HB149INTRODUCED Page 0 HB149 9N3LMBB-1 By Representatives Ensler, Lands RFD: Agriculture and Forestry First Read: 04-Feb-25 1 2 3 4 5 9N3LMBB-1 01/30/2025 ZAK (L)ZAK 2024-2343 Page 1 First Read: 04-Feb-25 SYNOPSIS: Under existing law, animals are afforded protections regarding their care in this state. This bill would require certain methods be used to tether or confine a dog. This bill would require certain care be provided to dogs kept outside using one of these methods. This bill would exempt certain persons and activities from these requirements. This bill would also provide a criminal penalty for tethering or confining a dog in violation of this act. A BILL TO BE ENTITLED AN ACT Relating to dogs; to provide methods for tethering and confining dogs; to provide certain standards of care for dogs kept outside; to exempt certain persons and activities; and to provide criminal penalties for violations. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. This act shall be known and may be cited as the Alabama Dog Tethering and Outdoor Shelter Act. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HB149 INTRODUCED Page 2 the Alabama Dog Tethering and Outdoor Shelter Act. Section 2. (a) A person may not leave or keep a dog chained or tethered to a stationary object, including a structure, dog house, pole, or tree, or otherwise confined unless in accordance with one of the following: (1)a. Confined in a secure enclosure that has adequate space for exercise depending upon the age, size, breed, and weight of the dog. b. The secure enclosure shall be constructed with chain link or other sturdy material, with all four sides enclosed and with a minimum height sufficient to confine the dog. (2) Confined in a fully fenced, including electronically fenced, or otherwise securely enclosed yard where the dog has the ability to run but is unable to leave the yard. (3) Tethered to a trolley system that satisfies all of the following: a. The tether is designed for dogs. b. The tether does not weigh more than one-eighth of the dog's body weight. c. The trolley system does not allow the dog to leave the property of the owner or keeper. d. Only one dog is tethered to each cable run. e. The tether is attached to a properly fitting collar or harness worn by the dog, with adequate space between the collar and the dog's throat. f. The tether has a swivel on both ends to minimize tangling of the collar. g. The tether and cable run are both at least 10 feet 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 HB149 INTRODUCED Page 3 g. The tether and cable run are both at least 10 feet in length and the cable run is secured at least four feet, but not more than seven feet, above ground level. h. The length of the tether from the cable run to the dog's collar or harness allows continuous access at all times to clean water, adequate food, and shelter as described in subsection (d). i. The trolley system is of an appropriate configuration to confine the dog to the property of the owner or keeper, prevent the cable run and tether from extending over an object or edge that could result in injury or strangulation of the dog, and prevent the cable run and tether from becoming tangled with other objects or animals. (b) Subsection (a) shall not be construed to apply to any of the following: (1) A licensed veterinary practice that tethers or confines a dog in the course of its practice. (2) A boarding kennel or public or private animal shelter with secure enclosures for the temporary boarding or housing of dogs. (3) An exhibition, trial, show, contest, or other temporary event in which skill, breeding, or stamina of a dog is judged or examined. (4) A dog that is used or receives training in a lawful manner to hunt wildlife. (5) The temporary tethering of a dog at any campsite or recreation area. (6) A licensed grooming shop or facility during the grooming of a dog. 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 HB149 INTRODUCED Page 4 grooming of a dog. (7) Any emergency circumstance during which tethering a dog is necessary, but not exceeding a period of three hours. (c) A logging chain or other line or device not designed or intended for tethering a dog, or a choke collar or pinch collar, may not be used temporarily or indefinitely to tether a dog. (d) In addition to any other requirement, a person leaving or keeping a dog confined outside shall provide the dog with access to clean water, adequate food, and shelter that complies with all of the following: (1) Allows the dog to remain dry and protected from the elements, including providing shade for the dog and containing adequate bedding for cold weather when necessary. (2) Has a roof, four walls, and a solid floor. (3) Is constructed or manufactured of durable materials and provides adequate ventilation. (4) Has adequate space for the dog to stand up, turn around, and extend its limbs. (5) Is free from accumulated waste, standing water, and debris. (6) Allows the dog unlimited access. (e) Nothing in this section shall be construed to do any of the following: (1) Subject a dog actively engaged in conduct that is directly related to the business of shepherding or herding livestock or cultivating agricultural products to the outdoor confinement limitations provided by this section. (2) Prohibit a person from walking a dog on a handheld 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 HB149 INTRODUCED Page 5 (2) Prohibit a person from walking a dog on a handheld leash. (3) Prohibit a person from tethering a dog near a place of business while the person is inside or otherwise interacting with the business, subject to the following conditions: a. The dog is tethered for a reasonable amount of time. b. The dog is tethered in a reasonable location near the place of business. (f) A person who violates this section shall be guilty of a Class B misdemeanor. Section 3. This act shall become effective on October 1, 2025. 113 114 115 116 117 118 119 120 121 122 123 124