MONTGOMERY, Ala. – Keeping a dog outside without adequate food, water and shelter could soon become a Class C misdemeanor under a bill moving through the Alabama Legislature.
Senate Bill 361, sponsored by Senate President Pro Tem Garlan Gudger, R-Cullman, creates a minimum standard for dogs kept outside and establishes criminal penalties for violating dog confinement requirements.
The minimum requirements for owners keeping their dog outside would be to provide access to adequate shelter, food and water. Adequate shelters have a roof, walls and a solid floor and are large enough to allow a dog to stand up and move around.
The bill also forbids Alabamians from tying a dog to a stationary object like a tree, stake or structure without a trolley system for long periods of time. It bans logging chains and choke or pinch collars as ways to tether dogs as well.
A person who violates any of the standards set in the bill would be responsible for the full cost of boarding and veterinarian care for the dog and would be guilty of a Class C misdemeanor.
Additional offenses would carry a charge of a Class A misdemeanor.
The Greater Birmingham Humane Society has been a vocal proponent of the bill on social media and its website, urging people to call their elected officials in support.
Allison Black Cornelius, CEO of the GBHS, has posted several videos about the bill, calling it “one clear standard for officers” and “one last chance for dogs.”
The bill exempts several situations from the tethering and confinement standards, including temporary instances like running into a grocery store and grooming. Hunting, service and working dogs would also be excused from the standards.
Rep. Phillip Ensler, D-Montgomery, is carrying the legislation in the House. The House Committee on Agriculture and Forestry approved a substitute version identical to Gudger’s last week. Ensler said in the meeting last week that the bill will give animal control officers “legal teeth” to intervene when they see people treating dogs inhumanely.
“The idea is not to nitpick, go after every little thing, it’s to at least just provide some more framework because right now the law is not very clear,” Ensler said.
Law enforcement officers who have probable cause that someone has violated the established standards of care could order the owner to change the dog’ living conditions or remove the dog if they believe the animal’s life is in danger.
Ensler carried a similar bill last year, but lawmakers never took up the measure for a floor vote.
Reps. Brent Easterbook, R-Fruitdale, and Van Smith, R-Prattville, opposed the bill in committee, arguing that tethering dogs inhumanely is an urban problem, not a rural issue. Smith called the bill “overkill” for rural areas.
The Senate passed the legislation with no discussion last week by a vote of 28-1, and the bill now awaits a vote on the House floor. Eight days remain in the 2026 legislative session.