(A) (1) An animal shall not be tethered:
(a) By use of chains or tethers, restraints or implements directly to a dog without the proper use of a collar harness, or other device designed for that purpose and made from a material that prevents injury or choking to the animal;
(b) By use of a tether or any assembly or attachments thereto to tether a dog that shall weigh more than one-eighth of the animal's body weight, or due to weight, inhibit the free movement of the animal within the area tethered;
(c) By use of a choke chain or in such a manner as to cause injury, strangulation, or entanglement of the dog on fences, trees, or other human-made or natural obstacles;
(d) Whereby the animal is without access to shade when sunlight is likely to cause overheating, or appropriate shelter to provide insulation and protection against cold and dampness when the atmospheric temperature falls below 40°F;
(e) Whereby the animal's food and water supply are not secured so that they cannot be tipped over by the tether;
(f) In an open area where it can be teased by a person or in an open area that does not provide the dog protection from attack by other animals;
(g) In an area where bare earth is present and no steps have been taken to prevent the surface from becoming wet and muddy in the event of precipitation;
(h) Whereby the tether is too short for the animal to move around for the animal to urinate or defecate in a separate area from the area where it must eat, drink, or lie down; or
(i) Whereby the tethering causes injury, stress, or demonstrable socialization problems.
(2) Failure to provide relief to a dog in distress when exposed to any of the conditions listed in this section is proof that the dog was unlawfully tethered.
(B) An animal shall not be continuously tethered for more than one continuous hour, except that tethering of the same dog may resume after a hiatus of four continuous hours, for up to four hours total time on tether per 24-hour day.
(C) A female animal shall not be tethered in a manner that prevents her from defending herself or from avoiding a male and an animal that has not been spayed or neutered shall not be tethered for any period of time.
(D) An animal shall not be tethered between the hours of 10:00 p.m. to 8:00 a.m.
(E) An animal shall not be tethered upon or along any public right-of-way including a public park.
(F) Nothing in this section shall be construed to prohibit an owner or keeper from walking an animal with a hand held leash.
(Ord. 1280C, passed 10-10-2006) Penalty, see § 90.99