Help an Animal // Current Legislation on Tethering Dogs

Chaining Is Prohibited in the Following Communities

Fairhope, Alabama
May 12, 2003

It shall be an unlawful act if any person violates any provision of this ordinance and it shall constitute a Class 4 misdemeanor.

Chaining or tethering dogs is prohibited. Attaching dogs to a running line or trolley is permitted, provided that the line is at least 10 feet long. Enclosures must provide a minimum of 150 square feet for dogs over 6 months of age.
Ordinance No. 1169
AN ORDINANCE TO PROHIBIT THE CHAINING
OR TETHERING OF DOGS AND MANDATING THAT DOG
ENCLOSURES MUST PROVIDE 150 SQUARE FEET OF SPACE
FOR DOGS OVER SIX MONTHS OF AGE
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS:
Section 1. Any person owning and/or controlling dogs whether vaccinated or unvaccinated, licensed or unlicensed, shall not allow said animal to be tied or chained to dog houses, or other stationary objects.

Section 2. No person shall, at any time, fasten, chain, or tie any dog or cause such dog to be fastened, chained or tied while such dog is on the dog owner’s property or on the property of the dog owner’s landlord, or on any property within the corporate limits of the City of Fairhope.

Section 3. Any dogs confined within a fenced yard must have an adequate space for exercise based on a dimension of at least 150 square feet per dog. Provided, further that where dogs are kept or housed on property without a fenced yard, the owner of such dogs or persons have custody of such dogs shall provide an enclosure for such dogs meeting the 150 square foot per dog dimension. Such enclosure shall be constructed of chain link or similar type materials with all four sides enclosed. The enclosure shall be sufficient height to prevent the dog from escaping from such enclosure, and shall meet the requirements of the Alabama animal rights protection act 13A-11-241.

Section 4. Nothing in this ordinance shall be construed to prohibit owners or others walking dogs with a hand held leash.

Section 5. Nothing in this ordinance shall be construed to prohibit owners from allowing dogs to be attached to over head runs (i.e. leash or chain attached to an over head wire at least 10 feet long, that allows the dog to move unheeded.)

Fayetteville, Arkansas
October 16, 2007

This ordinance prohibits dogs from being chained to a fixed point. Under this ordinance, dogs are allowed to be confined by a trolley system, provided the owner is on the premises.

Chapter 92.02 (F)

No dog shall be chained or staked to a fixed point. Dogs shall be kept in an enclosure or by trolley system, so placed that the animal may not intrude on other property, whether public or private, and provide adequate room for normal postural adjustments, exercise, and access to water, food, and shelter. The area where any animal is confined must provide proper and adequate drainage. The owner or harborer of the animal shall be on the premises when the animal is confined to the trolley system.

Little Rock, Arkansas
October 7, 2003

Tethering dogs to any stationary object or point is prohibited.

Section 6-16:

Direct point chaining, or tethering of dogs to a stationary object, is prohibited.

Maumelle, Arkansas
June 6, 2005

This ordinance prohibits the chaining/tethering of unattended dogs.

Sec. 10-90. Confinement of animals.
(a) Any person owning animals, whether vaccinated or unvaccinated, licensed or unlicensed, shall confine such animal within an adequate fence or enclosure, or within a house, garage or other building. Animals shall not be tied or chained to doghouses or other stationary objects but must be in an approved enclosure.
(b) Any "electric" or "underground invisible" enclosure or fence must be clearly marked and identified as the same by appropriate signage. The signage must sufficiently warn persons lawfully entering upon a property as to the presence of the enclosure and the possible presence of an animal therein. Size or placement of the signage must be such that persons are provided reasonable notice prior to coming into the area of the electric or underground invisible fence.
(Ord. No. 314, § 1(3-6), 4-6-1998; Ord. No. 560, § 1, 6-6-2005)

Sec. 10-92. Dog pens.
Outdoor dog pens shall be located 50 feet from any dwelling other than the person's owning or controlling the dog. There shall be at least 150 square feet in such pen for each dog over six months of age kept in the pen.
(Ord. No. 314, § 1(3-7), 4-6-1998)

Sec. 10-93. Sanitary conditions of pens, premises and others property.
It shall be unlawful for any person to allow an animal within the person's control to defecate on public or on the private property of another person unless the person having control of the offending animal immediately removes and disposes of the animal's feces in an appropriate manner pursuant to state or local provision for the disposal of solid waste.
It shall be unlawful for any person keeping or harboring animals to fail to keep the premises where such animals are kept free from offensive odors to the extent that such odors are disturbing to any person residing within reasonable proximity of the premises. It shall be unlawful to allow premises where animals are kept to become unclean and a threat to the public health by failing diligently and systematically to remove all animal waste from the premises. It shall be unlawful to allow animals on premises where animals are kept to become infested with ticks, fleas, or other vermin by failing to diligently and systematically apply accepted methods of insect and parasite control.
(Ord. No. 314, § 1(3-8), 4-6-1998; Ord. No. 521, § 2, 9-7-2004)

Miami, Florida
May 8, 2008

This ordinance prohibits the chaining/tethering of unattended dogs. When tethered, the responsible party must be outside with the dog. The tether must be five times the length of the dog, be connected to a buckle collar or harness, be on a swivel, and weigh no more than one eighth the dog’s weight. Pulley/trolley systems must be at least 15 feet in length.

Sec. 6-41. Cruelty to dogs; penalties.

(a) It shall be unlawful for any person keeping, harboring or owning a dog to be cruel and inhumane to the animal. "Cruelty" and "inhumanness" shall include all provisions as set forth in F.S. Ch. 828, and all amendments thereto, including unnecessarily beating or torturing or mutilating or cruelly killing or failing or neglecting to provide suitable food or drink in sufficient quantities, together with adequate shelter for such dog.

(b) Tethering means to restrain a dog by tying the dog to any object or structure, including, but not limited to a house, tree, fence, post, garage, or shed, by any means, including, but not limited to a chain, rope, cord, leash or running line. This shall not include using a leash for walking purposes.

(c) It shall be unlawful for a responsible party to tether a dog while outdoors, except when all of the following conditions are met:

1. The dog is visible to the responsible party at all times and the responsible party is outside with the dog;
2. The tether is connected to the dog with 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:
a. it must be 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;and
b. it terminates at both ends with a swivel; and
c. it does not weigh more than one eighth (1/8) of the dog's weight; and
d. it is free of tangles.
4. The dog is tethered so as to prevent injury, strangulation, or entanglement.
5. The dog is not outside during extreme weather, including, but not limited to, 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 a least six (6) months of age.
8. The dog is not sick or injured.
9. Pulley, running line or trolley systems are at least fifteen (15) feet in length and are less than seven (7) feet above ground.
10. If there are multiple dogs, each dog is tethered separately.

Okaloosa County, Florida
November 11, 1992

Tethering dogs and cats is prohibited

Sec. 5-28. Restraint and confinement to property. (d) Dogs or cats shall not be chained, tied, fastened or otherwise tethered to dog houses, trees, fences or other stationary objects as a means of confinement to property.

Athens-Clarke County, Georgia
November 7, 2007

This ordinance prohibits the chaining/tethering of dogs to stationary objects.

AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO ANIMAL CONTROL - KEEPING DOMESTIC ANIMAL UNDER CONTROL –CONTROL AND REMOVAL OF ANIMAL WASTES; AND FOR OTHER PURPOSES.

The Commission of Athens-Clarke County, Georgia hereby ordains as follows:
SECTION 1. Section 4-1-2, entitled “Keeping Domestic Animal under Control,” of the Code of Athens-Clarke County is hereby amended by deleting said section in its entirety and substituting the following in lieu thereof:
“Sec. 4-1-2. Keeping domestic animal under control.
(a) It shall be unlawful for any owner of a domestic animal not to control the animal at all times through one of the following means:
(1) On a leash when off the property of the owner;
(2) Within the passenger area of a vehicle driven or parked on the streets;
(3) Within the property limits of its owner and attended by its owner; or
(4) Confined within the property limits of its owner or of another with the permission of the person in control of the property.
Confined means in a building, pen or fenced area or other structure built to prevent intrusion or escape by any dog.
(b) It shall be unlawful for any owner of a domestic animal to chain, tie, fasten or otherwise tether the animal to dog houses, trees, fences, vehicles or other stationary objects as a means of
confinement except that the animal may be temporarily confined by a tether while attended by its owner.”
SECTION 2. Chapter 4-1, entitled “Animal Control,” of the Code of Athens-Clarke County is hereby amended by adding a new Section 4-1-3 thereto as follows:
“Sec. 4-1-3. Specific requirements for confinement. It shall be an offense for any owner of a domestic animal not to satisfy the following requirements:
(a) Any tether used to temporarily confine an animal while attended by its owner must be attached to a collar or harness and shall not be wrapped directly around the animal’s neck. Such tethers shall not be excessively heavy or weighted so as to inhibit the animal’s movement.
(b) All domestic animals shall be provided with sanitary shelter from the elements. Said shelter shall be designed, constructed and maintained to protect the animal from rain,
snow, ice, excessive cold, excessive heat and excessive direct sunlight, and of a size to allow the animal sufficient space to stand, turn around, and lie down, and make all other normal body movements in a normal and comfortable position appropriate to the age, size, and health of the animal. Examples of inadequate shelter include, but are not limited to, lean-tos, metal or plastic drums, boxes, vehicles, or the area on or beneath exposed porches or decks. Nothing in this subsection shall be construed to prevent the transportation and temporary confinement of a domestic animal within the passenger area of a vehicle provided that the animal is provided adequate ventilation and temperature control in order to protect the animal from excessive heat or cold.
(c) All domestic animals shall be provided with clean, potable water at all times.
(d) An owner must promptly remove and dispose of animal excrement and food wastes and debris so as to minimize vermin infestation, contamination, odors, and disease hazards.
(e) All domestic animals shall be provided with a safe and sanitary confinement area constructed to confine the animal, to protect the animal from injury, and of a sufficient space to allow for adequate exercise suitable to the age, size, species, and breed of animal. The area shall have a means to rapidly eliminate excess water and minimize mud.”
SECTION 3. Section 4-1-4, entitled “Prohibitions for Domestic Animals,” paragraph (d) is hereby amended by deleting said paragraph (d) in its entirety and reserving said paragraph.
SECTION 4. Section 4-1-6, entitled “Removal of Animal Wastes,” of the Code of Athens-Clarke County is hereby amended by deleting said section in its entirety and substituting the following in lieu thereof:
“Sec. 4-1-6. Control and removal of animal wastes.
(a) It shall be unlawful for the owner of any animal to refuse or fail to immediately remove any feces deposited by such animal upon public sidewalks, public streets, public parks or other public property in Athens-Clarke County, or upon any private property within Athens-Clarke County not under the exclusive use and control of said owner or keeper.
(b) It shall be unlawful for the owner of any animal to permit such animal to defecate or urinate upon any private property except that upon which he or she resides or owns unless he or she has the permission of the owner of such other private property.”
SECTION 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed.

Chatham County, Georgia
August 12, 2005

This ordinance prohibits the tethering of dogs and cats to any object, stationary or otherwise, in unincorporated areas of the county.

§ 22-139 Tethering.

It shall be prohibited in unincorporated Chatham County to retain or confine to property of dogs or cats in a manner achieved by stationary or non-stationary dog houses, barrels or other stationary object as such means of confinement within the property.

DeKalb County, Georgia
July 12, 2005

This ordinance prohibits the tethering of dogs to stationary objects. Dogs may be restrained by a running cable or trolley system for a limited amount of time, provided that the system meets certain conditions.

Sec. 5-1. Definitions.

Tethered means an animal attached to a stationary object by a chain, cable or similar device commonly used for the size and type of animal involved. An animal is not considered tethered when the animal is attached to a stationary object, as long as the owner or custodian is physically within reach of the animal. Any tethering device used to tether an animal must be at least 10 feet in length.

Sec. 5-3. Keeping animal under restraint while on owner's property.

(d) Tethering of an animal is prohibited.

(e) As a secondary means of restraint to a proper enclosure, an animal may be attached to a running cable line or trolley system providing that:

(1) A running cable line or trolley system is set inside a proper enclosure;

(2) Only one animal may be attached to each running cable line or trolley system;

(3) No animal may be attached to a running cable line or trolley system for more than twelve (12) hours in a twenty-four hour period;

(4) No animal may be attached to a running cable line or trolley system between the hours of 10:00 p.m. and 6:00 a.m.;

(5) Tethers and cables attaching the animal to the running cable line or trolley system must be made of a substance which cannot be chewed by the animal and shall not weigh more than five percent (5%) of the body weight of the animal tethered;

(6) A running cable line or trolley system must have a swivel installed at each end and be attached to a stationary object that cannot be moved by the animal;

(7) The running cable line or trolley system must be at least ten (10) feet in length and mounted at least four (4) feet and no more than seven (7) feet above ground level;

(8) The length of the tether from the running cable line or trolley system to the animal's collar should allow access to the maximum available exercise area and allow the animal free access to food, water, and shelter;

(9) Be attached to a properly fitted harness or collar not used for the display of a current rabies tag and other identification; and with enough room between the collar and the dog's throat through which two (2) fingers may fit. Choke collars and pinch collars are prohibited for the purpose of tethering an animal to a running cable line or trolley system; and

(10) Be tethered at sufficient distance from any other objects to prohibit the tangling of the cable, from extending over an object or an edge that could result in injury of strangulation of the animal and be of sufficient distance from any fence so as to prohibit the animal access to the fence.

Carthage, Missouri
December 8, 1992

Tethering dogs is prohibited.

Sec 4-7 (a) All dogs must be confined within a fenced area, unless on a leash not longer than six feet long. At no time may any dog be tied to or leashed to inanimate objects i.e. trees, posts, etc. (b) Persons found guilty of violating this section will be liable to fines ranging from: $25.00 - $200.00. However, if said dog has been spayed or neutered the fines may be reduced, upon provided proof.

New Hanover, North Carolina
1978

Chaining or tethering dogs is prohibited. A chain or rope is not to be used in place of a leash when walking dogs.

Sec. 3.4 (d) Restraint: An animal is under restraint within the meaning of this chapter if it is controlled by means of a leash, or is sufficiently near the owner or handler to be under his direct control and is obedient to that person’s command; or is on or within a vehicle being driven or parked; or is within a secure enclosure. Exceptions to restraint are as follows: Organized and lawful animal functions e.g. hunting, obedience training, field and water training, law enforcement training and/or in the pursuit of working or competing in those legal endeavors. When a dog is on the property of its owner of guardian it shall be secured when not supervised by a competent person. Ropes, chains, and the like shall not constitute adequate security under this ordinance.

Roanoke Rapids, North Carolina
June 13, 2006

This ordinance prohibits the tethering of dogs.

Section 91.22. Prohibition Against Tethering of Dogs.

A. It shall be unlawful to tether an unattended dog outside of the house.

Lawton, Oklahoma

This ordinance specifies that a dog may not be chained in his or her own yard.

A. No person shall, at any time, fasten, chain, or tie any dog or cause such dog to be fastened, chained or tied while such dog is on the dog owner’s property or on the property of the dog owner’s landlord.
B. Any dogs confined within a fenced yard must have an adequate space for exercise based on a dimension of at least one hundred square feet. Provided, further that where dogs are kept or housed on property without a fenced yard, the owner of such dogs or persons having custody of such dogs shall provide an enclosure for such dogs meeting the one hundred square feet dimension. Such enclosure shall be constructed of chain link or similar type materials with all four sides enclosed. The enclosure shall be of sufficient height to prevent the dog from escaping from such enclosure. The top of such enclosure shall be covered with materials to provide the dog with shade and protection from the elements. (Ord. 90-18, 6/26/01)

Austin–Travis County, Texas
Approved by the Austin City Council: June 7, 2007
Ordinance Effective Date: October 1, 2007

This ordinance prohibits the chaining/tethering of unattended dogs.

ORDINANCE NO. ____________________

AN ORDINANCE AMENDING TITLE 3 OF THE CITY CODE RELATING TO THE RESTRAINT OF AND ENCLOSURES FOR DOGS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN:

PART 3. Section 3-4-2 (Restraint Requirements for Dogs on Private Property) of the City Code is amended to read:

§ 3-4-2 RESTRAINT REQUIREMENTS FOR DOGS ON PRIVATE PROPERTY.

(A) Except as provided in Subsection (B), a person may not restrain a dog with a chain or tether unless the person is holding the chain or tether.
(B) The prohibition of Subsection (A) does not apply to a temporary restraint:
(1) during a lawful animal event, veterinary treatment, grooming, training, or law enforcement activity; or
(2) that is required to protect the safety or welfare of a person or the dog, if the dog's owner or handler remains with the dog throughout the period of restraint.
(C) A person restraining a dog with a chain or tether shall attach the chain or tether to a properly fitting collar or harness worn by the dog. A person may not wrap a chain or tether directly around a dog’s neck. A person may not restrain a dog with a chain or tether that weighs more than 1/18 of the dog’s body weight. A chain or tether used to restrain a dog must, by design and placement, be unlikely to become entangled.
(D) A person may not restrain a dog in a manner that does not allow the dog to have access to necessary shelter and water.
(E) A person may not restrain a dog in a manner that allows the dog to move outside the person’s property.
(F) A person may not keep six or more dogs, other than puppies less than six months old, unless the dogs are kept in an enclosure that meets the requirements prescribed by Section 3-2-13 (Enclosure for Dogs).

Big Spring, Texas
July 13, 2004

This ordinance prohibits dogs from being chained or tethered to any inanimate object. Dogs may only be kept on a tether held in the guardian’s hand, such as a leash.

Section 3-40 (b): It shall be unlawful for the owner, caregiver, or keeper of any dog to restrain or anchor a dog by means of a tether, chain, cable, rope, or cord, unless the tether or other restraint is being personally held by the owner, caregiver, or keeper of the dog. No dog may be attached to any inanimate object.

Electra, Texas
June 11, 1996

Tethering is prohibited, but dogs may be controlled by the hand-held use of a rope, leash, or chain.

Ordinance 96-9, Section 111, Restraint: A. 2. Dogs To Be Restrained—dogs shall not be allowed to run at large. All dogs must be restrained by some physical means; however, a dog shall not be considered at large when held or controlled by some person by means of a rope, leash, or chain. Dogs may not be tethered and the tethering of any dog shall be a violation of this chapter.
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Fort Worth, Texas
January 22, 2008

This ordinance prohibits the chaining/tethering of unattended dogs. An offense under this Section is a Class C misdemeanor and subject to a fine of up to $2,000.
Section 6-13 (d). It shall be unlawful for a person to use a chain, rope, tether, leash, cable, or other device to attach a dog to a stationary object or trolley system.

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Irving, Texas
November 1, 2007

This ordinance prohibits the chaining/tethering of unattended dogs, with some exemptions.

ORDINANCE NO. ________

AN ORDINANCE AMENDING CHAPTER 6 ENTITLED “ANIMAL SERVICES” OF THE CODE OF CIVIL AND CRIMINAL ORDINANCES OF THE CITY OF IRVING, TEXAS, BY ADDING DEFINITIONS; PROHIBITING THE UNATTENDED TETHERING OF DOGS; PROVIDING FOR AFFIRMATIVE DEFENSES; PROVIDING FOR EXCEPTIONS; PROVIDING SPECIFICATIONS FOR RESTRAINTS; PROVIDING A PENALTY FOR VIOLATION; AND PROVIDING A SEVERABILITY CLAUSE.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:

SECTION 1. That Section 6-1 “Definitions.” of Chapter 6 of The Code of Civil and Criminal Ordinances of the City of Irving, Texas, is hereby amended by adding the following definitions:

Direct Physical Control means outside with the dog and near enough to the dog to exercise physical control over the dog in the event it should become necessary to do so to protect the dog, a human or another animal from harm.

Restraint used with respect to a dog, means kept under the direct physical control of the animal’s owner, by a leash, cord, chain, or similar physical attachment.

SECTION 2. That Chapter 6 of The Code of Civil and Criminal Ordinances of the City of Irving, Texas, is hereby amended by deleting Section 6-4(b) and adding a new Section 6-___, which shall read as follows:

Sec. 6- _____. Restraint Requirements for Dogs.

(a) General Prohibition on Tethering. It is unlawful for a person to restrain a dog with a chain or tether unless the person is holding the chain or tether.

(b) Affirmative Defenses. It is an affirmative defense to a violation of subsection (a) that the restraint:

(1) that is required to protect the safety or welfare of a person or the dog, if the dog's owner remains with the dog throughout the period of restraint;

(2) that occurs on the owner’s premises and:

a. while the dog is within the owner’s direct physical control; and

b. prevents the dog from being within fifteen (15) feet from the edge of any public street or sidewalk.

(c) Exceptions. The prohibition of Subsection (a) does not apply to a temporary restraint:

(1) during a lawful animal event, veterinary treatment, grooming, training, or law enforcement activity;

(2) occurs in the presence of the owner in a designated city dog park;
(c) Restraint Specifications. The affirmative defenses provided in subsection (a) and exceptions in subsection (b) do not apply unless the chain, leash, cord or tether used meets the following specifications:

(1) The chain, leash, cord or tether is not placed directly around the dog’s neck and is attached to a properly fitting collar or harness worn by the dog;

(2) The chain, leash, cord or tether does not exceed more than 1/10th of the dog’s body weight;

(3)The chain, leash, cord or tether, by design and placement, is unlikely to become entangled; and

(4) The dog is restrained in a manner that permits access to necessary shelter and water.

(d) Violation. A person commits an offense if the person knowingly violates this section.

(1) Offense. An offense under this subsection is a Class C misdemeanor. If a person fails to comply with this section with respect to more than one dog, the person's conduct with respect to each dog constitutes a separate offense.

(2) Penalty. The penalty for violation of this section shall be under Section 6-54 of the Code of Civil and Criminal Ordinances of the City of Irving, Texas, and shall be between one dollar ($1.00) and two thousand dollars ($2,000.00) for each offense, for each violation, for each separate day, for each dog.

(e) Hand-held leashes. This section does not prohibit a person from walking a dog with a hand-held leash.
SECTION 3. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of any section, subsection, sentence, clause, or phrase of this ordinance should be declared to be invalid, the same shall not affect the validity of any other section, subsection, sentence, clause, or phrase of this ordinance.
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