(a) As used in this Section:
(1) "Body harness" means a device consisting of straps made of nylon, leather or other pliable material fitted to the body of a dog and used to affix a restraint of the animal.
(2) "Collar" means a device consisting of straps made of nylon, leather or other pliable material secured around the neck of a dog that is properly fitted and has enough room between the collar and the dog's throat through which two adult fingers may fit. Choke collars and pinch collars are prohibited for purposes of tethering a dog.
(3) "Properly fitted" means worn without causing discomfort, pain or injury.
(4) "Tether" means, when used as a noun, any device, including but not limited to a chain, leash, cable or tie out attached to a stationary point or object, trolley or run used to contain or restrain a dog. When used as a verb, tether shall mean to attach a dog to such a device.
(b) Nothing in this section shall prohibit the tethering of a dog that is in the immediate proximity of its owner or custodian except under all of the following conditions:
(1) The owner or custodian is present on the property;
(2) Such tethering does not exceed sixty (60) continuous minutes;
(3) The dog is six months of age or older;
(4) If female, the dog is sterilized;
(5) The tether does not exceed ten percent of the dog’s body weight;
(6) The tether is at least three times the length of the dog from the tip of its nose to the base of its tail;
(7) The tether allows the dog to easily stand, sit, lie, turn around, and make all other normal body movements in a comfortable normal position;
(8) The tether allows the dog to interact safely with other animals;
(9) The tether is appropriate for the age and size of the dog and attached to the dog by a properly fitted collar or body harness configured to prevent the dog or tether from becoming entangled with other objects or animals or from extending over an object or edge that could result in the strangulation or injury of the dog;
(10) Only one dog is attached to a single tether;
(11) The dog is not tethered in such a manner to permit the dog to cross and enter upon another’s property, except that the same shall not be unlawful if the affected owner or person having lawful possession thereof provides consent; and
(12) Adequate water is provided to the dog.
(d) Whoever violates or fails to comply with any provisions of this section is guilty of a minor misdemeanor on the first offense and a misdemeanor of the fourth degree on each subsequent offense occurring within 12 months from the previous offense and shall be subject to the penalty provided in Section 698.02.
(Ord. 10-17. Passed 2-27-17.)