§ 4-41. Prohibition of tethering dogs.

(a)

It is a violation of this section for any owner to tether a dog or to confine a dog on a tether, except when:

(1)

The dog is in visual range of the owner who must also be physically present with the dog and attending to it while it is tethered; and

i.

The tether is connected to the dog by a commercially available buckle-type collar or a body harness made of nylon or leather that is of sufficient size to adequately and safely restrain the dog; and

ii.

The tether is of a size and weight that is reasonably necessary to safely restrain the dog without placing excessive strain or weight on the dog; and

iii.

The dog is not tethered outside in periods of extreme weather, including but not limited to extreme heat or cold, thunderstorms, lightning, tornadoes, tropical storms or hurricanes.

(2)

A dog is tethered in a manner and under conditions that do not jeopardize its health, safety or well-being and the dog is:

i.

In attendance at, or participating in, any legal, organized publicly attended event in which both dog and owner are permitted attendees or participants; or

ii.

Actively engaged in conduct that is directly related to the business of shepherding or herding cattle or livestock or related to the business of cultivating agricultural products, as long as the restraint is reasonably necessary for the safety of the dog; or

iii.

Tethered, chained, tied, or restrained by a veterinarian or groomer while attending to the dog; or

iv.

Trained or being trained, to act in a law enforcement capacity; or

v.

Being lawfully used to actively hunt a species of wildlife in this state, during the hunting season, for that species of wildlife; or

vi.

Tethered temporarily while being kept in a bonafide humane shelter or at a commercial boarding facility; or

vii.

Tethered in accordance with the regulations of a camping or recreational area; or

viii.

Being cared for as part of a rescue operation during a natural or man-made disaster; or

ix.

Being transported inside a vehicle.

(3)

Notwithstanding the exceptions provided above, a dog that is sick or injured cannot be tethered as a means of confinement by the owner nor may a puppy under the age of six (6) months be tethered at any time unless the owner is present and attending to the puppy during the entire time the puppy is tethered.

(b)

Any animal being transported in the open bed of a truck shall be confined inside a crate or cage, or must be restrained by a tether attached to the truck so as to prevent the animal from falling, jumping or being thrown while the truck is in motion. It is a violation for an owner or the driver of the vehicle to fail or refuse to confine and restrain the animals as required by this section.

(c)

The recommended penalty for a violation of this section is a fine of one hundred and fifty dollars ($150.00) for the first offense and five hundred dollars ($500.00) for any repeat violation within five (5) years of a previous offense.

(Ord. No. 2012-26, § 3, 4-10-12; Ord. No. 2017-16, § 2, 4-4-17; Ord. No. 2018-22, § 2, 5-8-18)

Editor's note

It should be noted that § 7 of Ord. No. 2012-26 provides, "This Ordinances shall become effective as provided for by law. The fines provided for in this ordinance shall not become effective or be imposed until November 1, 2012."