§ 5-22. Chaining and tethering of dogs prohibited.

(a)

Definitions. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa. Words of one (1) gender include the correlative words of the other gender, unless the sense indicates otherwise. Additionally, the terms set forth below have the following meaning except where the context clearly otherwise requires:

Owner includes any owner, custodian, or other person in charge of a dog.

Chain or tether means to restrain a dog by tying the dog to any object or structure, including, without limitation, a house, tree, fence, post, garage, or shed, by any means, including, without limitation, a chain, rope, cord, leash, or running line. Chaining or tethering shall not include using a leash to walk a dog.

(b)

Prohibited conduct. It shall be unlawful for any person to tether a dog while outdoors, except when all of the following conditions are met:

(1)

The dog is in visual range of the responsible party, and the responsible party is located outside with the dog.

(2)

The tether is connected to the dog by a buckle-type collar or a body harness made of nylon or leather, not less than one (1) inch in width.

(3)

The tether has the following properties: it is at least five (5) times the length of the dog's body, as measured from the tip of the nose to the base of the tail; it terminates at both ends with a swivel; it does not weigh more than one-eighth ( 1/8 ) of the dog's weight; and it is free of tangles.

(4)

The dog is tethered in such a manner as to prevent injury, strangulation, or entanglement.

(5)

The dog is not outside during a period of extreme weather, including, without limitation, extreme heat or near-freezing temperatures, thunderstorms, tornadoes, tropical storms, or hurricanes.

(6)

The dog has access to water, shelter, and dry ground.

(7)

The dog is at least six (6) months of age. Puppies shall not be tethered.

(8)

The dog is not sick or injured.

(9)

Pulley, running line, or trolley systems are at least 15 feet in length and are less than seven (7) feet above the ground.

(10)

If there are multiple dogs, each dog is tethered separately.

(d)

This section does not apply to when the animal is left unaccompanied in a public location for a period not exceeding 15 minutes.

(e)

For a first-time violation, the City shall issue a warning notice to the responsible party and shall wait at least 30 days before taking any further enforcement action. Thereafter, each violation of this section shall be subject to enforcement in accordance with Chapter 10 of this Code.

(Ord. No. 2009-23, § 2, 11-10-2009)