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(a) No person shall tether an animal in any of the following circumstances:
(1) For more than six (6) hours total in a twenty-four (24) hour period and not more than two (2) consecutive hours with no less than a one (1) hour period between tetherings;
(2) Between the hours of 10:00 p.m. and 6:00 a.m.;
(3) If a heat or cold advisory has been issued by a local or state authority or the National Weather Service;
(4) If a severe weather warning has been issued by a local or state authority or the National Weather Service;
(5) If the tether is less than twenty (20) feet in length;
(6) If the tether allows the animal to touch the fence or cross the property line or cross onto public property;
(7) If the tether is attached by means of a pinch-type, prong-type, or choke-type collar or if the collar is unsafe or is not properly fitted;
(8) If the tether may cause injury or entanglement;
(9) If the animal is not provided with its needs as identified in division (b) of Section 603.091;
(10) If the tether is made of a material that is unsuitable for the animal's size and weight or that causes any unnecessary discomfort to the animal;
(11) If no owner or occupant is present at the premises.
(b) As used in this section, "tether" means a rope, chain, cord, dog run or pulley, or similar restraint for holding an animal in place, allowing a radius in which it can move about.
(c) Whoever violates this section is guilty of a minor misdemeanor on the first offense, a misdemeanor of the fourth degree on the second offense, and a misdemeanor of the first degree on the third or any subsequent offense. Notwithstanding the foregoing penalties, if an animal becomes sick or injured as a result of a violation of this section, then whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. No. 12-12. Passed 5-21-12, eff. 5-25-12)