(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 wilfully permit any such livestock or animal to run 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 allow livestock or other animals to run at large on the premises.
(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 fifty dollars ($50), 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.
(e) No municipal governing body may adopt or continue in effect any ordinance, rule, resolution, or other directive that is inconsistent with this section. For purposes of this subsection, an ordinance, rule, resolution, or directive shall be considered inconsistent with this section if it proscribes the same conduct prohibited by this section and provides no requisite mental state or a mental state different than what is provided in subsection (a) or (d).
(Acts 1909, No. 50, p. 41; Code 1923, §3224; Acts 1939, No. 368, p. 487; Code 1940, T. 3, §§78, 93(1), 95; Acts 1951, No. 53, p. 266, §1; Act 2023-42, §1.)
Notes of Decisions
Cited in
4
cases (
1 in the last 5 years), 1980–2023 · leading case:
Carpenter v. McDonald, 495 So. 2d 640 (Ala. 1986).
Carpenter v. McDonald, 495 So. 2d 640 (Ala. 1986).
· cites it 2× “Code 1975, § 3-5-2(a), provides: “It shall be unlawful for the owner of any livestock or animal, as defined in section 3-5-1, to knowingly, voluntarily, negligently or wilfully permit any such livestock or animal to go at large in the state of Alabama either upon the premises of…”
Monfee v. Seymore, 392 So. 2d 1198 (Ala. Civ. App. 1980).
· cites it 3× “We find § 3~4-6(a) to be in harmony with the concept of open range and in conflict with present law inasmuch as § 3-4-6(a) in effect requires a landowner to erect a lawful fence to protect his crops and shields a stock owner from liability when the landowner has failed to do so.…”
McPherson v. Gross, 399 So. 2d 301 (Ala. Civ. App. 1981).
“…to go at large in the state, either upon premises of another or upon public lands, highways, roads or streets. (§ 3-5-2(a))”
Ford v. Smitherman (M.D. Ala. 2023).
· cites it 2× “Backup was called because of the 1 See Ala. Code §§ 3-5-2 ; 13A-7-61. escalating situation, thereby resulting in the arrival of additional law enforcement officers at the residence, including Sergeant James Davis, Officer Erick Smitherman, and Officer Corry McCartney.”
Ala. Code § 3-5-2(a): 3 cases
Carpenter v. McDonald, 495 So. 2d 640 (Ala. 1986).
“Code 1975, § 3-5-2(a), provides: “It shall be unlawful for the owner of any livestock or animal, as defined in section 3-5-1, to knowingly, voluntarily, negligently or wilfully permit any such livestock or animal to go at large in the state of Alabama either upon the premises of…”
Monfee v. Seymore, 392 So. 2d 1198 (Ala. Civ. App. 1980).
“We find § 3~4-6(a) to be in harmony with the concept of open range and in conflict with present law inasmuch as § 3-4-6(a) in effect requires a landowner to erect a lawful fence to protect his crops and shields a stock owner from liability when the landowner has failed to do so.…”
McPherson v. Gross, 399 So. 2d 301 (Ala. Civ. App. 1981).
“…to go at large in the state, either upon premises of another or upon public lands, highways, roads or streets. (§ 3-5-2(a))”
Ala. Code § 3-5-2(c): 1 case
Monfee v. Seymore, 392 So. 2d 1198 (Ala. Civ. App. 1980).
“We find § 3~4-6(a) to be in harmony with the concept of open range and in conflict with present law inasmuch as § 3-4-6(a) in effect requires a landowner to erect a lawful fence to protect his crops and shields a stock owner from liability when the landowner has failed to do so.…”
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treatment. Dots show Syfertize treatment of the citing case itself.