Dangerous Dog Declaration in Alabama: What Every Owner Needs to Know

Alabama has one of the clearest state-level frameworks in the country for handling dogs that injure people. Known as the Dangerous Dog Procedure Act — commonly called Emily’s Law — it lays out a formal legal process to classify a dog as “dangerous” and impose penalties on owners whose dogs pose a threat to public safety. Whether you are the owner of a dog under investigation or someone trying to understand what comes next after an incident, knowing how this law works can make a significant difference in how you respond.

Emily’s Law was passed in 2018 in memory of Emily Colvin, a woman from Jackson County, Alabama, who tragically lost her life in a dog attack. Governor Kay Ivey signed the bill into law on March 8, 2018, and it officially went into effect on June 1, 2018 — before which only select cities and counties in Alabama had ordinances for handling aggressive dogs, leaving many jurisdictions without a consistent legal framework.

This guide walks you through every stage of the dangerous dog declaration process in Alabama, from the legal definition of a dangerous dog to the penalties you may face if you violate a court order.

Important Note: This article provides general legal information based on Alabama state law (Title 3, Chapter 6A of the Code of Alabama). It is not legal advice. If your dog is subject to a dangerous dog investigation or declaration, consult a licensed Alabama attorney.

What Makes a Dog “Dangerous” Under Alabama Law

To declare a dog dangerous, a court must find by reasonable satisfaction that the dog bit, attacked, or caused physical injury, serious physical injury, or death to a person without justification. This standard applies regardless of the dog’s breed, size, or prior history.

Emily’s Law does not discriminate against specific breeds. Instead, it focuses entirely on a dog’s behavior — a dog of any breed may be classified as dangerous if it has caused unjustified injury to a person. This behavior-based approach ensures that decisions are made on the facts of an individual incident, not on breed stereotypes or generalizations.

Alabama law also establishes important presumptions that work in a dog owner’s favor. It is presumed that a dog is not dangerous if the dog was on property owned by the owner when the event occurred, or if the victim was trespassing on any property when the event occurred. These presumptions do not automatically end a case, but they do shift the evidentiary burden during a hearing.

Key Insight: The “without justification” requirement is meaningful. If a dog reacted to provocation, was protecting its owner from a genuine threat, or the incident occurred during trespassing, those circumstances may factor into whether a court finds the legal threshold met.

If you want to understand how other states define dangerous dogs for comparison, see how the process works in a dangerous dog declaration in Georgia or review the rules for a dangerous dog declaration in Virginia.

Who Can File a Dangerous Dog Complaint in Alabama

When a person claims that a dog is dangerous, they must make a sworn statement before a city magistrate or sheriff, setting forth the name of the dog owner (if known), the location where the dog is kept in the city or county, and the reason the person believes the dog to be dangerous.

The person making the sworn statement is usually someone who was bitten by the dog or the victim’s parents. However, the law does not restrict who may file — any person with direct knowledge of the incident and a credible basis for the claim can initiate the process by appearing before a magistrate or sheriff.

The sworn statement must include specific details about the dog, its owner, and the nature of the alleged dangerous behavior. It must include evidence or detailed claims of aggressive behavior or injury caused by the dog, and this sworn complaint is what triggers the formal legal review process.

One important caution: any person who knowingly makes a false report to an animal control officer or law enforcement officer that a dog is dangerous is guilty of a Class C misdemeanor. Filing a complaint in bad faith carries real legal consequences.

How the Dangerous Dog Declaration Process Works in Alabama

Once a sworn statement is filed, the process moves through several distinct stages before any court declaration is made. Understanding each step helps you know what to expect and when to act.

1. Sworn statement filed: The process starts when someone makes a sworn statement before a city magistrate or sheriff identifying the dog, its owner (if known), where the dog is kept, and why the person believes it is dangerous. That sworn statement goes to an animal control officer, who conducts a formal investigation.
2. Investigation assigned: If the complaint involves serious physical injury or death, a law enforcement officer handles the investigation instead of animal control. For less severe incidents, animal control takes the lead.
3. Summons and impoundment: If the investigator determines there is merit to the complaint, they must issue a summons to the dog’s owner (if known) and have the dog impounded. The dog is kept at a county animal pound unless the owner chooses to have it kept at a veterinarian clinic. The investigator must then send a report to the applicable prosecutor’s office.
4. Petition filed by prosecutor: A copy of the investigation report goes to the county attorney or municipal prosecutor, who may then file a petition asking the court to declare the dog dangerous.
5. Court hearing: A hearing is conducted in court as soon as possible, in which the court reviews the evidence and decides what should happen to the dog, based on the injuries the dog caused and the threat it poses to the community.

A dog that is the subject of a dangerous dog investigation may not be relocated and ownership may not be transferred pending the outcome of the investigation and hearing. Attempting to move or rehome the dog during this period is a violation of the law.

The dog can be held at the county pound, an animal shelter, or a licensed veterinarian’s facility. The owner has the right to choose their own veterinarian for impoundment instead, but either way the owner pays all costs for boarding, feeding, and any veterinary care during the hold.

Pro Tip: If your dog is impounded, request placement at a veterinarian of your choosing as soon as possible. You will bear the costs either way, but choosing your own vet may give you better access to your dog’s condition and care during the process.

For a side-by-side look at how this process compares to other states, see the dangerous dog declaration in Ohio or the dangerous dog declaration in Texas.

Your Rights as a Dog Owner During the Process in Alabama

Alabama’s dangerous dog law is a judicial process, not an administrative one. That means you have meaningful legal rights at every stage — and exercising them promptly matters.

• Right to notice: The owner of the dog, if known, must be served with a copy of the petition. You cannot be subjected to a court declaration without being formally notified and given an opportunity to respond.
• Right to a hearing: The law provides dog owners the opportunity to present evidence during a court hearing. You may attend, testify, and bring witnesses or documentation to challenge the allegations.
• Right to contest the evidence: At the hearing, the county attorney, municipal attorney, or municipal prosecutor presents evidence that the dog is dangerous. You have the right to respond to that evidence, cross-examine witnesses, and present your own.
• Presumption of non-dangerousness: As noted above, if the incident occurred on your property or involved a trespasser, the law presumes your dog is not dangerous — and the burden shifts to the prosecution to overcome that presumption.
• Right to choose impoundment location: You may select a licensed veterinarian of your choice to hold your dog during the investigation, rather than a county pound.

In jurisdictions that don’t employ an animal control officer, a law enforcement officer carries out all the duties described above. Regardless of who investigates, the same procedural rights apply to you as the owner.

You should also know that if the investigation finds the allegation unfounded, the complainant is notified and the case file is preserved in the animal control or sheriff’s office. An unfounded investigation does not erase the record, but it does close the case without a court proceeding.

What Happens After a Dog Is Declared Dangerous in Alabama

A court declaration of dangerousness triggers a set of mandatory requirements that you must meet to keep your dog. Owners have 30 days to comply with these court-ordered safety measures. Failure to do so puts both you and your dog at legal risk.

Alabama Code §§ 3-6A-3 and 3-6A-4 require the following from owners of declared dangerous dogs:

• Proper enclosure: The dog must be kept in a lockable, secure enclosure with a top and specific flooring to prevent escape. Owners must also post a sign that warns visitors of the dangerous animal.
• Leash and handler when outside: When the dog is outdoors and not in the enclosure, the owner must be present and restrain the dog with a secure collar and leash. The statewide law does not specify a maximum leash length, though local ordinances may impose one.
• Surety bond: The owner must obtain a surety bond of at least $100,000 and provide proof to the court or animal control office.
• Microchipping: The dog must be permanently identified with a microchip.
• Spay or neuter: The dog must be spayed or neutered unless a veterinarian determines it is medically unnecessary.
• Rabies vaccination: The owner must provide a certificate of current rabies vaccination.
• Annual registration: The owner must register the dog as dangerous with the local animal control authority, or the county health department if there is no animal control office.
• Proof of bond at registration: The owner must provide proof of the surety bond each time the annual dangerous dog registration fee is paid.

In the most serious cases — where the dog caused serious physical injury or death — if the judge rules that the dog is dangerous and caused serious harm or killed someone, the law requires the judge to order the dog euthanized. This outcome is mandatory, not discretionary, under those circumstances.

You may also want to review how other states handle post-declaration requirements. The dangerous dog declaration in California and the dangerous dog declaration in Washington each take somewhat different approaches to owner obligations.

How to Contest a Dangerous Dog Declaration in Alabama

If a petition has been filed to have your dog declared dangerous, you have both the right and the opportunity to fight it in court. The hearing is your primary venue, and preparation is everything.

The pleading and practice in all cases to petition the court to declare a dog dangerous must be in accordance with the Alabama Rules of Civil Procedure and rules governing municipal courts in this state, unless otherwise specified by the chapter. This means the standard rules of civil evidence and procedure apply — you can retain an attorney, subpoena witnesses, and introduce documentary evidence.

Strategies that may support your defense include:

• Challenging the “without justification” element: If the dog was provoked, reacting to a threat, or protecting its owner, present witness testimony or video evidence to that effect.
• Invoking the trespass or owner-property presumption: If the incident occurred on your property or the person was trespassing, raise this presumption explicitly and require the prosecutor to overcome it.
• Challenging the investigation’s findings: Review the animal control officer’s or law enforcement officer’s report for procedural errors, factual inaccuracies, or gaps in the investigation.
• Presenting character and behavioral evidence: Veterinary records, training certifications, and testimony from neighbors or handlers who know the dog’s temperament can all be relevant at a hearing.

Any judicial determination in municipal court or district court that a dog is dangerous may be appealed to the circuit court pursuant to the requirements of the Alabama Rules of Civil Procedure, and the order of the circuit court is final. If you lose at the municipal or district court level, an appeal to circuit court is available — but that circuit court ruling is the end of the road under state law.

Pro Tip: Engage an attorney before the hearing, not after. Once a court issues a declaration of dangerousness, your options narrow significantly. An attorney familiar with Alabama animal law can help you gather evidence, file proper responses, and present the strongest possible case at the hearing.

For comparison, see how owners navigate similar hearings under the dangerous dog declaration in Indiana or the dangerous dog declaration in Minnesota.

Penalties for Violating Dangerous Dog Requirements in Alabama

Alabama’s penalty structure escalates based on the severity of the violation and whether a prior declaration was already in place. The law distinguishes clearly between procedural violations and situations where a declared dangerous dog causes additional harm.

Violation	Classification
Declared dangerous dog outside enclosure without owner and leash	Class C misdemeanor (first offense); Class B misdemeanor (subsequent)
Previously declared dangerous dog attacks and causes physical injury	Class A misdemeanor
Undeclared dog attacks and causes physical injury (owner had prior knowledge, reckless disregard)	Class B misdemeanor
Previously declared dangerous dog attacks and causes serious physical injury or death	Class B felony
Undeclared dog causes serious physical injury or death (owner had prior knowledge, reckless disregard)	Class C felony
Refusing to surrender dog to animal control or law enforcement during investigation	Class C misdemeanor
Knowingly making a false dangerous dog report	Class C misdemeanor

If a dog that has previously been declared by a court to be dangerous, when unjustified, attacks and causes serious physical injury or death to a person, the owner of the dog is guilty of a Class B felony. This is among the most serious criminal outcomes available under Alabama’s animal laws.

In addition to any fines imposed by the court, a person guilty of violating these provisions must pay all expenses, including shelter, food, veterinary expenses for boarding, veterinary expenses necessitated by impoundment, medical expenses incurred by a victim from an attack by a dangerous dog, and other expenses required for the destruction of the dog.

An owner of a dog that is the subject of a dangerous dog investigation who refuses to surrender the dog to an animal control officer or law enforcement officer, upon request, is guilty of a Class C misdemeanor. Cooperation during the investigation is not optional under Alabama law.

To see how Alabama’s penalty framework compares to neighboring states, review the dangerous dog declaration in Missouri or the dangerous dog declaration in Pennsylvania. You can also learn more about the most dangerous dog breeds and how breed-neutral laws like Emily’s Law apply to them regardless of type.

Understanding the full scope of Alabama’s dangerous dog law — from the initial sworn statement through the post-declaration requirements and criminal penalties — puts you in a much stronger position whether you are a dog owner facing this process or a concerned resident seeking accountability. The law is detailed, procedural, and consequential, and treating it seriously from the first step is the most effective approach you can take.