(a) For purposes of this section, “tether” means any rope, string, cord, chain, ribbon, webbing, cable or other material used to secure a dog or other animal to a stake, a structure or any other object for the purpose of restraining the dog or other domestic animal’s freedom of movement. “Tethering” or “to tether” shall mean the act of securing a dog or other domestic animal by the use of a tether.
(b) No person shall knowingly do any of the following:
(1) Tether a dog or other domestic animal by means of a tether that is less than 15 feet in length.
(2) Tether a dog or other domestic animal in such a fashion that it can reach a fence or cross the property line onto any adjoining public or private property.
(3) Tether a dog or other domestic animal using a pinch-type or choke type collar, or a collar which is not properly fitted.
(4) Tether a dog or other domestic animal for more than two (2) consecutive hours without removing the animal from the tether for a period of at least one (1) hour between tetherings.
(5) Tether a dog or other domestic animal for a period of time exceeding one (1) hour in such a fashion that it does not have access to a supply of wholesome food and fresh water, or to shelter from the sun if appropriate for the season and time of day.
(6) Tether a dog or other domestic animal during a weather advisory issued by the National Weather Service.
(c) Whoever violates any provision of subsection (b) hereof is guilty of a minor misdemeanor on a first offense, and of a fourth degree misdemeanor on a second or subsequent offense committed within a year of conviction of a prior violation. If injury to, or dangerous entanglement of, the animal being tethered results, any violation of subsection (b) hereof is a misdemeanor of the third degree.
(d) Upon a conviction of a second or subsequent offense for a violation of this section committed within a year of a conviction of a prior violation, in addition to all other penalties the Court shall order a civil forfeiture of one hundred dollars ($100.00) to be paid by the offender to the City of Ashtabula to defray the costs of animal control and animal code enforcement. If not paid within 90 days, execution may issue upon said order of forfeiture as upon any other judgment. (Ord. 2012-183. Passed 11-19-12.)