Attorney General Opinions
Relating to County Government

2006 Animal Control

Counties may require owners of cats and dogs to register or license their pets and collect fees for licensing and registration as long as the fees are dedicated for an animal control program. Action of the county legislative body is sufficient to enact the program under T.C.A. § 68-8-104; a private act is not necessary. There is no explicit authority for a county to charge a license or registration fee for boarding, breeding, or selling dogs and cats but it is arguable that T.C.A. §§ 5-1-118(c)(1) and 5-1-118 implicitly authorize the county to regulate such businesses and charge a reasonable regulatory fee. The county could impose a civil penalty of no more than $500 for violation of the county’s regulations under T.C.A. § 5-1-121. Opinion No. 06-161 (October 11, 2006).

Any local law enforcement agency may investigate animal abuse cases, which are misdemeanor offenses. These cases also may be investigated by incorporated humane societies, whose agents have arrest power as provided in T.C.A. § 39-14-210. Opinion No. 06-149 (October 2, 2006).