Pup behind a fence. Photo by Kristin Yarbrough

Dog confinement now required in Blount County

By Kristin Yarbrough. Published in the Blount Countian on August 21, 2024. Updated September 4, 2024, with adjustments to jurisdiction and penalties (4th paragraph).

Following two months of discussion, on Aug. 13 the Blount County Commission unanimously adopted Alabama’s dogs at large statute.

Alabama Code §3-1-5 stipulates that dogs be confined to the owner’s premises or, if off-premises, kept in the owner’s charge. An exception is made for dogs actively engaged in hunting or agricultural work, such as livestock protection.

Safety was at the heart of the community members’ advocacy and the Commission’s vote. “As we live more closely together, problems arise that were not a problem before,” said Commission Chairman Chris Green. “We realize dogs running at large has been an increasing problem. What speaks to us is people feeling unsafe, especially where their children are concerned.”

The statute applies in all of Blount County. Conviction of the misdemeanor offense carries a fine of $2 to $50 which is determined by the judge, plus approximately $330 in court costs, according to Circuit Clerk Cindy Massey. Fines are higher in some municipalities.

County leaders sought to increase protections while maintaining the hands-off governance which many Blount County residents appreciate. “The County Commission is not in the business of implementing rules and restrictions,” Green said. “What we’re trying to do is put a tool in the toolbox.”

“This law getting adopted is not a cure-all,” said Kristen Henderson of Nectar, who spoke to the Commission about her family’s ongoing issues with a neighbor’s aggressive dogs. “Dogs will roam. It's their nature. However, this gives people like us some options.”

Just as before, residents should call 911 in an active emergency, such as a bite or attack, according to Derrick S. Walker of the Blount County Communications District. “For all other situations, work it out with your neighbor,” said Green.

Most Blount Countians do want to be responsible and neighborly, in the experience of Sergeant Jeff Kirkland, former Blount County Animal Control Officer, and the owner’s awareness may be all that is necessary to resolve the situation. In other cases, a conversation is not possible or more is needed to hold the owner accountable.

The newly adopted statute offers a legal recourse by making it a crime to allow dogs to run at large. Residents who choose to contact law enforcement should be aware that they must be willing to follow through by providing evidence and testifying under oath against the neighbor.

Officers can document “your side of the story, but the burden of proof lies on you,” said Sheriff Mark Moon. “The victim or complainant must take responsibility on their own to do whatever it takes.” A first step is to gather evidence, such as photos or video, that clearly shows the dog off-premises and not in the neighbor’s control.

Next steps will be communicated in the coming weeks as Moon collaborates with Blount County District Court and the many other stakeholders affected by the new law. “We’re asking the public for patience and to give us some time to figure this out,” Moon said. “This process is going to take at least a few months to get worked out," said Deputy Brock Echols, Blount County's new Animal Control Officer.

Since dogs can get lost or loose even with the most vigilant care, dog owners can increase the odds of their dog remaining at home or returning home by taking the following steps: (1) Dogs must always wear a current rabies tag, in accordance with Alabama Code §3-7A-4; (2) Dogs should be spayed or neutered, which reduces roaming and aggression; (3) And ideally, dogs should be microchipped and contact information kept current.

Alabama’s at-large statute is unusual in that although it was enacted by the state in 1915, it applies in each county only when adopted by the County Commission. Prior to this year’s meetings, the Blount County Commission had discussed the statute only twice in its history and had never voted on whether to adopt.

Terry Palmore, the Pine Mountain resident who led the advocacy effort, was elated about the vote. “When I started this a few months ago, I knew it was a big hill to climb,” Palmore said. “I’m on cloud nine.”

“It’s the law now: contain your animals. The negligence needs to end,” said Leia Windham of Cleveland, who addressed the Commission in July. “This getting passed made my mama heart feel a little relief to have some help protecting my babies,” Henderson added.

Blount County leaders shared the residents’ enthusiasm about the vote. “This is an overall positive change. We’re moving in the right direction,” said District Three Commissioner Bradley Harvey. “We feel like the vast majority of Blount Countians understand the need for this and are supportive of it,” said Chairman Green.

Discussion of the statute at County Commission meetings can be viewed on the Commission's Facebook page:

  • Aug. 13 — brief discussion and vote from 8:00 to 14:30
  • Aug. 8 — (audio only) discussion from 12:45 to 46:45
  • July 9 — discussion from 23:25 to 43:30

The author thanks the many people who assisted with this article, including Sheriff Mark Moon, Commission Chairman Chris Green, District Three Commissioner Bradley Harvey, ACO Deputy Brock Echols, former ACO Sergeant Jeff Kirkland, Karen Startley at the Animal Adoption Center, Circuit Clerk Cindy Massey, Derrick S. Walker of Blount County Communications District, Rachel Simmons and Mark Staton at the County Commission, Terry Palmore, Kristen Henderson, Leia Windham, Ann Jerman, Lori Howell, Aubrie Kavanaugh, Cynthia Gould of ABC 33/40 (who reported on this topic in 2016), Kim Smith, Lesley Calvert, and the Blount Countian publisher and staff for providing a printed forum for local reporting.