gotcha ,, thanks .

i killed four dogs one time in my sister's yard . the cops said to kill the other one if it came back .

While not something that comes up with any frequency in my practice, I generally know that there are "fence in" and "fence out" areas in the state. The quoted statute is "fence out" meaning it is your obligation to maintain a legal fence to keep animals off your property. Law dates back to open range grazing days.

In "fence in" areas, it is the duty of the livestock owner to keep the animals contained within a lawful fence. The failure to do so creates liability.

Fence in seems like what everything should be in alabama these days. There is no open range grazing anymore.

3-5-1. "Livestock" or "animal" defined
The term "livestock" or "animal," where it occurs in this chapter, shall be held to be limited to and to refer to horses, mares, mules, jacks, jennies, colts, cows, calves, yearlings, bulls, oxen, sheep, goats, lambs, kids, hogs, shoats and pigs.


God Bless,
David B.

HOWEVER,


3-5-2. Permitting livestock or animals to run at large upon premises of another without permission or upon public lands, highways, etc., generally

(a) It shall be unlawful for the owner of any livestock or animal, as defined in section 3-5-1, to knowingly, voluntarily, negligently or willfully permit any such livestock or animal to go at large in the state of Alabama either upon the premises of another or upon the public lands, highways, roads or streets in the state of Alabama.

(b) Nothing in this section or elsewhere in this chapter shall be construed to make it unlawful for livestock or other animals to run at large on the premises of another when the owner or person in charge of the premises has consented in writing to let livestock or other animals run at large on the same or to subject the owner of such livestock or other animals to criminal prosecution therefor.

(c) There shall be no "open range" counties in this state. This section shall apply to all counties within the state.

(d) Any person or persons owning or having the possession, custody or control of any livestock who unlawfully and knowingly permit the same to run or be at large, shall be guilty of a misdemeanor, and, on conviction, shall be fined not less than double the damages sustained by the injured party or parties, but in no case more than $50.00, one half of such fine to go to the injured party or parties, and may also be imprisoned in the county jail or sentenced to hard labor for the county for a term not exceeding six months at the discretion of the court trying the case.



3-5-3. Liability of owner for damages done by livestock or animals running at large; judgment lien upon animal or livestock causing damage

(a) The owner of such livestock or animal being or running at large upon the premises of another or upon the public lands, roads, highways or streets in the state of Alabama shall be liable for all damages done to crops, shade or fruit trees or ornamental shrubs and flowers of any person, to be recovered before any court of competent jurisdiction; provided, that the owner of any stock or animal shall not be liable for any damages to any motor vehicle or any occupant thereof suffered, caused by or resulting from a collision with such stock or other animal, unless it be proven that such owner knowingly or wilfully put or placed such stock upon such public highway, road or street where such damages were occasioned.

(b) The judgment of the court against the owner of such livestock or animal so depredating shall be a lien superior to all other liens on the livestock or animal causing the damage, except as to taxes.


I'm not a lawyer.

God Bless,
David B.