Montgomery, AL Animal Ordinances: Breed Restrictions (2026)

Sec. 4-121 defines a "vicious animal" as one that attacks, bites or inflicts severe injury on human beings, pets, companion animals or livestock while off its owner's property, or while running at large in violation of Sec. 4-13. The definition is entirely conduct-based: the same section states "no dog may be declared vicious based solely on the breed of said animal," ruling out any pit bull or other breed-specific presumption of dangerousness in Montgomery's animal code. The owner of an animal accused of viciousness is entitled to introduce evidence that the animal was provoked or that its actions during the alleged attack were justified, an affirmative defense built directly into the definitional section rather than left to case law.

Article IV then builds enforcement around that individualized-conduct standard: Sec. 4-122 requires an owner to keep a vicious animal only in an enclosure meeting the conditions of Sec. 4-124, and Sec. 4-42(4) authorizes impoundment when the animal is under investigation for viciousness pursuant to Sec. 4-123. Because the ordinance conditions vicious status on the animal's own attacks, bites or severe injuries, and specifically forecloses breed as the sole basis, no breed of dog is presumptively restricted, banned or subject to different licensing, confinement or insurance rules in Montgomery purely because of its breed.