(a) For purposes of this section, "companion animal" means any animal that is kept inside a residential dwelling and any dog or cat regardless of where it is kept, including a pet store as defined in Ohio R.C. 956.01. "Companion animal" does not include livestock or any wild animal.
(b) "Tether" means a rope, chain, cord or pulley, or similar restraint for holding an animal in place, allowing a radius in which it can move about.
(c) Tethering a companion animal in any and/or all of the following circumstances is strictly prohibited:
(1) For a total of more than ten hours within a 24 hour period;
(2) Between the hours of 10:00 p.m. and 6:00 a.m. for a time period in excess of ten minutes, if the companion animal is unaccompanied by its owner;
(3) In the event that a heat or cold advisory or a severe weather warning has been issued by the National Weather Service for the City of Elyria or area including same;
(4) If the tether is less than five times the companion animal's length. No tether shall be shorter than 15 feet in length, regardless of the companion animal's length;
(5) If the tether allows the companion animal to move beyond its owner's property line or traverse residential boundary lines, public property, or right-of-way, including, but not limited to, the sidewalk;
(6) If the tether is attached by means of a pinch, prong or choke-type collar, or if the collar, harness, or attachment is otherwise unsafe, improperly fitted or otherwise poses risk of injury or entanglement of the companion animal;
(7) If the companion animal is not provided with a sanitary environment, free from an accumulation of animal waste and in accordance with all provisions of this chapter, including but not limited to sufficient quantities of suitable food, potable water and appropriate shelter from the elements;
(8) If the tether is constructed of a material that is unsuitable for the companion animal's size and/or weight or that causes any unnecessary discomfort to the animal;
(9) If the tether is a tow chain, log chain or similar apparatus;
(10) If the companion animal is not tethered with a lead that exceeds one-eighth of the companion animal's body weight.
(d) A violation of this section shall result in a minor misdemeanor for 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.
(e) Notwithstanding the foregoing penalties, if a companion animal is injured as a result of a violation of this section, said violation shall be a misdemeanor of the first degree.
(Ord. 2016-101. Passed 8-1-16.)