§ 94.12 TETHERING BAN.
   (A)   Tethering ban violation policy and procedure.
      (1)   Upon receiving a complaint regarding a dog that has been tethered, the town will report the complaint to Surry County Animal Control. The Animal Control Administrative Assistant will immediately check Animal Control records for an exemption on file or Shelter Pro for an exemption as documented by an Animal Control Officer (ACO).
      (2)   If no exemption is found, a Surry County ACO will report to the premises of the reported offense.
      (3)   At the residence, the ACO will speak with the owner of the tethered dog to see if the tethering falls into any of the acceptable exemption categories.
      (4)   If the dog does fall under an acceptable exemption category as listed in the ordinance and the tethering ban exemption policy, the ACO will assure all guidelines for tethering are being followed.
      (5)   If all guidelines are being followed and the dog is exempt under any reason, the ACO will document the complaint and outcome in Shelter Pro, including the reason for the exemption and description of the dog in question, and report this to the Elkin Police Department.
      (6)   If guidelines for tethering are not being followed appropriately, or the animal is tethered with no possible reason for exemption, the ACO will issue a verbal warning.
      (7)   An ACO will follow up on the situation within 48 business hours to assure all guidelines are being met or that the dog is no longer being tethered inappropriately.
      (8)   Should said dog still be tethered or tethered inappropriately, a fine of $100 payable to Surry County will be issued to the owner.
      (9)   If the dog is found to be tethered inappropriately again in the future, a criminal summons will be issued by an ACO.
   (B)   Tethering ban exemption policy and procedure.
      (1)   A person may tether or restrain a dog under one of the following exemption. Please note that exemptions can be revoked at any time should guidelines not be followed correctly.
         (a)   Usage of the dog in shepherding or herding livestock.
         (b)   Use of the dog in the business of cultivating agricultural products where the restraining is reasonably necessary for the safety of the dog.
         (c)   Use of the dog in lawful hunting activities.
         (d)   Use of the dog at a dog training or performance events.
         (e)   Camping or other recreation where tethering is required by the camping or recreational area where the dog is located.
         (f)   Any activity where a tethering dog is in visual range of its owner or keeper, and the owner or keeper is located outside with the dog.
         (g)   After taking possession of a dog that appears to be stray, having first advised Animal Control authorities of the capture of the dog, the dog may be tethered or restrained, not to exceed seven days.
         (h)   Walking on a handheld leash.
         (i)   In accordance with tethering restrictions in effect within any of the municipalities in Surry County. Tethering restrictions in effect within any of the municipalities in Surry County will take precedence over this section.
         (j)   Up to one year after this ordinance version goes into effect.
         (k)   Acceptance of Tethering Ban Exemption application by Surry County Animal Control, and strict adherence to Surry County Animal Control Ordinance, Article VII, Section 3c, outlines as follows:
            1.   No tethering a dog to a cable trolley system that allows movement of the restraining vehicle.
            2.   The length of the cable along which the tethering device can move must be at least ten feet.
            3.   The tethering device must be of such length that the dog is able to move 15 feet away from the cable perpendicularly.
            4.   The tethering device must be attached in such manner as to prevent strangulation or other injury to the dog and entanglement with objects.
            5.   Tethers must be made of rope, twine, cord, or similar material with a swivel on one end or must be made of a chain that is at least ten feet in length with swivels on both ends, and which does not exceed 10% of the dog’s body weight.
            6.   All collars or harnesses used for the purpose of tethering a dog must be made of nylon or leather; no choke type collars or pronged collars.
            7.   Must be tethered in such a manner as to allow the dog access to adequate food, water and shelter.
            8.   No tethering sick, diseased or injured dogs.
      (2)   Tethering ban exemption applications reviewed on a case by case basis.
      (3)   ACO must verify that above requirements are being met.
      (4)    Animals tethered legally must be given time off the restraint every day and receive daily socialization.
      (5)   In order to be eligible for the tethering ban exemption, the dog must have rabies vaccination up to date and be spayed or neutered. This will be verified by ACO.
      (6)   A separate application must be completed for each dog needing a tethering exemption. Should one of the dogs become deceased and a new dog is obtained, a new application must be submitted for a tethering ban exemption.
      (7)   Animal Control reserves the right to make revoke exemptions as deemed necessary.
   (C)   Employee non-compliance to these policies could result in a non-compliance notification and/or be subject to the disciplinary process.
(Ord. 2018-05-0006, eff. 5-14-2018)