serious physical harm to any person.
(Ord. No. 2009-02, 5, 6-9-09)
3-46. Seizure and impounding of dangerous animals.

The police chief shall cause to be seized and impounded any dangerous animal, where the owner
has failed to comply with the notice sent pursuant to section 3-45. Upon a seizure and impoundment, the
animal shall be delivered to a place of confinement. If, during the course of seizing and impounding any
such animal, it poses a risk of serious physical harm or death to any person, then the animal may be
killed.
(Ord. No. 2009-02, 5, 6-9-09)
3-47. Impoundment.
Any animal seized under this article shall be confined at the animal shelter for a period of not less
than seven (7) calendar days. The period shall be extended to end on a day which is not a Saturday,
Page16
Sunday or municipal holiday. The animal shall be held at the animal shelter until the expiration of the
detention period.
(Ord. No. 2009-02, 5, 6-9-09)
3-48. Redemption of impounded animals by owner.

The owner of any animal confined under the provisions of this article may recover the possession of
such animal upon payment of the charges set forth in section 3-49, provided that evidence is presented
that the animal has been inoculated for rabies in the past twelve (12) months and also evidence that all
required permit fees have been paid to the city for the current year. If the owner is unable to produce a
certificate or satisfactory evidence of inoculation and of permitting, then such animal shall not be
released.
(Ord. No. 2009-02, 5, 6-9-09)
3-49. Fees and charges.

The animal shelter shall be entitled to and shall receive a fee for confining and keeping each and
every animal, plus the cost of any veterinary services deemed necessary to the well-being of the animal.
(Ord. No. 2009-02, 5, 6-9-09)
3-50. Destruction of animals authorized.

After an animal has been confined for the period of time provided by section 3-47, and if the owner
fails to recover possession of such animal as provided in this article, or fails to pay the charges as
provided in this article, or if satisfactory evidence as required by section 3-48 was not provided, then such
animal shall be destroyed.
Any police officer who is assisting in impounding any animal shall have the authority to shoot and kill
such animal if in attempting to capture the animal it shall become an immediate hazard to the safety of
such person or to the safety of persons or animals in the vicinity.
(Ord. No. 2009-02, 5, 6-9-09)
3-51. Permit required.

(a) No owner of any dangerous animal shall allow such animal to remain within the city unless the
person has first secured a permit to do so and complies with all terms and conditions of such permit;
and, in addition thereto, such animal shall at all times be so confined, controlled and restrained in
such manner that the life, limb or property of any person lawfully entering such premises shall not be
endangered.
(b) Failure to obtain a permit when required by subsection (a) after written notification by the police chief
shall be adequate grounds for seizing and impounding the animal to allow the owner to obtain a
permit. The owner shall be responsible for paying all fees and costs of the impoundment. If no permit
is obtained within seven (7) days, the animal will be subject to summary destruction.
(Ord. No. 2009-02, 5, 6-9-09)
3-52. Issuance of permit.

Except as hereinafter provided, no person shall have, keep, maintain, or have in his possession or
under his control within the city any dangerous animal without first applying to and receiving a permit from
the police chief.
Page17
(Ord. No. 2009-02, 5, 6-9-09)
3-53. Application for permit.

(a) An application for any permit required pursuant to this article shall be made to the police chief in
writing and upon a form furnished by the police chief. The application shall be verified by the person
who desires to have, keep, maintain or have in his possession or under his control the animal for
which a permit is required, and shall set forth the following:
(1) Name, address and telephone number of the applicant.
(2) The applicant's interest in such animal.
(3) The proposed location, and the name, address, and telephone number of the owner of such
location, and of the lessee, if any.
(4) The number and general description of all animals for which the permit is sought.
(5) Any information known to the applicant concerning vicious or dangerous propensities of all such
animals.
(6) The housing arrangements for all such animals with particular details as to the structure, locks
and fencing.
(7) Safety precautions proposed to be taken.
(8) Noises or odors anticipated in the keeping of such animals.
(9) Prior history of incidents involving the public health or safety involving any of the animals.
(10) Proof of insurance to cover those who may be injured or killed by the animal.
(11) Proof of required inoculations.
(12) Any additional information required by the police chief at the time of filing such application.
(b) The application shall be accompanied by payment of a fee of twenty-five dollars ($25.00), or fifty
dollars ($50.00) in the case of a dog which has not been spayed or neutered.
(Ord. No. 2009-02, 5, 6-9-09)
3-54. Term and renewal of permits.

A permit issued in accordance with this chapter shall be valid until December 31 of the year in which
it is issued. An application for renewal of any permit shall be made not less than forty-five (45) days prior
to the expiration thereof, and shall be accompanied by the same fee as required upon making the original
application. If the application is submitted later than forty-five (45) days prior to the expiration of the
existing permit, then a late fee of five dollars ($5.00) per day after the deadline shall be added to the fee.
(Ord. No. 2009-02, 5, 6-9-09)
3-55. Revocation and suspension of permits.

The police chief may, for good cause, revoke any permit or modify any terms or provisions thereof
and may, in the event it is reasonably necessary to protect against an immediate threat or danger to the
public health or safety, suspend any permit or portion thereof. Failure to comply with any of the provisions
of this article shall be considered good cause for revocation or suspension of a permit and seizure of the
animal. If the seized animal is not redeemed within seven (7) days, then the animal may be summarily
destroyed.
(Ord. No. 2009-02, 5, 6-9-09)
Page18
3-56. Costs paid by owner.
Any cost incurred by the police chief or animal control officer in seizing, impounding, confining or
disposing of any dangerous animal, pursuant to the provisions of this article shall be charged against the
owner of such animal and shall be collected by the police chief.
(Ord. No. 2009-02, 5, 6-9-09)

It shall be unlawful for the owner of a dangerous animal to fail to comply with the requirements and
conditions set forth in this article. Any animal found to be the subject of a violation of this article shall be
subject to immediate seizure and impoundment. In addition failure to comply will result in the revocation
of the permit providing for the keeping of such animal. The city police officers are hereby authorized and
empowered, in lieu of placing persons under custodial arrest, to issue a summons and complaint to any
person charged with violating this article with the Uniform Non-Traffic Citation and Complaint (UNTCC)
serving as the charging instrument.
(Ord. No. 2009-02, 5, 6-9-09)

Any person violating or permitting the violating of any provision of this division shall, upon conviction
in the municipal court, be fined a sum of not less than two hundred dollars ($200.00) and not more than
five hundred dollars ($500.00). In addition to the fine imposed, the court may sentence the defendant to
imprisonment for a period not to exceed six (6) months. In addition, the court may order the registration of
the animal revoked and the animal removed from the city. Should the defendant refuse to remove the
animal from the city, the municipal judge may find the defendant in contempt and order the immediate
confiscation and impoundment of the animal. Each day that a violation of this section continues shall be
deemed a separate offense. In addition to the foregoing penalties, any person who violates this section
shall pay all expenses, including shelter, food, handling, veterinary care and testimony necessitated by
the enforcement of this section.
(Ord. No. 2009-02, 5, 6-9-09)
3-59. Severability.
If any section, sentence, clause or phrase of this article is for any reason held to be invalid or
unconstitutional by a decision of any court, such decision shall not affect the validity of the remaining
portions of this article.
(Ord. No. 2009-02, 5, 6-9-09)
3-603-69. Reserved.
DIVISION 2. PROHIBITED ANIMALS
3-70. Prohibited animals.
3-71. Prohibition.
3-72. Exception.
Page19
3-70. Prohibited animals.

For the purposes of this article, "prohibited animal" means and includes:
(1) Any pit bull dog. "Pit bull dog" is defined to mean:
a.
b.
c.
American pit bull terrier breed of dog;
d.
American Staffordshire terrier breed of dog;
e.
Dogs of mixed breed or of other breeds than above listed which breed or mixed breed is
known as pit bulls, pit bull dogs, or pit bull terriers;
f.
Any dog which has the appearance and characteristics of being predominantly of the
breeds: bull terrier, Staffordshire bull terrier, American pit bull terrier, American
Staffordshire terrier, any other breed commonly known as pit bulls, pit bull dogs or pit bull
terriers; or a combination of any of those breeds.
(Ord. No. 2009-02, 5, 6-9-09)
3-71. Prohibition.
As of July 3, 2009, it shall be unlawful to keep, harbor, own or have charge, custody, control or
possession of a prohibited animal within the corporate limits of the city.
(Ord. No. 2009-02, 5, 6-9-09)
3-72. Exception.
The provisions of section 3-71 are not applicable to owners of a prohibited animal registered with the
city on the effective date of this section. The keeping of such prohibited animal, however, shall be subject
to the same conditions, standards and restrictions as a dangerous animal.
(Ord. No. 2009-02, 5, 6-9-09)

It shall be unlawful for the owner of a prohibited animal to fail to comply with the requirements and
conditions set forth in this division. Any prohibited animal found to be the subject of a violation of this
section shall be subject to immediate seizure and impoundment. The city police officers are hereby
authorized and empowered, in lieu of placing persons under custodial arrest, to issue a summons and
complaint to any person charged with violating this article with the Uniform Non-Traffic Citation and
Complaint (UNTCC) serving as the charging instrument.
(Ord. No. 2009-02, 5, 6-9-09)

Any person violating or permitting the violating of any provision of this division shall, upon conviction
in the municipal court, be fined a sum of not less than two hundred dollars ($200.00) and not more than
Page20
five hundred dollars ($500.00). In addition to the fine imposed, the court may sentence the defendant to
imprisonment for a period not to exceed six (6) months. In addition, the court may order the animal
removed from the city. Should the defendant refuse to remove the animal from the city, the municipal
judge may find the defendant in contempt and order the immediate confiscation and impoundment of the
animal. Each day that a violation of this section continues shall be deemed a separate offense. In addition
to the foregoing penalties, any person who violates this section shall pay all expenses, including shelter,
food, handling, veterinary care and testimony necessitated by the enforcement of this section.
(Ord. No. 2009-02, 5, 6-9-09)
Page21
- CODE OF ORDINANCES
Chapter 10 - ANIMALS
ARTICLE VII. DANGEROUS ANIMALS
ARTICLE VII. DANGEROUS ANIMALS [6]
Sec. 10-221. Definition of dangerous animal.
Sec. 10-222. Prohibition.
Sec. 10-223. Exceptions.
Sec. 10-224. Exceptions for dangerous dog.
Sec. 10-225. Permit and registration requirements for dangerous dogs.
Sec. 10-226. Requirements for dangerous snakes.
Sec. 10-227. Notice of keeping dangerous animals.
Sec. 10-228. Seizure and impounding of dangerous animals.
Sec. 10-229. Permit required.
Sec. 10-230. Issuance of permit.
Sec. 10-231. Application for permit.
Sec. 10-232. Term and renewal of permits.
Sec. 10-233. Inspections, investigations, and issuance of renewal permits.
Sec. 10-234. Revocation and suspension of permits.
Sec. 10-235. Commercial establishments.
Sec. 10-236. Costs to be paid by responsible persons.
Sec. 10-221. Definition of dangerous animal.

For the purposes of this article "dangerous animal" means and includes:
(1) Any mammal, amphibian, fish, reptile or fowl which is of a species which, due to size, vicious
nature or other characteristics would constitute a danger to human life, physical well-being, or
property, including but not limited to, lions, tigers, leopards, panthers, bears, wolves, apes,
gorillas, monkeys of a species whose average adult weight is 20 pounds or more, foxes,
elephants, alligators, crocodiles, and snakes which are venomous or otherwise present a risk of
serious physical harm or death to human beings as a result of their nature or physical makeup
including, but not limited to, boa constrictors, Madagascar ground boas, green and yellow
anacondas, Cuban boas, Indian pythons, reticulated pythons, African rock pythons,
Amethystine pythons, Boelen's pythons and all members of the family pythonidae that exceed
six feet in length.
(2) Any dog or cat which has a disposition or propensity to attack or bite any person or
domesticated animal without provocation, has been trained for fighting or is kept primarily for
the purpose of fighting. For the purposes of this article, where the official records of the animal
control officer or police chief indicate a dog or cat has bitten any person or persons, it shall be
prima facie evidence that the dog or cat is a dangerous animal. Any dog which is known by the
owner or person in charge to habitually charge at persons on the public streets and other public
ways shall be presumed to be dangerous, whether or not such dog has actually bitten or
attacked a person or other animal.
Gadsden, Alabama, Code of Ordinances
Page 1
(3) Any domesticated dog that has in its known genetic history and/or formal pedigree
crossbreeding with the wolf species to include, but not be limited to, animals referred to as wolfhybrids or wolf-mix breeds or the breed known as Tundra Shepherd. The registration of an
animal at any time in any jurisdiction as a wolf-hybrid, wolf-mix or Tundra Shepherd shall
constitute prima facie evidence the animal is prohibited by this section. The term wolf-hybrid
refers to all animals described in this subsection.
(4) Any animal which is not naturally tame or gentle but is of a wild nature or disposition and which,
because of its size, vicious nature or other characteristics, would constitute a danger to human
life or property.
(5) Any pit bull terrier, which shall be defined as any American Pit Bull Terrier or Staffordshire Bull
Terrier or American Staffordshire Terrier breed of dog, or any mixed breed of dog which
contains as an element of its breeding the breed of American Pit Bull Terrier or Staffordshire
Bull Terrier or American Staffordshire Terrier as to be identifiable as predominantly of the breed
of American Pit Bull Terrier or Staffordshire Bull Terrier or American Staffordshire Bull Terrier.
(Ord. No. O-155-05, 4, 11-15-2005)
Sec. 10-222. Prohibition.

Except as provided in sections 10-223, 10-224, 10-225 and 10-226, it shall be unlawful to own, keep,
or harbor any dangerous animal in the city.
(Ord. No. O-155-05, 4, 11-15-2005)
Sec. 10-223. Exceptions.

(a) Any person who falls into one of the following subsections shall be permitted to own, harbor or have
charge, custody, control, or possession of a dangerous animal, provided the person has first secured
a permit under section 10-229; and provided further that owners, keepers or harborers of dangerous
dogs shall also be required to register their animals in accordance with the provisions of this article:
(1) Zoos, bona fide educational or medical institutions, museums or any other place where they are
kept as live specimens for the public to view, or for the purpose of instruction or study.
(2) A circus, carnival or other exhibit, training, competition or show by which the animals are kept
for exhibition to the public.
(3) A bona fide, licensed veterinary hospital or clinic where the animals are kept for treatment.
(4) Commercial establishments possessing such animals for the purpose of sale or display.
(5) Private individuals who have registered a dangerous dog and complied with all applicable
requirements of this Code.
(6) The humane society, except that the agency is also exempt from the registration requirements
of this article.
(7) A law enforcement agency which maintains an animal trained and certified to assist in law
enforcement. Such an agency is also exempt from the registration requirements of this article.
(b) The provisions of this article shall not apply to the transportation of a dangerous animal through this
city, when such transporter has taken adequate safeguards to protect the public and has notified the
police department of the proposed route of transportation and the time thereof.
(Ord. No. O-155-05, 4, 11-15-2005)
Page 2
Sec. 10-224. Exceptions for dangerous dog.
A dog may not be declared a dangerous animal in any of the following circumstances:
(1) When an injury or damage was sustained by a person who, at the time such injury or damage
was sustained, was committing a willful trespass or other tort upon the premises occupied by
the owner or harborer of the dog or was teasing, tormenting, abusing or assaulting the dog or
was committing or attempting to commit a crime.
(2) When an injury or damage was sustained by another animal which, at the time such injury or
damage was sustained, was teasing, tormenting, abusing or assaulting the dog alleged to be
dangerous.
(3) When the dog was protecting or defending a person within the immediate vicinity of the dog
from an unjustified attack or assault.
(4) When an injury to a domestic animal was sustained while the dog was working as a hunting
dog, herding dog or predator control dog on the property or under the control of its owner or
harborer, and the damage or injury was to a species or type of domestic animal appropriate to
the work of the dog.
(5) When the dog was responding to pain or injury or protecting itself, its kennel or its offspring.
(6) When a person or domestic animal was disturbing the natural functions of the dog such as
sleeping or eating.
(Ord. No. O-155-05, 4, 11-15-2005)
Sec. 10-225. Permit and registration requirements for dangerous dogs.

The keeping of a dangerous dog shall be subject to the following mandatory requirements:
(1) Confinement. A dangerous dog shall be securely confined indoors or in a securely enclosed and
locked pen or kennel, except when leashed and muzzled or in a crate as provided below. Such
pen, kennel or structure must have secure sides and a secure top attached to the sides. Such
structure must have a secure bottom or floor attached to the sides of the pen or the sides of the
pen must be embedded in the ground no less than one foot. All structures used to confine a
dangerous dog must be locked with a key or combination lock when such animals are within the
structure. All structures erected to house a dangerous dog must comply with all zoning and
building regulations of the city. All such structures must be adequately lighted and ventilated
and kept in a clean and sanitary condition.
(2) Leash and muzzle or crate. No person shall permit a dangerous dog to go outside its kennel or
pen unless such dog is securely leashed with a leash no longer than three feet in length and
under the control of a competent adult. (As an alternative, the animal may be confined in a
locked crate which is constructed of material of sufficient strength to prevent escape, posted
with a sign saying "dangerous animal" and constructed so that a child cannot penetrate the
crate with his hand.) When a dangerous dog is in a vehicle or being transported in an open
truck bed or other conveyance, it shall be confined in a locked crate or cage which is
constructed of material of sufficient strength to prevent escape and posted with a sign saying
"dangerous animal" and constructed so that a child cannot penetrate the crate or cage with his
hand. No person shall permit a dangerous dog to be kept on a chain, rope or other type of leash
outside its kennel or pen unless a person is in physical control of the leash. Such dogs may not
be leashed to inanimate objects such as trees, posts, buildings, etc. In addition, a dangerous
dog on a leash outside the animal's kennel must be muzzled by a muzzling device sufficient to
Page 3
(3) Confinement indoors. No dangerous dog may be kept on a porch, patio or in any part of a
house or structure that would allow the dog to exit such building on its own volition. In addition,
no such animal may be kept in a house or structure when the windows are open or when screen
windows or screen doors are the only obstacle preventing the dog from exiting the structure.
(4) Signs. All owners, keepers or harborers of a dangerous dog shall display immediately to the left
of the front door of the residence or business where the animal is located a sign furnished by
the revenue department which shall be easily readable by the public using the words
"Dangerous Animal." In addition, a similar sign is required to be posted on the kennel or pen of
such animal.
(5) Insurance. All owners, keepers or harborers of a dangerous dog must provide proof to the city
clerk of liability insurance in a single incident amount of at least $100,000.00 specifically
covering any damage or injury which may result from the ownership, keeping or maintenance of
such animal. The policy shall contain a provision requiring the city to be named as an additional
insured for the sole purpose of being notified by the insurer of any cancellation, termination or
expiration of the liability insurance policy. At the time of initial registration the owner, keeper or
harborer must present proof to the police chief of the required insurance. At the time of
subsequent registration the owner, keeper or harborer must show proof of insurance for the
present registration period and proof that there was insurance coverage throughout the period
of the prior registration year. In the event the liability insurance is canceled, lapsed, or for any
other reason becomes nonenforceable, the owner, keeper, or harborer shall be in violation of
the provisions of this article and subject to the penalties provided herein.
(6) Identification photographs. All owners, keepers or harborers of a dangerous dog must provide to
the police chief two color photographs of the animal clearly showing the color and approximate
size of the animal.
(7) Reporting requirements. All owners, keepers or harborers of a dangerous dog must within ten
days of the incident, report the following information in writing to the police chief as required
hereinafter:
a.
The removal from the city or death of the dog;
b.
The birth of offspring of the dog;
c.
The new address of the owner if the owner moves within the city limits;
d.
The name and address of any person to whom ownership or possession of the dog is
transferred.
(8) Animals born of registered dogs. All offspring born of a dangerous dog registered with the city
must be registered with the city within six weeks of the birth of such animal.
(9) Failure to comply. It shall be unlawful for the owner, keeper or harborer of a dangerous dog to
fail to comply with the requirements and conditions set forth in this article. Any dog found to be
the subject of a violation of this article shall be subject to immediate seizure and impoundment.
In addition, failure to comply will result in the revocation of the license of such animal and the
permit providing for the keeping of such animal resulting in the immediate removal of the animal
from the city.
(Ord. No. O-155-05, 4, 11-15-2005)
Sec. 10-226. Requirements for dangerous snakes.

The keeping of any snakes of the species boa constrictors, Madagascar ground boas, green and
yellow anacondas, Cuban boas, Indian pythons, reticulated pythons, African rock pythons, Amethystine
Page 4
pythons, Boelen's pythons and all members of the family pythonidae that exceed six feet in length shall
be kept under the following mandatory conditions.
(1) In consideration of the right of the public not to be unexpectedly exposed to snakes, these
animals will not be openly displayed in a public setting outside of established forums for such
practices to include herpetological shows, educational displays, pet stores and other special
displays whereby members of the public are forewarned that a snake may be displayed in the
open.
(2) Snakes shall be transported in a manner that precludes escape. At a minimum, snakes shall be
placed in a sturdy cloth bag free of holes or tears and the bag placed in a box or similar
container. The box or container must be locked or sealed during transportation.
(3) Snakes shall be housed in secure cages with hinged tops or doors or a sliding glass front which
includes a locking mechanism. The cage shall be kept in a room modified to prevent snake
escapes and which has a door which shall be kept shut or locked when not occupied by the
owner.
(4) Snakes requiring permits shall not be sold to minors.
(5) Pet stores or other vendors or sellers of snakes requiring permits are required to provide a copy
of this article to all prospective purchasers of such snakes.
(6) Snakes will not be fed or in any fashion provided any live or living creature while observable by
any member of the public or in any manner which may otherwise violate the humane laws of the
city.
(7) It shall be unlawful and a violation of this subsection for any person to not comply with the
standards set forth herein.
(Ord. No. O-155-05, 4, 11-15-2005)
Sec. 10-227. Notice of keeping dangerous animals.

Upon the written complaint of any person that a person owns or is keeping or harboring a dangerous
animal in violation of this article, the animal control officer shall forthwith cause the matter to be
investigated. If after investigation the facts indicate that such person named in the complaint is in fact the
owner or is keeping or harboring a dangerous animal, the animal control officer shall forthwith send
written notice to such person requiring such person to safely remove the animal from the city within five
days of the date of the notice. Such notice shall not be required where the dangerous animal has
previously caused serious physical harm or death to any person or has escaped and is at large; in those
instances the animal control officer shall cause the animal to be immediately seized and impounded,
according to the provisions of section 10-228, or killed if seizure and impoundment are not possible
without risk of serious physical harm or death to any person.
(Ord. No. O-155-05, 4, 11-15-2005)
Sec. 10-228. Seizure and impounding of dangerous animals.

The animal control officer shall forthwith cause to be seized and impounded any dangerous animal,
where the person owning, keeping or harboring such animal has failed to comply with the notice sent
pursuant to section 10-227. Upon a seizure and impoundment, the animal shall be delivered to a place of
confinement which may be with any organization which is authorized by law to accept, own, keep or
harbor such animals. If, during the course of seizing and impounding any such animal, the animal poses a
risk of serious physical harm or death to any person, such person or persons authorized by the animal
Page 5
control officer may render the animal immobile by means of tranquilizers or other safe drugs; or if that is
not safely possible, then the animal may be killed.
(Ord. No. O-155-05, 4, 11-15-2005)
Sec. 10-229. Permit required.

(a) No person owning, harboring, or having charge, custody, control or possession of any dangerous
animal shall allow such animal to remain within the city unless the person has first secured a permit
to do so and complies with all terms and conditions of such permit; and, in addition thereto, such
animal shall at all times be so confined, controlled and restrained in such manner that the life, limb or
property of any person lawfully entering such premises shall not be endangered.
(b) Failure to obtain a permit when required by subsection (a) after written notification by the animal
control officer shall be adequate grounds for the officer to impound the animal until a permit is
obtained, all requirements for confinement of the animal are met, and all fees and costs of the
impoundment have been paid. If no permit is obtained within ten days, the animal will be subject to
summary destruction.
(Ord. No. O-155-05, 4, 11-15-2005)
Sec. 10-230. Issuance of permit.

Except as hereinafter provided, no person shall have, keep, maintain, or have in his possession or
under his control within the city any dangerous animal without first applying to and receiving a permit from
the police chief; provided, no permit shall be granted except with such conditions attached as shall, in the
opinion of the police chief, reasonably insure the public health, safety and general welfare. No permit
shall be granted for any animal at any particular location except upon an explicit finding that the issuance
thereof will not be contrary to the public health, safety and general welfare.
(Ord. No. O-155-05, 4, 11-15-2005)
Sec. 10-231. Application for permit.

(a) An application for any permit required pursuant to this article shall be made to the police chief in
writing and upon a form furnished by the police chief. The application shall be verified by the person
who desires to have, keep, maintain or have in his possession or under his control the animal for
which a permit is required, and shall set forth the following:
(1) Name, address and telephone number of the applicant.
(2) The applicant's interest in such animal.
(3) The proposed location, and the name, address, and telephone number of the owner of such
location, and of the lessee, if any.
(4) The number and general description of all animals for which the permit is sought.
(5) Any information known to the applicant concerning vicious or dangerous propensities of all such
animals.
(6) The housing arrangements for all such animals with particular details as to safety or structure,
locks, fencing, etc.
(7) Safety precautions proposed to be taken.
Page 6
(8) Noises or odors anticipated in the keeping of such animals.
(9) Prior history of incidents involving the public health or safety involving any of the animals.
(10) Proof of insurance to cover those who may be injured or killed by the animal.
(11) Any additional information required by the animal control officer at the time of filing such
application.
(b) The application shall be accompanied by payment of a fee of $25.00, or $50.00 in the case of a dog
which has not been spayed or neutered. The fee shall cover the cost of processing the application
and of up to two signs as required in subsection 10-225(4).
(Ord. No. O-155-05, 4, 11-15-2005)
Sec. 10-232. Term and renewal of permits.

A permit issued in accordance with this chapter shall be valid until December 31 of the year in which
it is issued. An application for renewal of any permit shall be made not less than 45 days prior to the
expiration thereof, and shall be accompanied by the same fee as required upon making the original
application. If the application is submitted later than 45 days prior to the expiration of the existing permit,
then a late fee of $5.00 per day after the deadline shall be added to the fee.
(Ord. No. O-155-05, 4, 11-15-2005)
Sec. 10-233. Inspections, investigations, and issuance of renewal permits.

Prior to the annual renewal of any permit issued hereunder and at least once not more than six
months after the issuance of any such permit or after its renewal, the animal control officer shall inspect
the premises subject to such permit to determine whether the person to whom it has been issued is
continuing to comply with all of the conditions specified in this article. In addition, the animal control officer
shall investigate the past history of the permit holder to determine whether during the past permit period
the permit holder was in compliance with all of the conditions specified in this chapter. The investigation
may include a review of department records and interviews with the permit holder and neighbors. If the
animal control officer determines during any such inspection and investigation that any of the conditions
therein specified are being violated the officer shall issue a citation to the responsible person and shall
take the animal into custody pending a hearing on the citation. The officer shall also recommend that the
permit be revoked or not renewed in the event that any violation is not corrected. Upon completion of the
investigation and review process provided herein, the animal control officer shall recommend to the police
chief that the dangerous animal permit be renewed or that the renewal application be denied. If the
recommendation is to deny the permit, the basis for the denial shall be included in the report.
(Ord. No. O-155-05, 4, 11-15-2005)
Sec. 10-234. Revocation and suspension of permits.

The police chief, upon recommendation of the animal control officer may, for good cause, revoke any
permit or modify any terms or provisions thereof and may, in the event it is reasonably necessary to
protect against an immediate threat or danger to the public health or safety, suspend any permit or
portion thereof. Failure to comply with any of the provisions of this article shall be considered good cause
for revocation or suspension of a permit, seizure of the animal, and issuance of a court citation. The ruling
of the municipal court on the citation will determine whether the permit is renewed or reinstated and
whether the animal is returned or permanently surrendered to the humane society.
Page 7
(Ord. No. O-155-05, 4, 11-15-2005)
Sec. 10-235. Commercial establishments.

(a) Commercial establishments possessing a dangerous animal for the purpose of sale or display may
replace the same with others of the same kind, but the number of each shall not be in excess of the
number thereof allowed by the terms of such permit. Such establishments may, in the discretion of
the animal control officer, be granted a permit for such numbers of each kind of animal as do not
exceed the maximum number such establishment estimates will be maintained by it in this city at any
one time during the period of the permit. Such permit shall require the immediate notification of the
animal control officer upon the acquisition of any animal having a prior history of any incident
involving the public health or safety, or resulting in any bodily injury or property damage.
(b) Upon the sale of any dangerous animal, the commercial establishment shall immediately send
notification of the sale along with the name and address of the buyer, the method of transporting the
animal, the path of travel of such transportation, and the destination to the animal control officer.
(Ord. No. O-155-05, 4, 11-15-2005)
Sec. 10-236. Costs to be paid by responsible persons.

Any reasonable costs incurred by the animal control officer in seizing, impounding, confining or
disposing of any dangerous or wild animal, pursuant to the provisions of sections 10-227, 10-228, 10-229
or 10-232 shall be charged against the owner, keeper, or harborer of such animal and shall be collected
by the police chief.
(Ord. No. O-155-05, 4, 11-15-2005)
FOOTNOTE(S):
--- (6) --State Law reference Vicious animals, Code of Ala. 1975, 3-1-3, 3-6-1. (Back)
Page 8
ORDINANCE NO. 2010-03

________________________________________
AN ORDINANCE PROHIBITING OR REGULATING THE OWNING

OR KEEPING OF DANGEROUS ANIMALS INCLUDING PIT BULL
DOGS AND PROVIDING FOR PERMITS FOR CERTAIN DANGEROUS
ANIMALS, AND PROVIDING PENALTIES FOR VIOLATIONS
WHEREAS, the City Council finds that the presence of vicious, ferocious, or
dangerous dogs within the City of Gardendale constitutes a clear and present danger to the
public health, safety, and welfare of the citizens of the City of Gardendale; and,
WHEREAS, the City Council determines that the public health, safety, and welfare
of the citizens of the City of Gardendale require the establishment of regulations
regarding: the sale, ownership, and harboring of such dogs; the confinement and
impoundment of such dogs; the registration of such dogs; and procedures necessary to
protect the public from such dogs.
NOW THEREFORE BE IT ORDAINED by the City Council of the City of
Gardendale, Alabama, while in a regular session on the 18th day of January, 2010, at 6:00
p.m., as follows::
SECTION 1. Definitions.
(a) City as used in this Ordinance means the City of Gardendale and its police
jurisdiction.
(b) Owner as used in this Ordinance means any person, firm, corporation,
organization, or department possessing, harboring, or having the care or custody, whether
temporarily or permanently, of a Pit Bull, Vicious Dog, or Dangerous dog.
(c) Vicious Dog as used in this Ordinance means any dog with a propensity,
tendency, or disposition to attack unprovoked, to cause injury to or otherwise threaten the
safety of human beings or domestic animals; or any dog, which without provocation,
attacks or bites, or has attacked or bitten, a human being or domestic animal; or any dog
owned or harbored primarily, or in part, for the purpose of dog fighting or any dog trained
for dog fighting, or any dog which has been found to be vicious by any Court in a trial or
hearing upon a charge of harboring a vicious animal.
(e) Dangerous Dog as used in this Ordinance means: (a) Any dog which, because of
its aggressive nature, training, or characteristic behavior, is capable of inflicting serious
physical harm or death to humans, and which would constitute a danger to human life or
property if it were not kept in the manner required by this Ordinance; and (b) Any dog
which, when unprovoked, chases or approaches a person in a menacing fashion or
apparent attitude of attack on public or private property.
(f) Pit Bull as used in this Ordinance means: Any Pit Bull Terrier, which shall be
defined as any American Pit Bull Terrier or Staffordshire Bull Terrier or American
Staffordshire Terrier breed of dog, or any mixed breed of dog which contains, as an
element of its breeding, the breed of American Pit Bull Terrier or Staffordshire Bull
Terrier or American Staffordshire Terrier as to be identifiable as partially of the breed of
American Pit Bull Terrier or Staffordshire Bull Terrier or American Staffordshire Bull
Terrier.
SECTION 2. Pit Bulls, Vicious, and Dangerous Dogs.
(a) Prohibited. Except as provided in Section 2(b), effective immediately upon the effective
date of this Ordinance, it shall be unlawful for any Owners to keep, harbor, own, or in any
way possess within the corporate limits of the City any Pit Bull(s), Vicious Dog(s), or
Dangerous Dog(s).
(b) Status of Ownership of Pit Bull(s), Vicious Dog(s) and Dangerous Dog(s)Prior to
Effective Date of this Ordinance. Subject to the standards and requirements contained in
this Ordinance, any Owner that keeps, harbors, owns, or in any way possesses a Pit Bull(s),
Vicious Dog(s), or Dangerous Dog(s) within the City on the effective date of this Ordinance
shall be allowed to continue to do so. Failure to do so shall be unlawful.
(c) Registering and Keeping of Pit Bull(s), Vicious Dog(s) and Dangerous Dog(s). Any such
Pit Bull(s), Vicious Dog(s), or Dangerous Dog(s) allowed under Section 2(b) shall be subject
to the following:
(1)
Registration. An application for registering all Pit Bull(s), Vicious
Dog(s), or Dangerous Dog(s) shall be made to the City Clerk in writing and upon a
form furnished by the City Clerk. The application shall be verified by the person
who desires to keep, harbor, own, or in any way possess a Pit Bull(s), Vicious Dog(s),
or Dangerous Dog(s), and shall set forth the following:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
name, address, and telephone number of the applicant;

the applicants interests in such Pit Bull(s), Vicious Dog(s), or
Dangerous Dog(s);
the proposed location that the Pit Bull(s), Vicious Dog(s), or
Dangerous Dog(s) will be kept, along with the name, address,
and telephone number of the Owner of such location;
the number and general description of all Pit Bull(s), Vicious
Dog(s), or Dangerous Dog(s) for which a permit is sought;
any information known to the applicant concerning the vicious
or dangerous propensities of the Pit Bull(s), Vicious Dog(s), or
Dangerous Dog(s);
the housing arrangements for all Pit Bull(s), Vicious Dog(s), or
Dangerous Dog(s) with particular details as to safety or
structure, locks, fencing, etc.;
safety precautions proposed to be taken by applicant;
noises or odors anticipated in keeping the Pit Bull(s), Vicious
Dog(s), or Dangerous Dog(s);
proof of insurance as required by section 2(c)(7) below; and
photographs as required by section 2(c)(8) below.
(2) Registration Fee. The application shall be accompanied by payment of a

fee of $50.00. The fee shall cover the cost of processing the application.
(3) Leash and muzzle. No person shall permit a registered Pit Bull, Vicious
Dog, or Dangerous Dog to go outside its kennel or pen unless such dog is securely
leashed with a leash no longer than four feet in length. No person shall permit a Pit
Bull, Vicious Dog, or Dangerous Dog to be kept on a chain, rope, or other type of
leash outside its kennel or pen unless a person is in physical control of the leash.
Such dogs may not be leashed to inanimate objects such as trees, posts, buildings,
etc. In addition, all Pit Bull(s), Vicious Dog(s), or Dangerous Dog(s) on a leash
outside the animal's kennel must be muzzled by a muzzling device sufficient to
(4) Confinement. All registered Pit Bull(s), Vicious Dog(s), or Dangerous
Dog(s) shall be securely confined indoors or in a securely enclosed and locked pen or
kennel, except when leashed and muzzled as above provided. Such pen, kennel, or
structure must have secure sides and a secure top attached to the sides. All
structures used to confine registered Pit Bull(s), Vicious Dog(s), or Dangerous
Dog(s) must be locked with a key or combination lock when such animals are within
the structure. Such structure must have a secure bottom or floor attached to the
sides of the pen or the sides of the pen must be embedded in the ground no less than
two feet. All structures erected to house Pit Bull(s), Vicious Dog(s), or Dangerous
Dog(s) must comply with all zoning and buildings regulations of the City. All such
structures must be adequately lighted and ventilated and kept in a clean and
sanitary condition.
(5) Confinement indoors. No Pit Bull(s), Vicious Dog(s), or Dangerous
Dog(s) may be kept on a porch, patio, or in any part of a house or structure that
would allow the dog to exit such building on its own volition. In addition, no such
animal may be kept in a house or structure when the windows are open or when
screen windows or screen doors are the only obstacle preventing the dog from
exiting the structure.
(6) Signs. All Owners, keepers, or harborers of registered Pit Bull(s),
Vicious Dog(s), or Dangerous Dog(s) within the City shall within ten days of the
effective date of this section display in a prominent place on their premises a sign
easily readable by the public using the words "Beware of Dog." In addition, a
similar sign is required to be posted on the kennel or pen of such animal.
(7) Insurance. All Owners, keepers, or harborers of registered Pit Bull(s),
Vicious Dog(s), or Dangerous Dog(s) must within ten days of the effective date of
this Ordinance provide proof to the City Clerk of liability insurance in a single
incident of at least $100,000.00 for bodily injury to or death of any person or
persons or for damage to property owned by any persons which may result from the
Ownership, keeping, or maintenance of such animal. The policy shall contain a
provision requiring the City to be named as an additional insured and shall require
that the insurer notify the City if there is any cancellation, termination, or
expiration of the liability insurance policy. If the liability insurance is canceled,
lapsed, or for any other reason becomes non-enforceable, the Owner, keeper, or
harborer shall be in violation of this Ordinance and subject to the penalties
provided herein.
(8)
Identification Photographs. All Owners, keepers, or harborers of
registered Pit Bull(s), Vicious Dog(s), or Dangerous Dog(s) must within ten days of
the effective date of this section provide to the City Clerk two color photographs of
the registered animal clearly showing the color and approximate size of the animal.
The photographs must be at least four inches by six inches in size. The animal must
be the primary object shown in the photograph.
(9) Reporting Requirements. All Owners, keepers, or harborers of registered
Pit Bull(s), Vicious Dog(s), or Dangerous Dog(s) must within ten days of the
incident, report the following information in writing to the City Clerk as required
hereinafter:
a. The removal from the City or death of a registered Pit Bull(s), Vicious
Dog(s), or Dangerous Dog(s);
b. The birth or offspring of a registered Pit Bull(s), Vicious Dog(s), or
Dangerous Dog(s);
c. The new address of the Owner should the Owner move within the
corporate limits.
d. Subject to the provisions of Section 2(c)(10) below, the name and address
of any person to whom Ownership or possession of a registered Pit Bull(s),
Vicious Dog(s), or Dangerous Dog(s) is transferred.
(10) Sale or Transfer of Ownership Prohibited. No person shall in any way
transfer ownership of a Pit Bull(s), Vicious Dog(s), or Dangerous Dog(s) registered
with the City to any person within the City unless the recipient person resides
permanently in the same household and on the same premises as the registered
Owner of such dog. The Owner of a Pit Bull(s), Vicious Dog(s), or Dangerous Dog(s)
may sell or otherwise dispose of a registered dog or the offspring of such dog to
persons who do not reside within the City.
(11) Animals Born of Registered Dogs. All offspring born of Pit Bull(s),
Vicious Dog(s), or Dangerous Dog(s) registered with the City must be removed from
the City within six weeks of the birth of such animal.
(12) Number of Registered Dogs. Subject to section 2(c)(11) above, no
person shall own, keep, or harbor more than two (2) Pit Bull(s), Vicious Dog(s), or
Dangerous Dog(s) at any one time.
(13) Irrebuttable Presumptions. There shall be an irrebuttable presumption
that any dog registered with the City as a Pit Bull(s), Vicious Dog(s), or Dangerous
Dog(s) is in fact a dog subject to the requirements of this section.
(14) Failure to Comply. It shall be unlawful for the Owner, keeper, or

harborer of a Pit Bull(s), Vicious Dog(s), or Dangerous Dog(s) registered with the
City to fail to comply with the requirements and conditions set forth in this section.
Any dog found to be the subject of a violation of this section shall be subject to
immediate seizure and impoundment. In addition, failure to comply will result in
the revocation of the license of such animals resulting in the immediate removal of
the animal from the City.
(15)
Violations and Penalties. Any person violating or permitting the
violation of any provision of this Ordinance shall, upon conviction in municipal
court, be fined a sum of not less than $200.00 and not more than $500.00. In
addition to the fine imposed, the court may sentence the defendant to imprisonment
for a period not to exceed 30 days. In addition, the court shall order the registration
of the subject Pit Bull(s), Vicious Dog(s), or Dangerous Dog(s) revoked and the dog
removed from the City. Should the defendant refuse to remove the dog from the
City, the municipal court judge shall find the defendant Owner in contempt and
order the immediate confiscation and impoundment of the animal. Each day that a
violation of this section continues shall be deemed a separate offense. In addition to
the foregoing penalties, any person who violates this section shall pay all expenses,
including capture, shelter, food, handling, veterinary care, and testimony
necessitated by the enforcement of this Ordinance.
(16) Enforcement. Any sworn police officer of the City, or any other sworn
law enforcement officer, is hereby authorized to enforce the provisions of this
Ordinance.
SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision
and such holding shall not affect the validity of the remaining portions hereof.
SECTION 4. This ordinance shall become effective immediately upon its adoption
and publication or by its otherwise becoming a law.
ADOPTED AND APPROVED on this 18th day of January, 2010.
ORDINANCE 2005.288R2
/
AIIIMAL CONTROL AND NUISANCE ACT
BE IT ORDAINED BY THE TOWN COUNCIL OF GURLEY, ALABAMA, AS F'OLLOWS:
ARTICLE I. IN GENERAL
Sec. 1-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Animal means any animal, whether cow, horse, sheep, hog, goat, dog, cat or fowl, unless otherwise
specifically excluded
Animql control fficer means any person who may be so designated or employed by the town for the
enforcement of the provisions of this chapter and of any other ordinances of the town conceming animals.
Animql shelter means the place designated or used as such by the tovrn or county for the maintenance and
operation of a pound,
At large means any animal which is offthe property of its owner or person in charge and not carried by
such person, kept in an effective enclosure or under control or restraint by such person by means of a
leash in such a way as to prevent its free movement, and so as to prevent the animal from freely charging
or attacking persons or animals.
Bitten means seized wrth teeth or jaws such that the skin of the person or thing seized has been nipped or
gripped or has been wounded or pierced and there has been probable contact of saliva with the break or
abrasion of the skur.
Caged means confinement in a container, which may include avehicle, in such away that the free
movement of such animal is restrained and so as to prevent the animal caged from biting or attacking a
person or animal.
Cat means all members of the domestic feline family.
Corral means any uncovered, enclosed parcel of land where animals are kept.
Dog means all members of the domestic canine family.
Dog presumed to be vicious. Any dog which is known by the owrer or person in charge to habitually
chase moving vehicles or charge persons on the public streets and other public ways shall be presumed to
be vicious, whether or not such dog has actually bitten or attacked a person or other animal.
Fowl means chickens, ducks, geese, turkeys, guineas, quail, pheasants and all other fowl, including
pigeons, under the charge or control ofany person.
Health departrnent means the county health department or its successor, and any of its authorized agents
or employees.
Humane society means the Humane Society of Madison County or its successor.
Public Nuisance means any animal or condition resulting from an animal that unreasonably annoys,
endangers life or health, or interferes with the rights of citizens to enjoyment of life or property.
Owner andperson in charge mean the actual owner of the animal or any person in whose charge such
animal is being kept, and all the responsible adult members of the household where an animal is regularly
kept or allowed or suffered to remain.
Under control or restraint. When off the premises of the owner or person in charge, to be under control or
restraint, an animal must be carried by such person, caged or kept in the immediate presence of such
person and under actual effective control so that its free movement
is actually restricted by direct voice
command.
Vicious dog means:

drsposition to attack unprovoked or to cause
tnjury
r domestic animals;
.ature or vicious propensity is capable of lnflicting
h would constitute a danger to human life
or p.op'"*y
if it were not kept in the manner required
by this chapter;
Any dog which, without provocation, attacks or bites or has attacked
or bitten a human being or
domestic animal;
(4) Any dog owned or harbored primarily or rn part for the purpose of dog fighting, or any
dog
trarned for dog fighting.
(5) Additionally, one that has been trained as a guard dog, or otherwise, to attack persons
or
domestic animals.
(3)
Sec. 1-2. Penalty,
Any person violating

however, that where
is provided *a
be punished as provided
i.p"
l3rffiI^ilorJtilfifi:l}J:
in section l-7;provided,
chapter ror which a nne
TABLE INSET:
Jffense
Fine for Second

line for Firs
Jffense Within 12
)ffense
Fine for Third

Offense (Habitual)
Months
3ruelty to animals
f200.00
Jourt only
Failure to confine female dos or cat in

reat
t0.00
100.00
250.00
lailure to attach rabies tag to animal
2'5.00
50.00
r00.00
Confining animal in less than minimum

ilea or improper drstance from occupied 25.00
t0.00
t00.00
lwellins
ourt only
Flarboring vicious or dangerous animal
250.00
t00.00
3ourt only
Maintarring a nuisance
i0.00
100.00
250 00
lailure to obtain rabies vaccination
r0.00
t00.00
250.00
\llowing animal (including dog or

,o
cat)
i0.00
100.00
150.00
150.00
t00.00
3ourt only
be at large
A.llowrng an animal known or presumed

:o be
vicious to be atlars.e
Sec. l-3. Exceptions,

Sections 3-5 through 3-7 and 4-5 shall not apply to:
Animals kept at slaughterhouses licensed under permit by the county health officer.
Animals in veterinary hospitals operated by duly licensed veterinarians.
Baby fowl such as baby chicks transported into the town for selling pu{poses or kept within the city
for selhng purposes.
Animals kept at hospitals or scientific institutions for scientific purposes,
Animals at sale bams kept for aperiod no longer than24 hours.
Animals at the coliseum for show purposes.
Animals with circuses and camivals which have been issued a permit by the county health officer
and a license by the revenue department of the town to operate within the town.
Animals used for promotional or advertising purposes on a temporary basis by merchants, civic
groups, clubs, organizations and individuals, provided that the sponsor has obtained a permit for use of
such animals from the health officer and abides by all rules, specifications or conditions stated on the
permit. Failure of a sponsor to comply with such rules on one occasion may be sufficient reason to refuse
to issue a permit on any future occasion,
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Sec. 1-4, Animals atlarge.

Cats and dogs are specifically excluded from this section since they are regulated in article IV of
this chapter.
It shall be unlawful for the owner or person in charge of any animal to cause, permit or allow any
such animal to run or to be at large. It shall be the special duty of the owner or person in charge of all
premises where animals are kept to see that no animal kept upon the premises is permitted or allowed to
be in violation of this chapter. The fact that a particular animal has been kept on particular premrses
together with its subsequent appearance at large shall raise a prima facie presumption that the owner or
person in charge of the premises committed or authorized the violation and the burden of proof shall be
upon the owner or person in charge to prove otherwise. Any owner or person in charge in violation of this
subsection shall be fined as provrded by section l-2.
Any owner or person in charge who repeatedly and habitually allows, suffers or permits any animal
(a)
(b)
(c)
to unlawfully run or be at large shall be fined as provided by section l-2. Proof of three violations by the
same owner or person in charge with respect to animals kept on the same premises within a l2-month
period shall be prima facie proof that such owrer or person in charge is a habitual offender, and the
burden of proof shall be upon the owner or person in charge to prove otherwise.
State law references: Animals at large, Code
of
Ala. 1975, $ 3-5-2.
Sec. 1-5, Right to take custody of stray animals.
Any person within the corporate limits of the city finding any animal running atlarye about his residenee
or the residence of ',ahich he is in charge may take custody of such animal and deliver the animal to any
animal control officer or to the animal shelter as an at-large or stray animal, whether or not the owner or
person rn charge of the animal is actually known, and whether or not there $ any license
tag or
identifi cation affixed thereto.
State law references: Impoundment required, code of
Ala, 1975, $ 3-5-4.
Sec. 1-6. Stealing animal.
It shall be unlawful for any person to entice or take any animal out of the enclosure of
the owner.
State law references: Theft, Code of Ala. 1975, $ l3A-g-l et seq,
Sec. 1-7. Humane traps.
Any animal control officer is hereby authorized, in order to apprehend animals in
violation of this
(a)
ic
the
daily and remove captured animals therefrom to the

all be unlawfi.rl for any
d in any such trap or to
I any premises within the corporate limits of the town may
set his
own humane trap on such premises for the purpose of removing any animal, except songbirds,
*ii.h huu,
entered onto the premises. It shall be the duty of the
9y9r or person in charge to check such irap daily
and deliver any animal captured therein to the animal shelter or to the animalls owner.
(c) Any owner or person in charge of any animal captured in a humane trap which is off the
premises of the owter or person in charge thereof shall be prima facie
ilesumed to have
allowed, suffered or permitted such animal to be or to run at larse,
Sec. 1-8-Public Nuisance.
It shall be unlaffil for
any person to own, keep, possess or maintain an animal in such a manner as to

constitute a public nuisance. By way of example and not of limitation, the following acts or actions
by an
o\Vner or person-in-charge of an animal are hereby declared to be a public nuisance and are therefore
unlawful:
(a) Allowing or p
g
or defec
but not limited to,

vegetables,
prope4y of anyone other than its owner, including

floweis and
e containers, or damaging gardens,

r,
(b) Maintaining an animal in an insanitary environment which results in offensive odors or danger to
the animal or to the public health, safety or welfare; or failing to maintain the animal in a condition of
good order and cleanliness which increases the probability of disease transmission,
properfy in a manner that is offensive, annoying or dangerous to the public
community because of the number, type, variety, density or location-of
(d) Allowing or permitting an animal to bark, whine, howl, crow, or cackle in an excessive or untimely
fashion so as to interfere with the reasonable use and enjoyment of neighboring premises.
(e) Maintaining an animal without adequate medical treatment that is diseased or dangerous to the
public health
(f) Maintatring an animal that habitually or repeatedly chases, snaps at, attacks, or barks at pedestrians,
joggers, bicycles or other vehicles, or animals being walked on a leash.
Sec. 1-9. Noisy Animals.
(a) It shall be unlawful and a nuisance for any person to keep on a residential lot or premises wrthin the
Town any animal or group of animals, known to said person habitually, continuously or intermittently to
make or emit sounds or noises of such volume and nature as unreasonably to interfere with or disturb the
peace, quiet, comfort and repose of a person of ordinary sensibilities within the neighborhood in the
reasonable use and enjoyment of adjacent property.
(b) It shall be unlawful
and a nuisance for any person to keep on any tract,lotor premises within the
Town any animal or group of animals, whether the same is housed in a corral, kennel, building or other
structure(s), under such circumstances that the sounds or noises emitted by said animals are of such
volume and nature as uffeasonably to interfere with or disturb the peace, quiet, comfort and repose of
persons of ordinary sensibilities in the reasonable use and enjoyment of any adjacent property used for
residential purposes.
(c) AnV owner or person-in-charge violating this section shall be guilty of maintaining a nuisance.
Provided, however, that no prosecution shall be commenced and no arrest made pursuant to this section,
except upon affidavit made before, and warrant issued by a municipal judge or magistrate of the Town.
Sec.
l-10.
Odor from Animals.
(a) It shall be unlawful and a nuisance for any person to keep on a residential lot or premises within the
Town any animal or group of animals, known to said person habitually, continuously or intermittently to
create offensive odors so as to interfere with the reasonable use and enjoyment of adjacent property or
neighboring premises.
(b) It shall be unlawful and a nuisance for any person to keep on any tract,lot or premises within the
Town any animal or group of animals, whether the same is housed in a conal,stable, pen, kennel, building
or other structure(s), under such circumstances that the odor from same interferes with the reasonable use
and enjoyment of adjacent property or neighboring premises..
(c) A"y owner or person-in-charge violating this section shall be guilty of maintaining
a nuisance.
Provided, however, that no prosecution shall be commenced and no arrest made pursuant to this
section, except upon affidavit made before, and warrant issued by a municipal judge or magistrate
of the Town.
Sec. 1-11. Sanitation of Premises in Which Animals Are Kept.
It shall be urlawful for any owrer or person-in-charge to keep or maintain a yard, run,
corral, pen, stable or any enclosure in which animals are kept in such an insanitary condition that the
lives, or health of the public generally, of the owner, person-in-charge, his family or the animals contained
shall be endangered. This condition will be deemed to exist when the yard, pen or enclosure shows
evidence ofnot being cleaned daily (each day). The presence in or about such yard, pen, stable or
enclosure of flies, the live larvae of flies, roaches, rats or other vermin or conditions that permit or favor
the growth, existence or development of such shall be prima facie evidence of failure to comply with this
)-
section' All debris and residue shall be removed daily and disposed of in a proper and sanitary
manner.
All yards, runs, cortals, pens, stables, or enclosures in which animals are kept shall comply
*ith ull
regulations of the Health Department pertarning to san e.
Sec.
l-12. Abandoning Animals
Prohibited.
It shall be unlawful for
any person to transport any domestic animal or flny exotic animal,

including reptiles, into the town and subsequently rbandon or set loose siid
animal with ine intent
custody and care. Further, i
avoidmg
transport
Alabama
avoiding
any exotic animal,
of
includin
rth
and subsequently abandon o

custody and care.
ARTICLE tr. ADMINISTRATION AND ENFORCEMENT*

Sec. 2-1. Citations.
Except as otherwise provided by law, when any animal is found by an animal control
officer or other
offical designee of the town to be in violation of any provision of this chapter, and the person
responsible
becomes known , they may issue a citation to the owrer or person in charge for such
violation. The
citation shall direct the person to appear in the municipal court at a time and a date stated
therein to
answer to charges stated in the citation. It shall be unlawful and a misdemeanor for
any person to fail to
appear in the municipal court at the time and place stated in a citation issued by an
animal control officer
or designee.
S
ec. 2-2. Summary disposition.
The magistrate is authorized to receive pleas of guilty for offenses listed in section
the case as provided.
l-2
andto dispose
of
Sec. 2-3. Disposition of fees.
All monies collected, except
as otherwise provided for in this chapter, shall be turned over and delivered
forthwith to the revenue department, The town may contract with other parlies to perform services
regarding animal control and provide in the contract for the compensation of the oih.t purry.
ARTTCLE Itr. KEEPING OF ANIMALS;
AMMAL CRUELTY
Sec. 3-1. Enforcement.
(u)
Any animal control officer, and any duly authorized officer or employee of the humane society or of
the health department, shall have the authority to investigate any complaint or situation in which it is
believed that any animal is being kept, harbored or treated in violation of section 3-9 or 3-12. Such
officers or employees shall then prepare a written report of their findings. Such report shall be kept on file
for a period of two years.
(b)
(1)
(2)
(3)
The report shall include:

The nature, extent and cause of the animal abuse or neglect;
The identity and address of the percon responsible therefor; and
All other data deemed pertinent.
(c)
ln situations where the investigation reveals a violation of section 3-9 or 3-l2,the employee or
officer shall appear before a magistrate to obtain a warrant for the arrest of the owner or person in charge.
(d) Upon determination of guilt of the accused, the court shall cause such animal to be seized or, if the
animal is in protective custody, the animal shelter shall retain custody of such animal.
Sec. 3-2. Temporary protective custody.
Any animal control officer and any employee or officer of the humane society or of the county health
department may take any animal into protective custody after an investigation, without the prior consent
of the owner or person n charge, if the circumstances or conditions of the animal are such that continuing
in the place of residence or in the care and custody of the owner or person in charge presents an imminent
danger to that animal's life or health. However, such official shall immediately seek to procure necessary
process from the court having jurisdiction over the person from whose custody the animal was removed.
The animal shelter shall keep such animal in its custody and control until the date of trial of the accused.
During such period of temporary custody, the animal shelter may give or cause to be given effective
consent for necessary veterinary services for any abused or neglected animal.
Sec. 3-3. Keeping animals generally.
It shall be unlawful for any person to keep within the town any animal unless such animal is kept in
a stable, pen, shed, corral or other structure as provided in this section, or unless such animal is wildlife or
habituates a public park.
(u)
(b)
No animal of the equine, bovine or ovine type shall be kept within 150 feet of any residence, school,
church, hospital, public building, public park or playground. Such animals may be kept within 150 feet of
the residence of the owner or tenant of the property if kept within abarn, stable, shed, building or other
structure provided with concrete floors and drains connected to the public sewer or other sewage disposal
facility satisfactory to the health officer. The health officer shall find such facility satisfactory if it
complies with all applicable laws, ordinances and rules. These floors must be cleaned daily with water
under pressure to discharge the waste.
No rabbits or animals of the hare family and no monkey or animal of the ape family shall be kept
within 300 feet of any residence (other than that of the owner or tenant of the property), school, church,
hospital, public building, public park or playground, except such animals may be kept no closer than 150
feet if kept in an enclosed bam, stable, cage, coop, corral or other enclosure.
(.)
Sec. 3-4. Keeping wild or vicious animals, snakes or reptiles.

It shall be unlawful for the owler or other person in charge thereof to harbor or keep in the city a
wild or vicious animal or a poisonous or dangerous snake or reptile unless such animal is seeurely
confined or bound in such a manner as to prevent such animal from biting or attacking a person or other
animal.
It shall be unlawful for any person to suffer, allow, or permit any animal which is vicious, or
presumed to be vicious, as defined in this chapter, to be offthe premises of the owner or person in charge
unless the animal is caged or leashed and muzzled, and under such restraint as will prevent it from
attacking or injuring a person or other animal.
State law references: Vicious animals, Code of Ala. 1975, $$ 3-l-3, 3-6-1.
(u)
(b)
Sec. 3-5. Minimum area of corrals.

It shall be unlawful for any person to keep any animal in any corral in the city unless such corral shall
have a minimum area of 12,000 square feet for one such animal and an additional 10,000 squaf,e feet for
each additional animal there kept, to every portion of which each and every animal shall have free and
unrestricted access,
Sec. 3-6. Keeping
bees.
(")
striction. It shall be unlawful to keep, harbor or maintain bees within 3 00 feet of any residence,
church,
hospital, public building, park, playground or body of water.
school,
Violations declared nuisance. Any beehive or other device or structure (natwal or nxmmade)
used to maultaux such bees 0r occupied by such bees is hereby declared to be a nuisance. It shall
be unlawful to maintain any such nuisance and such nuisance shall be abated as provided by this
Re
(b)
Code.
Sec, 3-7. Keeping pigs and hogs,
(a)
Except as otherwise provided in this chapter, it shall be unlawful for any person to keep or maintain
any pig, hog or swine within the town.
(b) Registered purebred miniature Vietnamese, Chinese or Oriental potbellied pigs (Sus scrota vittatus)
and other similar registered pwebred miniatwe pigs may be kept within the town limits, subject to the
conditions stated in subsections (c) and (d) of this section.
(c) It is unlawful for any person to maintain a registered purebred miniature pig which:
(1) Weighs more than 125 pounds.
(2) Is not spayed or neutered upon reaching maturity.
(3) Has not undergone a blood test to show the animal is free from pseudorabies,
(4) Is maintained as a food source,
(5) Is taller than 1B inches,
(d) It is unlawful for any person to keep or maintain more than two registered purebred miniature pigs
at one premises wrthin the town.
Sec. 3-8. Keeping fowl.
any person to keep or maintain any fowl wrthin the town except domesticated
maintained
in a cage within a permanent structure.
birds which are
Sec.3-9. Sanitation of premises.

It shall be rurlawful for any person to keep or maintain within the corporate limits of the town a pen,
stable, corral or enclosure wherein animals are harbored or kept in such an wrsanitary condition that the
lives, health or comfort of the animal or of the public shall be endangered. The presence in or about such
pen, stable, corral or enclosure of the live larvae of flies under conditions which permit or favor growth or
development of flies shall be prima facie evidence of keeping or maintaining such pen, stable, corral or
enclosure in violation of the provisions of this section. All such pens, stables, corrals or enclosures shall
comply with all the regulations of the county board of health pertaining to such pens, stables, corrals or
enclosures, and shall be cleaned each day and the residue regularly disposed of in a sanitary manner. It
shall be unlawful for any person to keep or maintain within the town any combination of animals upon
any premises in such a manner as to constitute a nuisance.
Sec. 3-10, Grazing animals.
any person to cause or allow any horse, mule or cow to feed upon, graze upon, bite
or pick the grass or abuse any shrubbery upon any public or private yard, lawn, terrace, slope, circle, park,
strip or other place which has been improved or beautified by any private owrrer or by the town within the
city or along any of the streets of the town,
State law references: Staking, etc,, animal near highway, Code of

Sec.
3-l l, Feeding pigeons.
Ala. 1975,
$ 3-3-1.
any person to feed or cause to be fed or to make food available or accessible to
any unclaimed pigeon atlarge withrn the town,
Sec. 3-12. Crueltyto animals generally.

It shall be unlawful for any person to:
Fail to provide adequate food or water for any animal.
(a)
(1)
(2) O
, or overdrive any animal, causing physical pain or suffering.
(3) B
poison, deprive of necessary substance or mutilate anv animal.
causing
death,
(4) Fail to provide adequate medical attention for any sick, diseased or injured animal.
(5) Keep any animal under unsanitary or inhumane conditions which ale detrimental to the animal's
health and general welfare, or fail to maintain the animal in a condition of good order or cleanliness
which
increases the probability of transmission of disease.
Tease, molest, bait or harass any animal.
Set any rabbit, raccoon, fox or other such animal loose for the purpose of chasing or hunting
the
animal or conducting a race using such animal.
Promote, permit, stage, hold, manage, conduct, carry on, allow or attend any fight or combat
involving one or more animals or involving animals and humans, or in which an animal is awarded as a
(6)
(7)
(8)
prize in a contest.
(9) Fail to provide adequate shelter for an animal wherein the animal can be protected from the
extremes of weather (heat, cold, rain, wind, sun, etc.), provided such person is the owner or person in
charge of such animal.
(10) Transport or carry any animal in a motor vehicle unless the animal is safely enclosed within the
vehicle or protected by a cab or container, cage, cross-tether, or other device to prevent the animal from
falling out of or being thrown flom the vehicle.
(11) Place or confine an animal or allow an animal to be placed or confined in a motor vehicle under
such conditions or for such a period of time as to endanger the health or welfare of the animal because of
temperature, lack of food or water, or such other conditions as may reasonably be expected to cause
suffering, disability or death.
(I2) Reshain an animal with a leash or humane restraining device that is less than eight feet long,
unless walking or training such animal.
(13) Maliciously kill, disable, disfigure or injure any animal.
(14) Maliciously strike, beat, abuse, or intentionally run down with a vehicle any animal
(15) Administer poison to any animal, or knowingly leave any poisonous substance of any kind or
ground glass in any place with the intent to injure any animal; provided that this shall not intlude a
licensed veterinarian acting for humanitarian purposes, or a licensed exterminator using poison,
commercial insecticide or rodent bait as part of a pest control program
(16) Engage in any act uzhich causbs or inflicts unnecessary pain, injury, suflering or deathto an
animal.
(b) Dehorning of cattle and other procedures typically performed by veterinarians, including ear or tail
docking, shall not be a violation of this section.
(State law references: Cruelty to animals, Code of Ala. 1975, $ 134-11-14; cruelty to dogs or cats, Code
of Ala. 1975, $ 13,{-1T-240 et seq.; dog fighting, Code of Ala. 1975, $ 3-l-29; cockfighting, Code of Aia.
1975, $ I3A-t2-4.
Sec. 3-13. Fighting animals.
(a)
Any person who fights, or causes to be fought, any animal, or bets any money or other thing of
value on the result of such fight, shall be guilty of an offense.
(b)
No person shall possess or harbor or maintain care or custody of any animal for the purpose of
fighting, or train, torment, badger, bait or use any animal for the purpose of causing or
encouraging the animal to attack human beings or domestic animals.
State law references: Cockfighting, Code of AIa. 1975, $
I3A-LZ-4.
Sec. 3-14. Poultry dealers, shippers and carriers.

Dealers in, shippers of and carriers of poultry for the market shall be subject to the following
regulations:
The crates in which poultry is to be kept for sale in the market shall be built with sotid board
bottoms and latticed or wired sides, ends and tops, the slats not being over I 1/2 inches wide, and shall
be
so constructed that the heads of the fowl shall not protrude therefrom
For turkeys and geese the inside measurements of such crates shall not be less than 20 inches hish
(3
For all small fowl such crates shall not be less than rz inches high.
No crates, coops or other receptacles in which wl are carried or shipped or kept shall contain at
any time more than 100 pounds of poultry, large or small.
All poultry shipped, carried or kept for the market shall be regularly watered and fed and kept out of
rain and the sun and not otherwise injuriously exposed to the weather.
Injured, diseased or dead fowl shall, immediately upon discovery of such injury, disease or death,
be removed from the crate or coop in which fowl are shipped, carried or kept,
(1)
(2)
)
(4)
(5)
(6)
ARTICLE ry. DOGS AND CATST

*State law references: Cruelty to dogs and cats, Code of Ala. 1975,
$
DryISION
1.
l3A-l l-240.
GENERALLY
Sec, 4-1. Maximum number of animals.

It shall be unlawful for any owner or person in charge to keep, harbor or maintain about his premises
more than three animals (dogs and cats only) over the age of three months at any one time. Any person
keeprrg, harboring or maintaining more than three animals (dogs and cats only) must be licensed as a
kennel or pet shop by the town. Any person having sufficient property to keep more than three animals
may keep such number as are permitted by section 3-5. This section shall not apply to animals that may
be kept inside the premrses of a residence in a sanitary nuulner.
Sec. 4-1. Duty to remove overtumed or scattered garbage,
shall be the duty of the owner or person in charge of any dog or cat which has been allowed or suffered
by such person to run at large to pick up and remove to a secure, authorized container any garbage or
refuse which the animal has caused to be overtumed, spilled or scattered upon any residential lot occupied
It
for human habitation, or upon any right-of-way adjacent thereto, upon demand from the or,ryner or
occupant thereof or upon demand of any animal control officer, It shall be unlawful for any such person to
fail or refuse to do so, provided, however, that no prosecution shall be commenced and no arrest made
pursuant to this section except upon affidavit made before and warrant issued by a duly appointed
maglstrate.
Sec. 4-2. Removal
of animal waste,
10
(a)
No owner or custodian of any animal shall cause or allow such animal to soil, defile or defecate on
any public properby or upon any street sidewalk, public way, play area or common grounds owned jointly
by the members of a homeowners' or condominium association, or upon private property other than that
of the owner, unless such owner or custodian immediately removes and disposes of all feces deposited by
such animal by the following methods:
Collection of the feces by appropriate implement and placement in a paper or plastic bag or other
container, and
Removal of such bag or container to the property of the animal owner or custodian and disposition
by placement in an authorized receptacle for oollection by the public works department or burial in a
sanitary manner on the property of the owner or custodian or as otherwise provided by law.
It shall be unlawful for any person to cause or permit an animal to be on property, public or private,
not owned or possessed by such person unless such person has in his immediate possession an appropriate
device for scooping excrement and an appropriate depository for the transmission of excrement to a
receptacle located upon property owned or possessed by such person.
No person owning, harboring or keeping an animal within the town shall permit any waste matter
from the animal to collect and remain on the property of the owner or custodian, or on the property of
others, so as to cause or create an unhealthy, unsanitary, dangerous or offensive living condition on the
owner's or custodian's property, or to abutting property of others.
No person owning, harboring or keeping or in charge of any animal shall cause unsanitary,
dangerous or offensive conditions by virtue of the size or number of animals maintained at a single
(1)
@
(b)
(c)
(d)
location or due to the inadequacy of the facilities.

(.) The provisions of subsections (a) through (c) of this section shall not apply to
visually or physically disabled.
person who is
Sec. 4-3. Right of bhnd or partially blind persons or hearing impaired persons to be accompanied by guide
or hearing dog.
Every totally or partially blind person shall have the right to be accompanied by a guide dog, especially
trained for the pulpose, and every hearing impaired person shall have the right to be accompanied by a
hearing dog, especially trained for the purpose, and every person employed by an accredited school for
training guide dogs shall have the right to be accompanied by a guide dog in training in common carriers,
airplanes, motor vehicles, railroad trains, motor buses, streetcars, boats or any other public conveyances
or modes of transportation, hotels, lodging places, places of public accommodation, amusement or resort
and other places to which the general public is admitted without being required to pay an extra charge for
the dog; however, the person shall be liable for any damages done to the premises or facilities by the dog.
State law references: Similar provrsions, Code of Ala.1975, $$ 21-7-3, 2l-7-4.
Sec. 4-4. Restraint required; running at large.

Dogs.It shall be the duty of every owner or person in charge of a dog to keep such animal under
(a)
control or restraint while the animal is within the corporate limits of the town, whether or not the dog is
upon or away from the premises of the owrer or person in charge. It shall be unlawful for the owner or
person rn charge of any dog to cause, permrt or allow the dog to be at large and to fail to keep the dog
under control or restraint. Proof that a dog was not properly restrained, whether on or offthe premises of
the owner or person in charge, shall be prima facie evidence of a violation. Negligent failure to provide or
maintain control or restraint shall not be a defense; however, competent evidence that such failure was
occasioned by an unforeseeable and independent act of a third person shall shift the burden on the town to
prove otherwise.
(b) Cats.It shall be the duty of every owner or person in charge of a cat to keep such animal under
control or restraint while the animal is within the corporate limits of the town, whether or not the cat is
ll
upon or away from the premises of the orvner or person in

charge. It shalr be unlawful for the owner
or
person in charge of any cat to cause, permrt or
allow the cat to be at targe
and l;iail to keep the cat under

control or restraint Proof that a cat was not properly restrained,
whethe"r on o. omlre premises of the
owler or person in charge, shall be prima facie evidence
of a vroration. Neguffi failure to provrde
or
maintain control or restraint shall not be a defense;
however, competent evidence that such failure
was
occasioned by an unforeseeable and independent
act of a third p..ron ,rrurr ,rrirt the burden
on the city to
prove otherwise.
(c) Dogs or
ence
owner in public, A dog or cat wtrich
is not vicious or
3f
presumed to b
obedient either by training or temperament,
shall not be considered
at large while
other public ptace ir it is in the immediate presence
and under voice
control of its owner or person in charge. Any dog lr cat not
obedient to direct ,rii.. .o--and, to
be
under control or restraint, must be carried by ttr."oum.i
o. ioron ir, .
rolled
by
means
of a leash in such a way as to prevent its free movement. f
dog o.
5
I
feet
from the
actual location of its owner or person in charge
shall not u. .onrro
person and under voice controi
Sec, 4-5. Vicious doss.
(a) confinemenr' frtt owner of a vicious dog shall not suffer or permit the dog
to go unconfined. A
vicious dog shall be securely confined indoors or confined
in a securely enclosei and locked pen or
structure upon the premises of the owner of the dog. The pen
or structure must have secure sides and a
secure top attached to the sides. If the pen or structure has
no bottom secured to the sides, the sides
must
be embedded into the ground no less than one foot. All
such pens or structures must be adequately
lighted
and kept in a clean and sanitary condition
(b) Restraint when off of
premises. The owner of a vicious dog shall not
suffer or permit the
.owner's
dog to go beyond the premises of the owner unless the dog is
caged or_siurely muzzled,and restrained
by
a chain or leash and under the physical restraint of a perso"n.
The muzzle shall be made in a manner that
wrll not cause injury to the dog or interfere with its vision or respiratio",
b;;fiifrevent it from biting,
charging or attacking any human o r animal.
(c) Warning sign' The owner of a vicious-dog shall display in a prominent place on his premises
a
clearly visible waming sign indicatrrg that there is a vicious
dog on the pr.-i^r.r. A similar sign is
required to be posted on the pen or kennel of the animal.
(c) Liability insurance. The owner of a vtcious dog must provide proof to the town clerk
of public
liability insurance in the amount of at least $10b,000.00 insuring
the owner for any personal
injuries nflicted by his vicious doe.
Sec. 4-6, Confinement of female dogs or cats in heat.

Every female dog o5 cat in estrus (heat) shall be confured by the owner
or person in charge in a
solid-floored building or in a solid-floored structure designed ,o ihut
the dog or iat cannot come into
(a)
is
(b)
^L^
u'a
exc
heat shall be confined in an enclosed structure by the

owrer or person
---'in
female dog or cat cannot come into contact with-anothet
aog or ruf
t2
(c) It shall be unlawful for the owner or p^els.on in charge o{*y suglr c{ or dog to fail to comply
fully
with this section. Any person in vrolation of this section shall be punished
by a ninimum fine as set out in
section 1-2.
Sec,
4-7. Chaining of Dogs or
Cats.
Animals shall not be tied or chained in a manner that presents a hazard

to themselves or to the general
public.
DTWSION 2 IMPOLINDMENT
4pe
residen
Sec.
so
cat
or
.L^ ^_-j--_^, :
and whether or not the_
animal is wearing atag, may
Any
at large or stray animal.

State law references: Authority to impound, code of
his premises or residence, or the

n in'charge of such animj is known,
I confinel at the animal shelter as an
Ala. 1975, $ 3-5-4.
Sec. 4-9. Impoundment authorized;
notification of owner; adoption of impoulded animals.

Any dog or cat found unlawfully to be at large within thl tovvn is hereby
declared to be a nuisance
and shall be seized by an animal control offtcer and r onfined at the animal
shllter and cared for in a
humane manner for a period of not less than seven calendar days. The period
shall be extended to end on
oliday. In addition to, or in lieu of confining a dog
erson in charge of the dog or cat is known to ttre '
return the dog or cat to the owner or person in
(a)
r.
ascertain the identity of and notifi' the owner or

conditions under which such person may regam
Dogs or cats shall be held at the animal sh
animal has not been claimed by the owner or person
imal control offrcer shall make reasonable effort to
(r)
I have received a rabies inoculation.

er shall have been neutered.
or older shall have been spayed.
e and female dogs and female cats less than six
r the certificate of adoption requiring neutering
or
at the proper age with the proviso being accepted and signed Uy
ttte udoptq
lq.aymg
The humane society shall not put up for adoption a vicious dog o,
aog k roo* to have bitten a
person or animal without justifiable provocation.
No dog or cat that is maimed or diseased or, in the opinion of the humane society,
not suitable for
adoption shall be put up for adoption. This subsection, however, shall not
be so construed as to preclude
transfer of an injured, maimed or diseased dog or cat to a veterinarian agreeable
to the humane ,orr.ty,
with payment for subsequent veterinary services to be made by the hum-ane society.
(d)
*y
(e)
Redempt
The owner or
of this chapter may
Sec. 4-10.
(a)
animals by owner.
ntitled to possession of any dog or cat confined under the provisions

sion of such dog or cat upon payment of the charges set forth in
section 4- I 1, provided such owner or person in charge entitled to recover possession
of any dog or cat
t3
duly inoculated and properly licensed at the exnen

It shall be unlawful for any person to secure
authority to do so.
(b)
Sec. 4-11. Fees and charges.

The animal shelter shall be entitled to and shall receive
a fee for confining and keeping each
and every
dog and cat, plus the cost of any veterinary services deemed
necessary to the well-being and life
of the
animal.
Sec. 4-12. Destruction
of animals authorized.
After a dog or cat has been confined for the o
or person in charge entitled to possession fails to m
provided rr this division, or fails to pay the charg
proper inoculation for rabies, or if such satisfacto
provided, or if ownership is not transferred to the
dog or cat is hereby declared a nuisance and a
animal shelter shall cause such dog or cat to b
weeks old or whose
(a)
g impounded where
officer who is autho

dog or cat shall have the authority to shoot and kill s
cat or in otherwrse keeping the dog or cat it shall bec
person or to the safety of persons or animals in the i
qulliz
t rece
(d)
Any confined dog
Jiff
is injured or
", immediately after

be humanely destroyed
offrcer, together with a representative of th
together with two reputable citizens, if it is
unnecessary suffering, or to prevent the spr
wntten agreement to this effect shall be sis

agreement shall be retained by the town for
a period
of two years.
Sec. 4-13. Manner of destruction of animals.

The animal shelter, when required to dispose of dogs or cats
wrder the provisions of sectio n 4-rz,shall do
so by such process as is recognized by veterinary riienrc
as being a humane rnur.., in which to destroy
dogs and cats.
ARTICLE V. DEAD ANIMALS+

t4
*State law references:

Disposal of dead animals, code of Al a. 1975, 3-l-2g.
$
Sec. 5-1. Generally.
It shall be unlawful for any person to remove any dead animal from
other public place in the town, or from any private premises in

the
by this article
any public street, sidewalk, park or
town,'ro.piit trr, .u*.,
oiffi;
Sec 5-2 Deposit on street or other public place.

It shall be unlawful for any person to cast, throw &op or otherwise deposit any
dead animal in or upon
any street, sidewalk, park
State law references:
or other public place in the town.
criminal littering, code of Ala. 1975, $ l34-7-29,
ARTICLE VI. RABIES CONTROL*

*Cross references: State
law references: Rabies control, Code of Ala
1g75, $
3-7A-l
et seq., 3-g-1.
Sec. 6-1. Vaccination required.

It shall be unlawful for any pe
been vaccinated against rabies
(a)
ot
withi
"animal" shall include, but shall not

ocelots, foxes, etc., and all animals that are capable
vaccmes are recommended by veterinarians,
Any owner or person in charge who violates this section
an amount equal to twrce the state-approved charge for
inspector or his authorized representative, in addition to the fee pres
(b)
shall
inoculation,
State law references: Rabies vaccination of dogs and cats required, code
of Al
to exceed
y rabies
a. 1g75, $$ 3-7A-2, 3-7A-
Sec. 6-2. Vaccine and methods of vaccination,
(a)
Generally.In order to be sufficient under this

by the county rabies inspeotor, his authorized repres
the state health department.

in a special quarantine as
preseribed by the rabies inspector for a period of six months before rabies
vaccination and shall
be held in quarantine for an additional 30 days after rabies vaccination before
being releas"j fo.
sale to the public, given away as pets or put on public display.
f'e pets shall be retained
l5
Sec. 6-3. Issuance oftag and cer

Coincident with the vaccination
nspector, his authorized
license,
year su
mber a
:abies vaccine-shall furnish

a serially
:r with a certificate of inoculation
State law references: vaccination

tags for dogs and cats, code of
AIa. r975,
3-7A_4.
6-4 Lost tags,

In case the tag provided for this artic,le
is lost, u.T* tag may be issued,by
'r vaccination
original tag, provided the originar
certificat, [ fu*irhed as evid
In such instance, a new certificate marked ,'dupli.ui.i
n'ui
Sec,
f.
ir.u.o, setting
State law references: Tag replacement

for dogs and cats, code of
Ala. r 975, $ 3-7A_5.
Sec. 6-5. Attachment o

The serially numbered
this chapter shall at all
was issued. It shall be unlawful fo
the animal the tag evidencine the
tag need not be attached durine
shows,
state law references: Dogs and cats

to wear tags, code of Ara
. rg.s,$
3-74_4.
Sec, 6-6. Period of vaccination.

The vaccination of animals against rabies
shal be good for a period of one year,
Sec. 6-7. Quarantine.
r shall have authority to quarantine

or require confinement of any
or all animals
ity for such period of timl and in ru.tr
**nL;;;;
-'J determine whenever he
e or confinement necessary for
the control of r rbies.
il?T,ti1;1T:ences:
confinement and disposal of rabies-suspect

and rabid dogs or cats, code
of Ata.
Sec.
nulsance; tmPoundment'
Any
the h
anim
ilT;,ti1;-?:ences:
ies is hereby declared to be apublic

nuisance and a danger- to
"
animal control offrcer may take up
u.rd confine
,u."rr
*v
confinement and disposal of rabies-suspect

and rabid dogs and cats, code
of Ala.
Sec' 6-9' confinement of rabid and suspected

rabid animals.
keen, harbor
I#fhs|ffi1ff:ffi,1ffi:
;o
t.cu..iy confined in such a manner ,
animals. Any animal not so confmec
appropriare pru". uy a person
prace or premises in the

"i;;;;'" on or about any
rlbies, unless such
desig
animal is
or lnJury to persons or other
fi*.r$'#JifXfl:;
"rn.,
Sec. 6-10. Confinement of animals exposed

to rabies.
l6
any person to keep, harbor or maintain on or about any place or premises

in the
city any animal whatsoever which has been or is reasonably suspected to have been
bitten or otherwise
injured by or in contact with another animal afflicted with Lr suipected of being
afflicted with rabies in
such a manner as to permrt or favor transmission of such disease, unless
such aiimal so bitten, urjured or
rn contact shallbe securely confined for not less than four months.
State law references: Quarantine of animals exposed to rabies, Code of Ala. Tg75,
$ 3-7A-10.
Sec. 6-11. Confinement of animals that bite or injure human.
It shall be the duty of the owneJ or person in charge of any animal, required by the law
of the state to be
inoculated
against rabies, which has bitten or otherwise injured a human being,

lo notiry the health officer
of such fact immediately upon leaming thereof. It shall thereupon be the durylf
such owner or person in
charge to have the animal confined under the direct care, custody, control
*d *p.*ision of a licensed
veterinarian for a period of ten days. It shall be unlawful for anyperson having
knowledge that any p.rron
has been bitten by any such animal to refuse to notify promptly the heilth
officer. It shall be unlawful for
the owner or person rr charge of any such animal to refuse or to fail to
comply with the written
recommendations made by the corurty health offtcer in any particular
r*.. i\oy expenses incurred in the
handling of any animal under this section shall be borne Uvirte owner or person
in charge. The
veterinarian under whose care the animal has been commiited shall report
the results ofi," our.*ations
of the animal to the attending physician of the person bitten, Any animal known
or reported to have bitten
a person shall be confined by the owner or person in charge as provided
in this section, or, in the
alternative, the owner or person in charge may author ue ihe county health department
or the animal
shelter to dispose humanely of the animal and to submit its head to a public laboratory
for proper
examination and tests. In the case of any animal confined by the animal shelter
which is known or
reported to have bitten a person, and which is a stray animai with no owner,
or a wild animal that was in
confinetnent or captured after the bite, or wlerg the owner or person in charge
of an exotic or wildlife pet
agrees tn writing, the animal can be humanely destroyed immediately .fter
tie bite and the head
submitted for appropriate examination by the state health departmeni laboratory
for rabies examination.
State law references: Quarantining of dogs and cats that bite humans, Code
of Ala . T975, $ 3-74-9.
Sec. 6-12. Authority of health officer.
The health officer or designee of town shall have the right
at any time to move or cause to be moved to

the animal shelter or other place designated by him, foiobservation or examination,
any animal which is
reasonably suspected to be afflicted with rabies, or which has bitten or otherwise
injurei a human beingin
such manner as would permit or favor the transmission of the virus of rabies,
if suci, animal is afflicted
with rabies or has been.or is reasonably suspected of being afflicted with rabies. It
shall be unlawful for
any person to hrrder, obstruct or interfere with the health offrcer or his
authorized agent or oflicer in the
exercise of the authority conferred upon him in this section. It shall be the
duty of the county health
officer to destroy, or cause to be destroyed, any animal found to be afflicted with rabies.
6-I3 Court Review
Ifany section, sentence,
Sec.
clause, phrase, or part ofthis ordinance is for any reason declared

to be
unconstitutional by the valid judgment or decree of a court of competent Jurisdiction,
such decision shall
not affect any remaining sections, sentences, clauses, phrases, or parts of this
ordinance.
Sec. 6-14 Effective Date
This Ordinance shall take eflect immediately u_pon its adoption and publication
as provided by law and
supercede or take the place of any existing ordinance r"gurditrg the subject
matter contain within this
Ordinance.
t7
READ' APPROVED, AND ADOPTED AT A REGULARLY

SCHEDULED MEETING OF,THE
co'NCIL oF rHE rowN oF GURLnv, aunennr oN
;r?y-
Attest:
-fi8*ff#',ir"&i,i,f,
MAYORAND
PRESIDING OF'F'ICER OF' THE
TOWN COUNCIL, TOWN OX'
GURLEY, ALABAMA
18
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Alabama - Irondale
Code of Ordinances, City of Irondale, Alabama, Sec. 3-90 - Pit Bulls
Last Checked by Web Center Staff: 05/2012
Disclaimer: Due to the overwhelming number of cities and counties across the United States, the Animal Legal & Historical Center's
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particular topic. If you do not see your city or county listed on the website, please refer to your local governments website or try
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note that we update ordinances once a year, so the ordinances on this website may not be the most current version.
Statute Details
Printable Version
Citation: IRONDALE, AL., CODE OF ORDINANCES, 3-90 (2009)
Summary:
In Irondale, Alabama, it is unlawful to keep, harbor, own or possess any pit bull dog. However, pit bull dogs
registered on the date of publication may be kept within the city subject to certain requirements. These
requirements include proper confinement, the use of a leash and muzzle, the posting of Beware of Dog
signs, the taking of identification photographs, and the maintenance of liability insurance ($50,000). Failure
to comply may result in the seizure of the dog, a fine up to $500 and/or imprisonment up to 30 days.
Ordinance Text in Full:

(a) Prohibited. It shall be unlawful to keep, harbor, own or in any way possess within the corporate limits of
the city:
(1) Any pit bull dog; provided, that pit bull dogs registered with the city on the date of publication of this
section may be kept within the city subject to the standards and requirements set forth in subsection (b)
of this section. "Pit bull dog" is defined to mean:
a. The bull terrier breed of dog;
b. Staffordshire bull terrier breed of dog;
c. The American pit bull terrier breed of dog;
d. The American Staffordshire terrier breed of dog;
e. Dogs of mixed breed or of other breeds than above listed which breed or mixed breed is known as
pit bulls, pit bull dogs, or pit bull terriers;
f. Any dog which has the appearance and characteristics of being predominantly of the breeds bull
terrier, Staffordshire bull terrier, American pit bull terrier, American Staffordshire terrier, any other
breed commonly known as pit bulls, pit bull dogs or pit bull terriers; or a combination of any of
those breeds.
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(2) Any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury to,
or to otherwise endanger the safety of humans or other domestic animals; or
(3) Any dog which attacks a human being or other domestic animal without provocation.
(b) Keeping of registered pit bulls. The provisions of subsection (a) of this section are not applicable to
owners, keepers or harborers of pit bull dogs registered with the city on the effective date of this section. The
keeping of such dogs, however, shall be subject to the following standards:
(1) Leash and muzzle. No person shall permit a registered pit bull dog to go outside its kennel or pen
unless such dog is securely leashed with a leash no longer than four feet in length. No person shall
permit a pit bull dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a
person is in physical control of the leash. Such dogs may not be leashed to inanimate objects such as
trees, posts buildings, etc. In addition, all pit bull dogs on a leash outside the animal's kennel must be
muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals.
(2) Confinement. All registered pit bull dogs shall be securely confined indoors or in a securely enclosed
and locked pen or kennel, except when leashed and muzzled as above provided. Such pen, kennel or
structure must have secure sides and a secure top attached to the sides. All structures used to confine
registered pit bull dogs must be locked with a key or combination lock when such animals are within the
structure. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides
of the pen must be embedded in the ground no less than two feet. All structures erected to house pit bull
dogs must comply with all zoning and buildings regulations of the city. All such structures must be
adequately lighted and ventilated and kept in a clean and sanitary condition.
(3) Confinement indoors. No pit bull dog may be kept on a porch, patio or in any part of a house or
structure that would allow the dog to exit such building on its own volition. In addition, no such animal
may be kept in a house or structure when the windows are open or when screen windows or screen doors
are the only obstacle preventing the dog from exiting the structure.
(4) Signs. All owners, keepers, or harborers of registered pit bull dogs within the city shall within ten
days of the effective date of this section display in a prominent place on their premises a sign easily
readable by the public using the words "Beware of Dog." In addition, a similar sign is required to be
posted on the kennel or pen of such animal.
(5) Insurance. All owners, keepers or harborers of registered pit bull dogs must within ten days of the
effective date of this section provide proof to the city clerk of public liability insurance in a single
incident of $50,000.00 for bodily injury to or death of any person or persons or for damage to property
owned by any persons which may result from the ownership, keeping or maintenance of such animal.
Such insurance policy shall provide that no cancellation of the policy will be made unless ten days
written notice is first given to the city clerk.
(6) Identification photographs. All owners, keepers or harborers of registered pit bull dogs must within
ten days of the effective date of this section provide to the city clerk two color photographs of the
registered animal clearly showing the color and approximate size of the animal.
(7) Reporting requirements. All owners, keepers or harborers of registered pit bull dogs must within ten
days of the incident, report the following information in writing to the city clerk as required hereinafter:
a. The removal from the city or death of a registered pit bull dog;
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b. The birth or offspring of a registered pit bull dog;

c. The new address of a registered pit bull dog owner should the owner move within the corporate
limits.
(8) Sale or transfer of ownership prohibited. No person shall sell, barter or in any other way dispose of a
pit bull dog registered with the city to any person within the city unless the recipient person resides
permanently in the same household and on the same premises as the registered owner of such dog;
provided that the registered owner of a pit bull dog may sell or otherwise dispose of a registered dog of
the offspring of such dog to persons who do not reside within the city.
(9) Animals born of registered dogs. All offspring born of pit bull dogs registered with the city must be
removed from the city within six weeks of the birth of such animal.
(10) Irrebuttable presumptions. There shall be an irrebuttable presumption that any dog registered with
the city as a pit bull dog or any of those breeds prohibited by subsection (a) of the section is in fact a dog
subject to the requirements of this section.
(11) Failure to comply. It shall be unlawful for the owner, keeper or harborer of a pit bull dog registered
with the city to fail to comply with the requirements and conditions set forth in this section. Any dog
found to be the subject of a violation of this section shall be subject to immediate seizure and,
impoundment. In addition, failure to comply will result in the revocation of the license of such animals
resulting in the immediate removal of the animal from the city.
(12) Violations and penalties. Any person violating or permitting the violating of any provision of this
section shall, upon conviction in the municipal court, be fined a sum of not less than $200.00 and not
more than $500.00. In addition to the fine imposed, the court may sentence the defendant to
imprisonment for a period not to exceed 30 days. In addition, the court shall order the registration of the
subject pit bull revoked and the dog removed from the city. Should the defendant refuse to remove the
dog from the city, the municipal court judge shall find the defendant owner in contempt and order the
immediate confiscation and impoundment of the animal. Each day that a violation of this section
continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who
violates this section shall pay all expenses, including shelter, food, handling, veterinary care and
testimony necessitated by the enforcement of this section.
(Ord. No. 4-0497, 4-1-97)
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Chapter 6 - ANIMALS
Sec. 6-1. Purpose and construction of chapter.
Sec. 6-2. Chapter provisions cumulative.
Sec. 6-4. Enforcement of chapter generally.
Sec. 6-5. Citations for violations of chapter.
Sec. 6-6. Interference with animal control officer.
Sec. 6-7. Running at large prohibited.
Sec. 6-8. Regulations regarding vicious dogs.
Sec. 6-9. Enclosures required for livestock.
Sec. 6-10. Maintenance of enclosures where animals kept.
Sec. 6-11. Keeping of swine prohibited; exception.
Sec. 6-12. Unreasonable noise from animals.
Sec. 6-13. Penalty for violation.
Secs. 6-146-22. Reserved.
Sec. 6-1. Purpose and construction of chapter.

It is the sole intent, purpose and policy of the city to promote the protection of the public health,
safety, peace and general welfare by the regulation of animals as provided in this chapter. The provisions
of this chapter are to be construed liberally, according to the fair import of its terms, in order to effectuate
this policy.
(Ord. No. 3-85-3, I(5-1), 4-22-85)
Sec. 6-2. Chapter provisions cumulative.

The provision of this chapter and other city ordinances are cumulative law, and this chapter does not
prevent enforcement of any other provision of this Code or other city ordinance that regulates an area
covered by this chapter.
(Ord. No. 3-85-3, I(5-2), 4-22-85)

The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Animal. The term "animal" shall mean any living vertebrate creature or invertebrate creature
including, but not limited to, mammals, reptiles, fish and fowl; provided, however, that human being and
animals that are part of an endangered species are specifically excluded from the meaning thereof.
Lanett, Alabama, Code of Ordinances
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Chapter 6 - ANIMALS
Animal control officer. The term "animal control officer" shall mean any person designated by the
supervisor of animal control to enforce the provisions of this chapter.
Livestock. The term "livestock" shall include, but is not limited to, cattle, horses, goats, sheep, mules,
burrows, jacks, rabbits and chickens, turkeys, geese, ducks and any other type of domestic fowl.
Own. The term "own" shall refer to the acts of an "owner," as described in this section.
Owner. The term "owner" shall mean a person who has title to an animal, possession of an animal,
custody or control of an animal, or a greater right to possession or custody of an animal than any other
person. The term "owner" shall include, but is not limited to, each of the following:
(1) A person who harbors or keeps an animal in his care or custody.
(2) An adult person who causes or permits a minor child in his household to harbor or keep an
animal in that child's care or custody.
Running at large. The phrase "running at large" shall mean the failure, by the owner of an animal, to
continuously restrain such animal. An animal shall be deemed restrained within the meaning of this
definition in the event that the owner satisfies any of the following conditions:
(1) The animal is completely confined within a building, wall, fence or other enclosure of sufficient
strength and construction.
(2) The owner attaches and securely maintains on the animal a leash or a chain.
(3) The owner or keeper physically carries or holds the animal in his hands.
Supervisor of animal control. The term "supervisor of animal control" shall mean the person
designated by the city manager to supervise all aspects of animal control.
Vicious animal. The term "vicious animal" shall mean a member of any species of animals or any
individual animal that has a dangerous disposition likely to be harmful to humans or animals. The term
"vicious animal" shall include, but is not limited to, any animal that has attacked or bitten any person or
animal without provocation on one (1) or more previous occasions.
(Ord. No. 3-85-3, I(5-3), 4-22-85)
Cross reference Definitions and rules of construction generally, 1-2.

Sec. 6-4. Enforcement of chapter generally.
The supervisor of animal control and any duly assigned animal control officer shall have the duty and
responsibility to enforce each of the provisions of this chapter.
(Ord. No. 3-85-3, I(5-11), 4-22-85)
Sec. 6-5. Citations for violations of chapter.

Any animal control officer shall be empowered to issue citations to the owner of an animal that is
found in violation of any of the provisions of this chapter. The citation shall set forth the violation.
(Ord. No. 3-85-3, I(5-12), 4-22-85)
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Chapter 6 - ANIMALS
Sec. 6-6. Interference with animal control officer.
It shall be unlawful for any person to interfere with any animal control officer in the performance of
his duties.
(Ord. No. 3-85-3, I(5-13), 4-22-85)
Sec. 6-7. Running at large prohibited.

It shall be unlawful for the owner of any dog, cat or other animal to allow the same to run at large
within the city limits.
(Ord. No. 3-85-3, I(5-14), 4-22-85)
State law reference Authority of city to regulate or prohibit animals running at large, Code of
Ala. 1975, 11-47-110.
Sec. 6-8. Regulations regarding vicious dogs.
(a) Definitions.
Vicious dog means:
(1) Any dog with a known propensity, tendency or disposition to attack unprovoked or to cause
injury to or otherwise threaten the safety of human beings or domestic animals;
(2) Any dog which because of its size, physical nature or vicious propensity is capable of inflicting
serious physical harm or death to humans and which would constitute a danger to human life or
property if it were not kept in the manner required by this chapter;
(3) Any dog which, without provocation, attacks or bites or has attacked or bitten a human being or
domestic animal;
(4) Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog
trained for dog fighting;
(b) Vicious dogs.
(1) Vicious dogs prohibited. It shall be unlawful for any person, firm, or entity to own, keep, harbor,
breed, raise, or maintain a vicious dog within the municipal limits of the City of Lanett or its
police jurisdiction. This prohibition shall not apply to licensed veterinarians lawfully operating a
veterinary clinic or lawfully practicing veterinary medicine within the city or its police jurisdiction.
Any duly licensed and practicing veterinarian who treats or harbors a vicious dog must provide
proof to the city clerk of public liability insurance in the amount of at least one hundred thousand
dollars ($100,000.00) insuring said veterinarian for any personal injuries inflicted by such vicious
dog.
(c) Certain breeds prohibited. It shall be unlawful for any person to keep, harbor, own, or in any way
possess within the corporate city limits of the city or within the police jurisdiction of the city:
Any pit bull dog or presa canario dog; provided, that pit bull dogs or presa canario dog owned within
the city or its police jurisdiction on the effective date of this section may be kept within the city subject
to the standards and requirements set forth in this subsection (c).
For purposes of this section, "pit bull dog" is defined to mean: the bull terrier breed of dog; the
Staffordshire bull terrier breed of dog; the American pit bull terrier breed of dog; the American
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Chapter 6 - ANIMALS
Staffordshire terrier breed of dog; any dog which has the appearance and characteristics of being
predominantly of the bull terrier, Staffordshire bull terrier, American pit bull terrier, American
Staffordshire terrier, any other breed commonly known as pit bulls, pit bull dogs or pit bull terrier; or a
combination of any of those breeds, according to the standards established by the American Kennel
Club or the United Kennel Club. The A.K.C. and U.K.C. standards for the above breeds shall be kept
on file and available for public inspection and copying in the offices of the city clerk.
For the purposes of this section, "presa canario dog" is defined to mean any dog which has the
appearance and characteristics predominantly of the breed of presa canario.
The provisions of subsection (c) of this section are not applicable to owners, keepers or harborers of
pit bull dogs or presa canario dogs owned, kept or harbored within the city or its police jurisdiction on
the effective date of this section and which are registered with the city within thirty (30) days of the
effective date of this section as required in subsection (d), below. The keeping of such dogs,
however, shall be subject to the following standards and requirements:
(1) Leash and muzzle. No person shall permit a registered pit bull dog or presa canario dog to go
outside its kennel or pen unless such dog is securely leashed with a leash no longer than four
(4) feet in length. No person shall permit a pit bull dog or presa canario dog to be kept on a
chain, rope or other type of leash outside its kennel or pen unless a person is in physical control
of the leash. Such dogs may not be leashed to inanimate objects such as trees, posts,
buildings, etc. In addition, all pit bull dogs and presa canario dogs on a leash outside the
animal's kennel must be muzzled by a muzzling device sufficient to prevent such dog from
biting persons or other animals.
(2) Confinement. All registered pit bull dogs and presa canario dogs shall be securely confined
indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled
as above provided. Such pen, kennel or structure must have secure sides and a secure top
attached to the sides. All structures used to confine registered pit bull dogs and presa canario
dogs must be locked with a key or combination lock when such animals are within the structure.
Such structure must have a secure bottom or floor attached to the sides of the pen or the sides
of the pen must be embedded in the ground no less than two (2) feet. All structures erected to
house pit bull dogs and presa canario dogs must comply with all zoning and buildings
regulations of the city. All such structures must be adequately lighted and ventilated and kept in
a clean and sanitary condition.
(3) Confinement indoors. No pit bull dog or presa canario dog may be kept on a porch, patio or in
any part of a house or structure that would allow the dog to exit such building on its own volition.
In addition, no such animal may be kept in a house or structure when the windows are open or
when screen windows or screen doors are the only obstacle preventing the dog from existing
the structure.
(4) Signs. All owners, keepers, or harborers of registered pit bull dogs or presa canario dogs within
the city shall within ten (10) days of the registration of such animal display in a prominent place
on their premises a sign easily readable by the public using the words "Beware of Dog." In
addition, a similar sign is required to be posted in or on the kennel or pen of such animal.
(5) Insurance. All owners, keepers, or harborers of registered pit bull dogs and presa canario dogs
must within ten (10) days of the registration of such animal provide proof to the city clerk of
public liability insurance in the amount of one hundred thousand dollars ($100,000.00) for bodily
injury to or death of any person or persons or for damage to property owned by any persons
which may result from the ownership, keeping or maintenance of such animal. Such insurance
policy shall provide that no cancellation of the policy will be made unless thirty (30) days' written
notice is first given to the city clerk.
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Chapter 6 - ANIMALS
(6) Identification photographs. All owners, keepers or harborers of registered pit bull dogs and
press canario dogs must within ten (10) days of the registration of such animal provide to the
city clerk two (2) color photographs of the registered animal clearly showing the color and
approximate size of the animal.
(7) Reporting requirements. All owners, keepers or harborers of registered pit bull dogs and presa
canario dogs shall notify the city clerk within five (5) days in the event that the pit bull dog or
presa canario dog is lost, stolen, dies, or has a litter. All owners, keepers or harborers of
registered pit bull dogs or presa canario dogs shall notify the city clerk within ten (10) days of
change of address if the said owner, keeper or harborer should move within the corporate limits
of the city.
(8) Sale or transfer of ownership prohibited. No person shall sell, barter or in any other way dispose
of a pit bull dog or presa canario dog registered with the city to any person within the city or its
police jurisdiction unless the recipient person resides permanently in the same household and
on the same premises as the registered owner of such dog; provided that the registered owner
of a pit bull dog or presa canario dog may sell or otherwise dispose of a registered dog or the
offspring of such dog to persons who do not reside within the city or its police jurisdiction.
(9) Animals born of registered dogs. In the event that a registered pit bull dog or presa canario dog
has a litter, all offspring born of such pit bull dog or presa canario dog must be permanently
removed from the city or its police jurisdiction within six (6) weeks of the birth of such animal or
delivered to the local animal shelter for destruction. Any pit bull dog or presa canario dog
puppies kept contrary to the provisions of this subsection are subject to immediate
impoundment and disposal.
(10) Irrebuttable presumptions. There shall be an irrebuttable presumption that any dog registered
with the city as a pit bull dog, presa canario dog, or any of those breeds prohibited by this
subsection (c) is in fact a dog subject to the requirements of this section.
(d) Registration of pit bulls/presa canario dogs. Every pit bull dog (as defined above) or presa canario
dog owned, kept or harbored within the city or its police jurisdiction upon the effective date of this
section shall, within thirty (30) days of the effective date of this section be registered with the city.
Such registration shall provide the name and address of the person owning, keeping or harboring
such animal, the name of the animal, a description of the animal, and any and all other information
deemed appropriate by the chief of police of the city. Upon registration of such animal with the city,
the owner, keeper, or harborer of such animal shall be subject to all of the requirements of
subsection (c). Any pit bull dog or presa canario dog found within the city or its police jurisdiction
after thirty (30) days of the effective date of this section and which has not been registered with the
city as required by this subsection (d) shall be impounded and disposed of in a humane manner and
the owner, keeper, or harborer of such animal shall be subject to the fines and/or penalties set forth
herein.
(e) Exceptions. The prohibitions and requirement of this section shall not apply to:
(1) Any licensed animal shelter which is authorized to temporarily harbor and transport any pit bull
for purposes of enforcing the provisions of this section.
(2) Any humane society operating an animal shelter which is registered and licensed by the city,
which may temporarily hold any pit bull that has been received or otherwise recovered.
(3) Any person temporarily transporting into the city or its police jurisdiction a pit bull for the sole
purpose of showing such pit bull in a place of public exhibition, contest or show sponsored by a
dog club association or similar organization. Any person who transports a pit bull into the city or
its police jurisdiction for such showing shall, at all times when the pit bull is being transported
within the city or its police jurisdiction or to and from the place of showing, keep the pit bull
securely leashed and muzzled as required by subsection (c).
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Chapter 6 - ANIMALS
(4) Any person transporting a pit bull dog or presa canario dog through the city or its police
jurisdiction while engaged in interstate travel through or beginning or terminating in, the city or
its police jurisdiction. Provided, however, that any such person who transports a pit bull dog or
presa canario dog through the city or its police jurisdiction while engaged in interstate travel
shall at all times while the said dog is within the limits of the city or its police jurisdiction secure
the said dog as required by subsection (c).
(5) Any licensed veterinarian who keeps, or harbors any pit bull dog or presa canario dog for the
purposes of treatment.
(Ord. No. 3-85-3, I(5-15), 4-22-85; Ord. No. 02-05-03, 1, 2-21-2005; Ord. No. 06-05-01, 1, 718-2005)
Sec. 6-9. Enclosures required for livestock.

It shall be unlawful for any person who keeps and maintains any livestock within the city limits to fail
to keep and maintain such animals within a pen, fenced-in area, corral, enclosure or other restrictive area
of sufficient strength and construction to restrain the animals.
(Ord. No. 3-85-3, I(5-18), 4-22-85)
Sec. 6-10. Maintenance of enclosures where animals kept.

It shall be unlawful for the owner of any animal to fail to maintain any enclosure confining the animal
in a sanitary condition so as not to endanger the public health or safety. A "sanitary condition" is hereby
defined to include, but shall not be limited to, each of the following:
(1) Maintenance of the enclosure free from odors that are offensive to reasonable persons of
ordinary sensibilities residing in the immediate vicinity.
(2) The exercise of due diligence in taking all reasonable steps to prevent the attraction and
breeding of flies, mosquitos or other noxious insects.
(Ord. No. 3-85-3, I(5-19), 4-22-85)
Cross reference Mosquito control, Ch. 15.

State law reference Authority of city to maintain health and cleanliness and control disease
and sanitary conditions, Code of Ala. 1975, 11-47-130, 11-47-131.
Sec. 6-11. Keeping of swine prohibited; exception.
(a) Except as provided in subsection (b) of this section, it shall be unlawful for any person to keep or
maintain swine within the city limits. The term "swine" shall mean hogs, pigs, boars or sows.
(b) A person may keep or maintain swine upon any property located within the agriculture district
created by the zoning ordinance.
(Ord. No. 3-85-3, I(5-17), 4-22-85)
Cross reference Zoning ordinance, App. B.
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Chapter 6 - ANIMALS
Sec. 6-12. Unreasonable noise from animals.
(a) It shall be unlawful for the owner of an animal to intentionally or knowingly allow or permit the animal
to make unreasonable noise in or near any public place or a private residence, other than a
residence situated upon the property of such owner.
(b) For the purposes of this section, a "public place" is a place to which the public or a substantial group
of persons has access, and includes, but is not limited to, highways, transportation facilities, schools,
places of amusement, parks, playgrounds and hallways, lobbies and other portions of apartment
houses not constituting rooms or apartments designed for actual residence.
(Ord. No. 3-85-3, I(5-16), 4-22-85)
State law reference Similar definition of "public place," Code of Ala. 1975, 13A-11-1.
Sec. 6-13. Penalty for violation.
It shall be unlawful for any person to violate either willfully or negligently the provisions of this chapter
or fail to comply with same. A violation of or failure to comply with any of the provisions of this chapter
shall be and hereby is declared to be a misdemeanor. Upon conviction, any person in violation of or
failure to comply with any of the provisions of this chapter shall be punished by a fine of not less than fifty
dollars ($50.00) nor more than five hundred dollars ($500.00) or by imprisonment of not more than thirty
(30) days or both for each violation. Each day a violation occurs or continues shall constitute a separate
violation hereunder.
(Ord. No. 02-05-03, 2, 2-21-2005; Ord. No. 06-05-01, 2, 7-18-2005)
Secs. 6-146-22. Reserved.
Page 7
ORDINANCE NO. 2012-2

AN ORDINANCE PROHIBITING OR REGULATING THE OWNING OR KEEPING
OF DANGEROUS ANIMALS INCLUDING PIT BULL DOGS AND PROVIDING
FOR PERMITS FOR CERTAIN DANGEROUS ANIMALS, AND PROVIDING
PENALTIES FOR VIOLATIONS.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
MIDFIELD, ALABAMA, as follows:
Section 1. Definitions.
(1)
"Owner" as used in this Ordinance means any person, firm, corporation,
organization or department possessing, harboring or having the care or custody, whether
temporarily or permanently, of a Pit Bull, Vicious, or Dangerous dog.
(2)
"Vicious Dog" as used in this Ordinance means any dog with a propensity,
tendency or disposition to attack unprovoked, to cause injury to or otherwise threaten the
safety of human beings or domestic animals; or any dog which without provocation,
attacks or bites or has attacked or bitten, a human being or domestic animal; or any dog
owned or harbored primarily or in part , for the purpose of dog fighting or any dog
trained for dog fighting, or any dog which has been found to be vicious by any Court in a
trial or hearing upon a charge of harboring a vicious animal.
(3)
"Dangerous Dog" as used in this Ordinance means: A) Any dog which, because of
its aggressive nature, training or characteristic behavior, is capable of inflicting serious
physical harm or death to humans, and which would constitute a danger to human life or
property if it were not kept in the manner required by this Ordinance. B) Any dog which,
when unprovoked, chases or approaches a person in a menacing fashion or apparent
attitude of attack on public or private property.
(4)
"Pit Bull" as used in this Ordinance means: any Pit Bull Terrier, which shall be
defined as any American Pit Bull Terrier or Staffordshire Bull Terrier or American
Staffordshire Terrier breed of dog, or any mixed breed of dog which contains, as an
clement of its breeding the breed of American Pit Bull Terrier or Staffordshire Bull
Terrier or American Staffordshire Terriers to be identifiable as partially of the breed of
American Pit Bull Terrier or Staffordshire Bull Terrier or American Staffordshire Bull
Terrier.
Section 2. Pit Bulls, Vicious, and Dangerous Dogs
(a) Prohibited. It shall be unlawful to keep, harbor, own or in any way possess within
the corporate limits of the City.
(b) 30 days after passage of Ordinance it shall be unlawful to purchase, breed or
adopt any vicious animals as described below within Midfield City Limits,
(1) Any Pit Bulls, Vicious, and Dangerous Dogs: provided, that dogs registered with the
city on the date of publication of this section and pay annual $125.00 registration fee per
animal may be kept within the city subject to the standards and requirements set forth in
subsection (b) of this section. "Pit bull dog" is defined to mean:
(a)
(b)

(c)
(d)
(e)
(f)
(2)
(3)
(b)
(1)
(2)
(3)
(4)
The American pit bull terrier breed of dog

The American Staffordshire terrier breed of dog;
Dogs of mixed breed or of other breeds than above listed which breed or mixed
breed is known as pit bulls, pit bull dogs, or pit bull terriers;
Any dog which has the appearance and characteristics of being predominantly of
the breeds bull terrier, Staffordshire bull terrier, American pit bull terrier,
American Staffordshire terrier, any other breed commonly known as pit bulls, pit
bull dogs or pit bull tenders; or a combination of any of those breeds.
Any dog with a known propensity, tendency, or disposition to attack unprovoked,
to cause injury to, or to otherwise endanger the safety of humans or other
domestic animals; or
Any dog which attacks a human being or other domestic animal without
provocation.
Keeping of registered pit hulls, vicious, and Dangerous Dogs. The provisions of
subsection (a) of this section are applicable to owners, keepers or harborer of pit
bull dogs, vicious, and dangerous dogs registered with the city on the effective
date of this section. The keeping of such dogs, however, shall be subject to the
following standards:
Leash and muzzle. No person shall permit a registered pit bull, vicious, and
dangerous dog to go outside its kennel or pen unless such dog is securely leashed
with a leash no longer than four feet in length. No person shall permit such dogs
to be kept on a chain, rope or other type of leash outside its kennel or pen unless a
person is in physical control of the leash. Such dogs may not be leashed to
inanimate objects such as trees, posts buildings etc. In addition, all such dogs on a
leash outside the animals kennel must be muzzled by a muzzling device sufficient
to prevent such dog from biting persons or other animals,
Confinement. All registered dogs shall be securely confined indoors or in a
securely enclosed and locked pen or kennel, except when leashed and muzzled as
above provided. Such pen, kennel or structure must have secure sides and a secure
top attached to the sides. All structures used to confine registered dogs must be
locked with a key or combination lock when such animals are within the structure.
Such structure must have a secure bottom or floor attached to the sides of the pen
or the sides of the pen must be embedded in the ground no less than two feet. All
structures erected to house such dogs must comply with all zoning and building
regulations of the city. All such structures must be adequately lighted and
ventilated and kept in a clean and sanitary condition.
Confinement indoors. No pit bull, vicious or dangerous dog may be kept on a
porch, patio or in any part of a house or structure that would allow the
dog to exit such building on its own volition. In addition, no such animal may be
kept in a house or structure when the windows are open or when screen windows
or screen doors are the only obstacle preventing the dog from exiting the
structure.
Signs. All owners, keepers or harborers of registered dogs within the city shall
within ten days of the effective date of this section display in a
prominent place on their premises a sign easily readable by the public using the
words "Beware of Dog". In addition, a similar sign is required to be posted
on the kennel or pen of such animal.
(5)
Insurance. All owners, keepers or harborers of registered dogs must
within ten days of the effective date of this section provide proof to the city clerk
of public liability insurance in a single incident or $50,000.00 for bodily injury to
or death of any person or persons or for damage to property owned by any
persons which may result from the ownership, keeping or maintenance of such
animal. Such insurance policy shall
provide that no cancellation of the policy will be made unless ten days written
notice is first given to the city clerk.
(6)
Identification photographs. All owners, keepers or harborers of registered dogs
must within ten days of the effective date of this section provide to the city clerk
two color photographs of the registered animal clearly showing the color and
approximate size of the animal.
(7)
Reporting requirements. All owners, keepers or harborers of registered dogs must
within ten days of the incident, report the following information in writing to the
city clerk as required hereinafter:
(a)
The removal from the city or death of a registered dog.
(b)
The birth or offspring of a registered dog.
(c)
The new address of a registered dog owner should the owner move within the
corporate limits.
(8)
Sale or transfer of ownership prohibited. No person shall sell, barter or in any
other way dispose of a dog registered with the city to any person within the city
unless the recipient person resides permanently in the same household and on the
same premises as the registered owner of such dog; provided that the registered
owner of a dog may sell or otherwise dispose
of a registered dog of the offspring of such dog to persons who do not reside
within the city.
(9)
Animals born of registered dogs. All offspring born of dogs registered with the
city must be removed from the city within eight weeks of the birth of such animal.
(10)
There shall be an irrefutable presumption that any dog registered with the city or
any of those breeds prohibited by subsection (a) of the section is ID fact a dog
subject to the requirements of this section.
(11) Failure to comply. It shall be unlawful for the owner, keeper, or
harborer of a dog registered with the city to fail to comply with the requirements
and conditions set forth in this section. Any dog found to be the subject of a
violation of this section shall be subject to immediate seizure and impoundment.
In addition, failure to comply will result in the revocation of the license of such
animals resulting in the immediate removal of the animal from the city.
(12) Violations and penalties. Any person violating or permitting the
violating of any provision of this section shall, upon conviction be fined a sum of
not less than $200.00 and not more than $500.00. In addition to the fine imposed,
the court may sentence the defendant to imprisonment for a
period not to exceed 30 days. In addition, the court shall order the registration of
the subject dog be revoked and the dog removed from the city. Should the
defendant refuse to remove the dog from the city, the judge shall find the
defendant owner in contempt and order the immediate confiscation and
impoundment of the animal. Each day that a violation of this section continues
shall be deemed a separate offense. In addition to the foregoing penalties, any
person who violates this section shall pay ail expenses, including shelter, food,
handling, veterinary care and testimony necessitated by the enforcement of this
section.
Section 3
If any section, subsection, sentence, clause, phrase or portion of

this Ordinance is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a
separate,
distinct and independent provision and such holding shall
not affect the
validity of the remaining portions hereof.
Section 4
That this ordinance shall become effective immediately upon its
passage and approval by the City Council and Mayor of the City of
Midfield, Alabama, or its publication or posting, or its otherwise
becoming law.
ADOPTED this the _11th day of June 2012
Attest:
__Tameeka E . Vann_______
Tameeka E. Vann, City Clerk
_____Gary R. Richardson__
Gary R. Richardson, Mayor

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ORDINANCE NO: 07-O-12

Any dog with a known propensity, tendency or disposition to attack unprovoked,

American Pit Bull Terrier or Staffordshire Bull Terrier or American Staffordshire

All owners or keepers of a vicious dog or dog presumed to be vicious, as previously

Dogs and Cats at large, Duty to Restrain

occasioned by an unforeseeable and independent act of a third person shall shift

Dog or Cats Unlawfully at Large to be Confined; Sale of Dogs or Cats

until the following requirements have been met;

Investigation of Vicious Dogs

Notice, Hearing, and Appeal

Effect of Failure to Appear at Hearing

Regulation of Potentially Dangerous or Vicious Animals

Owners shall provide an exterior perimeter fence suitable to contain an average

It must be attended by the owner; and

It must be securely muzzled so as to effectively prevent such animal from

No vicious animal shall be allowed outside the owners property except in

Destruction of a Vicious Dog

When it is Determined that the Animal is not Dangerous or Vicious

Minor Owner or Keeper

Person in Charge of Animal

Procedure Upon Loss, Sale or Transfer of Animal

Keeping Potentially Dangerous or Vicious Animals

Penalty for Violation

Not less than $300.00

2nd and Subsequent Offenses

$500.00 and/or not to exceed six (6)

No owner, keeper or harborer of an animal shall permit a vicious or dangerous dog to be

Computer Registration of Vicious Dogs

All dangerous or vicious dogs as defined herein or as found to be vicious after a

Specific Sections Repealed; Ordinance Cumulative

Ruled Unconstitutional- see attached ruling

ORDINANCE NO. 2013 - 15

ORDINANCE NO. 2013 15

ORDINANCE NO. 2013 15

ORDINANCE NO. 2013 15

ORDINANCE NO. 2013 15

ORDINANCE NO. 2013 15

Chapter 3 ANIMALS AND FOWL

ARTICLE III. DOG AND CAT REGULATIONS

3-2 Bird Sanctuary - Restrictions, Exception

3-3 Bird Sanctuary - Destruction of Nuisance

ARTICLE II - ANIMALS - PROHIBITED ACTS

3-5 Cruelty to Animals Prohibited

3-6 Maliciously Killing or Injuring Animals or Property of Another Prohibited; Penalty

3-7 Malicious Killing or Maiming Animals of Another Prohibited; Penalty

3-9. Disposing of dead animals; penalty.

3-9.1. Keeping of swine; penalty.

ARTICLE III. DOG AND CAT REGULATIONS [1]

3-11. Inoculation and inoculation tag required generally,

3-13. Impounding of dogs and cats generally.

3-14. Appointment of animal control officer and assistants.

3-15. Dog or cat on premises other than own.

3-17. Rabid dogs or cats.

3-17.1. Impoundment of dog or cat which has bitten a person.

3-17.6. Abandonment of dog or cat.

3-17.7. Penalties; fines and payment of expenses.

3-17.9. Tethering near property line.

3-17.10. Barking or howling dogs.

ARTICLE IV. ANIMALS AND FOWL RUNNING AT LARGE

DIVISION 1. ANIMALS RUNNING AT LARGE

3-18. Unlawful to allow diseased stock to run at large; penalty.

3-19. Unlawful for stock to run at large.

State law reference Similar provisions, Code of Alabama, 3-5-2.

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