Dogs Running-at-Large (RAL) Laws

Dog Confinement Law Overview

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The Purpose of RAL Laws

When we see dogs running loose, we tend to assume they are off of their own premises because the owner does not care or allowed the dog to roam. This is not always the case: Accidents happen. Children leave doors open, contractors leave gates opened, dogs jump or dig out of fences, and dogs flee when scared.

If you see a dog running loose, the owner may be looking the dog. Please follow the steps to assist animals who are lost, stray, or abandoned.

If you see a dog running loose repeatedly, it is possible the owner allows the dog to run loose or does little to prevent that from happening. These are the situations addressed by Running-at-Large (RAL) laws.

While many people presume allowing RAL doesn’t hurt anyone, that is not the case. Loose dogs can cause car accidents, may result in injury or death of a person or animal, or may result in the dog being shot. It is incumbent on all of us to keep dogs confined for the benefit of people and animals alike.

The protection of public safety is the most common reason for adoption of the statute.

Running-at-Large (RAL) Laws At-a-Glance

Ala. Code § 3-1-5’s fine of $2–50 was at the time of the law’s 1915 enactment equivalent to roughly $60 to $1,500. Since the fine has not been updated, court costs of about $175–335 are the larger penalty. Municipal ordinances carry higher fines than the statute.

Enforcement of RAL Laws

Enforcement is prompted by a resident’s report or an officer’s witnessing of RAL. A responding officer or agent may address the situation in a variety of ways:

• Educate the dog owner of the confinement requirement and prepare an Incident Report or warning. Typically done in person, though a letter can be mailed instead.
• Offer assistance, such as by providing a trolley system to residents who are struggling to keep their dog at home.
• Issue a citation if the dog is off-premises in the presence of the officer, if the dog owner can be identified, and if the officer has citation authority. The officer may submit bodycam footage as evidence of the violation.
• Impound the dog, if the dog is off-premises.

If no citation is issued and/or violations continue, the affected resident can ask whether the official will address the situation again. The resident also has the option of bringing evidence directly to the court. This is known in Alabama law as a Complaint, though we more commonly hear it referred to as “pressing charges” or “swearing out a warrant.”

If the magistrate or judge finds sufficient evidence of a violation, the dog owner will have the opportunity to plea or to contest the charge.

Guidance for Dog Owners & Their Neighbors

If dog confinement is required at the location, consider reporting violations for the benefit of humans and animals alike.

If there is no confinement requirement — if neither § 3-1-5 nor a municipal ordinance is applicable —  owners are legally permitted to allow their tagged, friendly dogs (“having no vicious or mischievous propensities”) to run-at-large, as confirmed by the Alabama Supreme Court in Owen v. Hampson (1952).

If you would like confinement to be required, there are several steps you can take:

• Ask for a dog confinement law. Use this information to talk to your commissioner or councilmember. Many laws result from residents’ requests of their representatives.
• Talk to the dog owner. If you can safely do so, talk to the neighbor who allows his untagged dog to run loose, or request that an officer speak to the neighbor.
• Hold the owner responsible for livestock harmed or killed by his dog.
• Other possible recourses include nuisance law or noise ordinances.

History of Alabama RAL Laws

The “license tag” exception in the At-Large statute's second paragraph [Alabama Code § 3-1-5(b)] refers to a tag issued upon registration or licensing of a dog with the local government. Mandatory licensing was common in Alabama when this law was enacted in 1915 but is uncommon now, so this reference can be confusing.

In late 1800s and early 1900s Alabama, many counties and municipalities issued license tags to mark dogs on whose behalf taxes had been paid. Just as a car license plate (also referred to as a “tag”) indicates that the car is registered, taxes paid, and “given privilege or free range,” the 1919 dog tax statute specified that “a suitable metal tag” be issued and then worn by the dog.

The 1919 statute ordered officials “to kill on sight any dog found by them running at large, not wearing the identification tag showing the registration number.”

Today, it is a felony to kill a dog for merely running at large, regardless of whether the dog is owned or licensed — though, unfortunately, we some officials still advise residents to illegally shoot loose dogs.

A Note About Word Choice

The laws addressed on this page are called by various terms:

• Running-at-large (RAL) laws is from the text of the statute: Permitting Dogs to Run at Large.
• Leash laws refer to the requirement commonly found in ordinances (but not the statute) that dogs be leashed when off-premises.
• Containment laws, in which ‘contain’ may be defined as restricting a hazard. We prefer the term ‘confinement’ because ‘confine’ is the term used in the statute and has a nonjudgmental definition of simply enclosing within boundaries.

Though it is true that loose dogs can be a hazard on roads or to people who are fearful of them, we believe it is important to know that dogs in essence are not a hazard. Extremely few dogs are dangerous: only 0.01% of dogs (or roughly 1 in 10,000) bite with enough force to cause an injury, according to Nathan Winograd, and the percentage of truly aggressive dogs is perhaps one quarter of 1%.