Full Title Name:  Detailed Discussion of Alabama Great Ape Laws

I. Introduction to Legal Control Over Great Apes in Alabama

In Alabama, gorillas, chimpanzees, bonobos, orangutans and gibbons are considered “Class 1” wildlife, which means that they are among the most heavily regulated wild animals in the state. Because of the “nature, habits, or status” of apes, exhibitors who possess those animals must have “exceptional knowledge and facilities to ensure the safety of the public and the comfort and well-being of the animal(s).”[1] Although the possession and use of apes is heavily regulated in certain areas, such as display and exhibition, it is virtually unregulated in other areas.  For example, it is legal to import, possess, breed, buy, and sell any species of ape for use as a pet, with virtually no restrictions. Traveling ape exhibitors are also essentially unregulated within the state; however, they must notify the Department of Agriculture prior to entering Alabama with animals. Although state law sets no minimum standards for the care of apes that are possessed as pets, or for breeding or sale purposes, it does prohibit the outright abuse and neglect of those animals.   

Political subdivisions of the state, including counties, cities, and towns have statutory authority to restrict and/or regulate Great Apes within their geographical boundaries. Illegal or irresponsible possession of apes has a negative impact on the health and safety of the community in which those animals are maintained. Because of the general disparity among the state-level  laws relating to apes, many cities and counties in Alabama have chosen to enact local laws governing the possession and use of those animals. Typically, local ordinances either: (1) ban the possession of apes for certain purposes, or entirely; (2) regulate activities involving apes; or (3) set minimum standards for the care and treatment of apes.

The various sources of law governing the import, possession, use and treatment of Great Apes are not uniformly applicable to all apes within the state. Instead, each statute and regulation must be analyzed according to the particular purpose for which an ape is possessed. The following discussion begins with a general overview of the various state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries. The discussion concludes with a compilation of local ordinances which govern the possession and use of apes within geographic subdivisions of the state.

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II. State Laws and Regulations for Great Apes 

There are two types of state-level laws that govern the import, possession, use, and treatment of apes: (1) statutes, and (2) regulations. Statutes are laws that are enacted by the state legislature and regulations are laws that are enacted by state agencies. Without an express delegation of power from the state legislature, agencies have no authority to issue and enforce regulations. This delegation of power comes from a statute that directs an agency to accomplish a general goal, like regulating the importation of apes to prevent the spread of infectious diseases or setting minimum standards of care for captive apes. Once an agency is directed to accomplish a general goal, it has the authority to establish and enforce regulations that are consistent with that goal. On the other hand, some state statutes are self-implementing, which means they are complete and in effect without the need for regulations and enforcement by administrative agencies. Those statutes, which are in Section A below, directly regulate the conduct of the citizenry rather than directing an agency to do so. Section B identifies the state agencies that have been authorized by the state legislature to regulate certain aspects of the importation, possession, or use of apes, and discusses the regulations that those agencies have enacted that affect apes.

A. State Statutes

Alabama has very few state level statutes that directly affect apes. Most of the state level regulation of apes occurs at the agency level, if at all. In fact, the only state statute that regulates the treatment of apes is the general anti-cruelty statute, which may be used to protect those animals from neglect, cruel training methods, and physical abuse.  

i. Anti-Cruelty Statute

The state’s anti-cruelty statute, which essentially prohibits the intentional or reckless commission of acts that amount to cruel mistreatment or neglect, or the killing or injuring of animals belonging to another[2] generally apply to Great Apes within the state.[3] However, acts constituting cruel mistreatment or neglect are not illegal if “otherwise authorized by law,” which in the case of apes likely includes the lawful use of those animals for biomedical experimentation. As with any animal that is held in confinement, Great Apes in captivity are vulnerable to the neglect of caregivers and keepers. This law may be utilized to protect those animals from neglect, such as improper or inadequate food, unsanitary housing, exposure to the elements, untreated medical conditions, and the like. In addition, apes are sometimes trained or induced to perform for public entertainment with chemical, electrical, mechanical, and manual devices that inflict physical or psychological injuries. Accordingly, the prohibition against cruel mistreatment of animals could be utilized to protect apes that are physically abused in the course of training, to induce performances, or for any other reason. The neglect or abuse of an ape in violation of this law is a Class B misdemeanor, which may result in fines, imprisonment, or both. 

All state and local law enforcement officers, including deputized humane officers,[4] may investigate and enforce any alleged violation of the state’s anti-cruelty statute. In addition, authorized officers of humane societies may confiscate any Great Ape that is sick or disabled due to neglect, or that is being abused in violation of the anti-cruelty statute.[5]However, state law directs humane societies to return a confiscated animal to the owner once he or she is deemed to be in “suitable condition.”[6]   

B. State Agencies and Regulations

The Alabama state legislature has directed three different state agencies to regulate certain aspects of the importation, possession, and use of apes within the state. The Alabama Department of Conservation and Natural Resources (DCNR) regulates the importation and possession of all wild animals within the state. That agency’s Division of Wildlife and Freshwater Fisheries administers a permit program  for captive apes that are used for public exhibition and ensures that those animals are maintained pursuant to certain minimum standards of care. The Alabama Department of Agriculture and Industries generally regulates the importation of animals into the state to prevent the spread of infectious diseases. Although that agency has a very limited role in regulating apes, it does monitor the importation of apes by traveling exhibitors. The Alabama Department of Public Health is also responsible for controlling the spread of infectious diseases within the state. That agency has the authority to confiscate apes that are infected or diseased.

i. Alabama Department of Conservation and Natural Resources

The state legislature has given the Commissioner of the Department of Conservation and Natural Resources (DCNR) a somewhat broad amount of authority to regulate Great Apes within the state. In fact, the Commissioner may entirely prohibit the importation of apes[7] when such importation would not be “in the best interest of the state.”[8]  To date, the Commissioner has not elected to exercise that authority. In addition to that broad grant of power, the legislature has directed the Commissioner to (1) establish a permitting program for the possession of “wildlife”[9] (including apes) for “public exhibition purposes;”[10] and (2) establish minimum standards for the care and treatment of apes that are possessed for such purposes.[11] However, the legislature expressly exempted the following entities from the permit requirements and minimum standards of care: (1) publicly owned zoos or wildlife exhibits; (2) privately owned traveling zoos or circuses; and (3) pet shops.[12] Therefore the scope of exhibition activities that are actually regulated by DCNR’s Division of Wildlife and Fisheries is somewhat limited.

Any “person,”[13] who is not otherwise exempt must obtain a permit from DCNR in order to publicly exhibit apes within the state. It order to obtain a permit, he or she must be qualified by “education or experience to possess such animals,”[14] and submit a permit application and $25.00 dollars.[15] Because all Great Apes are considered “Class 1” wildlife, potential exhibitors must possess “exceptional knowledge and facilities to ensure the safety of the public and the comfort and well-being of the animal(s).”[16] In terms of personal qualifications, this means that permit applicants must be at least 21 years of age, and may not have any prior convictions involving captive wildlife regulations, illegal commercialization of wildlife, illegal importation of prohibited species, or cruelty to animals.[17] In addition, all applicants must have at least one year of documented[18]“substantial practical experience” in the care, feeding, handling, or husbandry of the same, or substantially similar, species for which a permit is sought.[19] Applicants must provide the physical address of each facility that will house permitted animals and must demonstrate that the conditions under which the apes will be maintained will not constitute a threat to the public or to the animals.[20] Detailed written safety plans for dealing with animal injuries, illnesses, attacks, and escapes, as well as natural disasters and lost children must be submitted with each permit application.[21] Prior to the issuance of a permit, DCNR agents inspect an applicants animals, facilities, and records to ensure compliance with all applicable permit requirements.[22]

Pursuant to state law, all permittees must sign an agreement certifying that they will adopt, and adhere to, the “recommended standards for wildlife exhibitors.”[23] The following standards apply to apes that are possessed for public exhibition:[24] 

a. Acquisition:

1) The possession of any ape that was illegally obtained in its state or country of origin is prohibited.[25]

b. Exhibition:

1) Apes may not be exhibited in any unsafe or unsanitary condition, or in a manner which results in threats to public safety, or the maltreatment or neglect of the animals.[26]

2) Unconfined apes must be maintained under rigid supervision and control and may not be tethered outdoors unsupervised.[27]

c. Records and Notice Requirements:

1) Permittees must submit an accurate inventory of all animals and must maintain a record of inventory changes caused by births, deaths, escapes, sales, purchases, or other causes.[28]

2) Permittees must notify the Division immediately upon discovery of an ape escape and within 24 hours of an attack on a human by an ape.[29]

3) Permittees must notify the Division at least 30 days in advance of any changes to the size or location of a permitted facility.[30]

4) Permittees must maintain written emergency plans at each permitted facility.[31]

d. Health:

1) Exposure of apes to humans with “common complaints” such as colds and influenza must be avoided.[32]

2) Heat must be provided to the animals if the temperature falls below 45 degrees Fahrenheit.[33]

3) Sick apes, new arrivals, and animals of unknown disease status must be quarantined until a licensed veterinarian determines that the animals are free of contagious diseases.[34]

4) Sick or injured apes must be removed from public viewing areas and placed into isolation or treatment facilities that are supervised by a veterinarian.[35]

5) A program to monitor the health and well-being and to prevent disease must be implemented and supervised by a veterinarian.[36]

6) Euthanasia is the responsibility of the veterinarian and may be performed at the discretion of the veterinarian in consultation of the owner. Euthanasia must be accomplished by barbiturate overdose unless another method is authorized by the Division.[37]

e. Facility Requirements:

1) Facilities must be in compliance with all county and municipal ordinances.[38]

2) Permitted facilities may not be located in exclusively residential zones.[39]

3) Permitted facilities must be located on at least five contiguous acres of land owned or leased by the permittee.[40]

4) There must be a minimum 35-foot buffer zone between the ape’s primary enclosure and the property line.[41]

5) Cages must be surrounded by a minimum 8-foot high locked perimeter fence that is at least three feet from the cages.[42]

f. Cage Requirements:[43]

1) All cages must be constructed of approved materials[44] and locked, well-braced, and securely anchored to prevent escape by digging or erosion.[45]

2) Uncovered enclosures must be at least 1000 square feet.[46]

3) For one or two gorillas, chimpanzees, bonobos, or orangutans, the cage must be at least 900 square feet and 10 feet high.[47] Cages or enclosures must be enlarged by 50% for each additional animal.[48] Gorillas must have a raised platform that is elevated three feet and can accommodate all animals simultaneously.[49]

4) For one or two gibbons, the cage must be at least 900 square feet and 12 feet high with horizontal bars across the cage at least 8 feet above the ground. [50] Cages or enclosures must be enlarged by 25% for each additional animal.[51]

5) All cages must have shelter(s), perching area(s), and a heated indoor enclosure with wooden platforms or shelves, and each must be large enough to accommodate all individuals simultaneously.[52]

6) All cages must have a den, nest box, or other connected or divided housing unit that can be locked to secure the ape(s) in that portion of the cage. No entry to the cages should be allowed without first locking the apes into the den, nest box, adjacent cage, or other connected housing unit.[53]

7) Enclosures must be equipped with species-appropriate climbing apparatus and devices to provide physical stimulation or manipulation, such as boxes, balls, mirrors, foraging items, etc.[54]

8) Cages must have structural safety barriers to prevent physical human contact with the apes.[55]

g. Food and Water:

1) Food must be suitable to meet the nutritional requirements of the apes and provided in sufficient quantity to maintain the animals in a healthy condition. Sufficient feeding sites must be provided to ensure that all animals in an enclosure have access to food.[56]

2) Food must be kept in suitable storage areas, such as refrigerators for vegetables. Containers must be labeled and grains must be kept dry. The shelf life of food must be “monitored.”[57]

3) Clean, cool water must be available at all times.[58]

h. Sanitation:

1) Cages and hard floors must be cleaned daily. Dirt floors must be raked at least every three days, with all waste material removed.[59]

2) Enclosures must be well-drained to prevent standing water.[60]

The Department of Conservation and Natural Resources has dedicated law enforcement officers, or “game wardens,”[61] who are employed by the agency, and who have the power and authority to conduct inspections,[62] make arrests,[63] seize animals,[64] and enforce all relevant laws.[65] All permittees must allow agents to inspect animals, facilities, and records at all reasonable times.[66] In the event that a permittee’s failure to comply with the caging requirements threatens human or animal safety, the animals must be immediately removed by enforcement officers and placed in an approved facility at the permittee’s expense until the permittee’s own facility is brought into compliance.[67] The use or maintenance of a Great Ape for public exhibition purposes in violation of any statute or rule adopted by the Commission is punishable by up to three months imprisonment, a maximum fine of $500.00 dollars, or both.[68] In addition, violators are liable for all expenses incurred by DCNR in seizing, boarding, and caring for their animals. Any failure to reimburse the Division for those expenses may result in revocation or denial of permits to possess wild animals.

ii. Alabama Department of Agriculture and Industries

The Department of Agriculture and Industries does not generally regulate the importation or possession of Great Apes. However, all traveling circuses, menageries, wild animal shows, and all other animal shows coming into Alabama for exhibition purposes must notify the State Veterinarian before advertising in Alabama and ten days or more before entering the state. Exhibitors must also provide the dates and locations of all performances that took place within the fifteen days prior to their arrival in Alabama. The State Veterinarian or an Assistant State Veterinarian may require traveling exhibitors to clean and/or disinfect cages, wagons, cars, harness, utensils, and animals; and may also require that certain infectious disease tests be administered to the animals at the expense of the exhibitors.[69] Any violation of this regulation is a misdemeanor.[70]

iii. Alabama Department of Public Health

The Alabama Department of Public Health (ADPH) does not directly regulate the import or possession of Great Apes. However, the agency does have the authority to prevent the spread of infectious diseases within the state. Any Great Ape that has, or appears to have, an infection or disease that is “likely to become a menace to public health”[71] falls within the purview of the agency’s authority. Since apes may carry and transmit a variety of infectious diseases, such as measles, rabies, hepatitis, and tuberculosis, the occasional intervention by ADPH is not unlikely.[72] Generally, any infected animal is considered a public nuisance[73] and must be “abated” by the county board of health or a county health officer.[74] Any ape that displays signs of infection or disease that threatens public health may be confiscated and killed by the county board of health.[75]  

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III. Laws Governing Specific Uses of Great Apes 

The statutes and regulations that are discussed in Section II all govern certain aspects of the import, possession, use, or treatment of captive apes that are possessed for various purposes. The laws are not uniformly applicable to all apes; instead, they vary according to the particular purpose for which an ape is possessed. In the U.S., captive apes are generally possessed for use as pets, scientific research subjects, for exhibition or other commercial purposes, or they are retired and live in sanctuaries. The remainder of this section discusses how the state’s laws affect apes that are possessed for those purposes. 

A. Possession of Great Apes as Pets 

It is legal to possess and sell Great Apes as pets under Alabama state law. There are no state-level import restrictions and there are no agencies that regulate their possession, housing or care. The state’s anti-cruelty statute, discussed in Section II(A)(i) above, is the only state law that protects apes that are possessed as pets.   

B. Possession of Great Apes for Scientific Research

The use of Great Apes for biomedical research is legal in Alabama. There are no state-level import restrictions and there are no state agencies that regulate the possession, housing or care of apes used for scientific research. Moreover, individuals that conduct invasive surgical experiments on apes do not need to be licensed veterinarians or have any minimum level of surgical, medical, or veterinary training or competence as long as they are employed by any of the following facilities: state agencies, accredited schools, institutions, foundations, business corporations or associations that conduct experiments and scientific research on animals in the development of pharmaceuticals, biologicals, serums, or methods of treatment or techniques for diagnosis and treatment of human or animal ailments.[76] The state’s anti-cruelty statute, discussed in Section II(A)(i) above, is the only state law that protects the welfare of apes within the state. However, that statute exempts all activities that are “authorized by law,” so apes used in research activities that are conducted in compliance with the Federal Animal Welfare Act (which regulates the use of apes by research facilities) would not be protected under the state’s anti-cruelty statute.[77] On the other hand, if a research facility within Alabama maintains or uses apes in violation of the Federal Animal Welfare Act, such use would not be “authorized by law,” and the facility could be prosecuted under the state’s anti-cruelty statute. 

C. Possession of Great Apes for Entertainment and Other Commercial Purposes

The commercial use of apes generally includes breeding, sale, display and exhibition of those animals. There are no state-level laws or regulations governing the importation, use, or sale of apes by pet shops, retail or wholesale animal dealers, breeders, and publicly owned zoos or wildlife exhibits.

The importation and possession of Great Apes by traveling circuses, menageries, wild animal shows, and all other transient animal shows coming into Alabama are regulated to the extent that such shows must give proper notice of their arrival to the State Veterinarian, as discussed in Section II(B)(ii), above. The State Veterinarian may inspect transient facilities and their animals and may require that the exhibitors clean and/or disinfect the transient facilities, equipment, or animals. 

Finally, a limited class of exhibitors that publicly display Great Apes within the state must secure a permit from the Department of Conservation and Natural Resources (DCNR), as discussed in Section II(B)(i), above. Publicly owned zoos or wildlife exhibits, privately owned traveling zoos or circuses, and pet shops are exempt from the permit requirement. Permanent, privately-owned facilities, such as roadside zoos, wildlife parks, sanctuaries that are open to the public, and performing animal shows are required to obtain a permit from DCNR before they publicly display apes. Those facilities must also comply with DCNR’s minimum standards of care, as outlined in Section II(B)(i), above.  

The state’s anti-cruelty statute, discussed in Section II(A)(i) above, applies to all apes that are possessed for commercial purposes within the state.                

D. Possession of Great Apes by Sanctuaries

There are no standards regarding the establishment of sanctuaries and no laws or regulations governing the import or possession of Great Apes by such entities. This means that any facility can label itself a “sanctuary,” regardless of whether it operates for profit or maintains apes for commercial purposes. If a sanctuary does not exhibit animals to the public, then it may operate virtually unregulated by state law. Also, the Federal Animal Welfare Act does not regulate such facilities, so there are no state or federal minimum standards of care for animals that are kept in those facilities. Sanctuaries that publicly exhibit their apes must secure a permit from the Department of Conservation and Natural Resources, and must comply with DCNR’s minimum standards of care for those animals, as discussed in Section II(B)(i), above. The state’s anti-cruelty statute,  which generally prohibits the outright abuse or neglect of apes, applies to apes that are possessed by all “sanctuaries,” whether or not they are open to the public. 

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IV. Local Ordinances

Certain provisions within Alabama’s state statutes authorize counties and local municipalities to prohibit or regulate the local possession and use of Great Apes, regardless of whether a would-be possessor has secured a state or federal permit to keep such animals.^[78] There are many local ordinances in Alabama that directly and indirectly govern the possession, use, and treatment of apes. The following list of ordinances is not exhaustive; rather, it is a partial list of local laws that demonstrates how some towns, cities, and counties in Alabama have addressed the issue.

Albertville 4-36 et seq.: It is illegal to own, keep, or harbor any Great Ape within the city limits. The ban does not apply to certain zoos, educational or medical institutions, museums, circuses or other animal exhibits, veterinary hospitals, commercial establishments that display or sell the animals, and humane societies, subject to local permit requirements and regulations. (Ord. No. 977-09, § 1 et seq., 5-4-09); 4-1.1: It is illegal to keep any Great Ape within two hundred (200) feet of any residence (other than the residence of the animal’s keeper), church, school, public building, park, playground, or café. This restriction does not apply to certain veterinary hospitals, medical or scientific institutions, temporary possession by sale barns, animals kept for show purposes, and apes maintained in agricultural zones. (Ord. No. 1035, §§ 1--4, 6-15-81)

Anniston 4-4: It is illegal to keep any Great Ape within three hundred (300) feet of any residence (other than the residence of the animal’s owner), school, church, hospital, public building, public park or playground, except that apes may be kept in a covered and enclosed barn, stable, shed, cage, coop or other structure. (Ord. No. 96-O-35, 9-17-96; Ord. No. 99-O-8, § 4, 2-22-99)

Athens 10-5: It is illegal to keep any “wild animal” as a pet, or for display or exhibition purposes. The ban does not apply to circuses or performing animal exhibitions. (Code 1983, § 3-4; Ord. No. 971, art. I, § 4, 11-11-1986)

Bessimer 14-11: Any person wishing to possess or maintain any “wild animal” must register such animal with the chief of police and comply with all applicable local regulations. (Code 1973, § 5-37; Code 1995, § 14-11)

Fairhope 5-1, 5-5: It is illegal to keep any “vicious or dangerous” animal (defined as animals “which by nature of being venomous, wild, aggressive or nondomesticated pose or may pose a threat to humans”) within the city limits.  (Ord. No. 988, 12-11-95)

Gadsden 10-221 et seq.: It is illegal to own, keep, or harbor any Great Ape within the city limits. The ban does not apply to certain zoos, educational or medical institutions, museums, circuses or other animal exhibits, veterinary hospitals, commercial establishments that display or sell the animals, and humane societies, subject to local permit requirements and regulations. (Ord. No. O-155-05, § 4, 11-15-2005)

Guntersville 4-84: It is illegal to keep any Great Ape within five thousand (5000) feet of any residence (other than the residence of the animal’s keeper), church, school, public building, park, playground, or café. (Ord. No. 707, § 4, 9-6-94)

Homewood 4-1, 4-10: It is illegal to import, receive, buy, own, possess, exhibit, control, harbor, sell, or offer for sale any Great Ape within the city limits. The ban does not apply to certain pet stores, subject to local regulations. Local authorities may approve the display of such animals for special civic and public events, not to exceed twenty-four (24) hours. (Ord. No. 2346, § 1, 3-31-2008)

Huntsville 5-1, 5-104: Any person wishing to possess a Great Ape within the city limits must register the animal with the animal control center and comply with local regulations. The registration requirement does not apply to certain pet shops, zoos, scientific research laboratories, circuses, veterinarians, or wildlife rehabilitators. (Ord. No. 95-693, § 5-47, 10-12-1995; Ord. No. 99-1036, § 4, 12-9-1999)

Madison 5-8: It is illegal to keep Great Apes within the city limits. (Ord. No. 2009-77, 4-27-09)

Mountain Brook 6-2: It is illegal to keep or harbor any “wild animal” within the city limits. (Code 1996, §§ 3-1.1, 3-1.2; Ord. No. 1032, §§ 1, 2, 12-10-1990; Ord. No. 1692, § 1, 11-28-2005)

Muscle Shoals 14-45: A local permit is required to keep any “wild, dangerous, or exotic animal within the city limits. (Ord. No. 1327-04, art. III, § 6, 5-3-04)

Saraland 6-16: It is illegal to harbor any “wild” or “dangerous” animal kept for display or exhibition purposes within any residential dwelling. (Ord. No. 701, 9-11-03)

Sylacauga 4-9: It is illegal to keep any Great Ape within three hundred (300) feet of any residence, church, school, public building, park, playground, or public thoroughfare. (Code 1971, § 4-19)

Trussville 10-52: It is illegal to harbor any Great Ape kept for display or exhibition purposes within any residential dwelling. (Ord. No. 98-013 ADM, § 2, 4-14-98; Ord. No. 2008-030-ADM, § 1, 12-23-08); 10-56: Any person wishing to possess an ape within the city limits must register the animal with the city and comply with local regulations. The registration requirement does not apply to certain pet shops, zoos, scientific research laboratories, circuses, veterinarians, or wildlife rehabilitators. (Ord. No. 98-013 ADM, § 6, 4-14-98)

Valley 10-45: It is illegal to own, buy, or sell Great Apes for use as pets. The ban does not apply to individuals that are “licensed and permitted by federal and state agencies to keep dangerous animals.” (Ord. No. 94-03, § 15, 2-14-1994)

Vestavia Hills 2265-2(e): It is illegal for “any owner or person in charge” to keep a Great Ape on his or her premises. The ban does not apply to certain pet shops, zoos, circuses, scientific research laboratories, veterinarians, or wildlife rehabilitators.

Weaver 8-122 et seq.: It is illegal to own or possess any Great Ape within the city limits. The ban does not apply to certain wildlife rehabilitators, veterinary clinics, and non-resident circuses or traveling fairs.