(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY. The City of Nitro, West Virginia.
COLLAR. Any collar constructed of nylon, leather or similar material, specifically designed to be used for a dog.
OWNER. A person who owns or has custody or control of a dog.
PROPERLY FITTED. With respect to a collar, a collar that measures the circumference of a dog’s neck plus at least one inch.
RESTRAINT. A chain, rope, tether, leash, cable or other device that attaches a dog to a stationary object or trolley system.
(B) Unlawful restraint of dog.
(1) An owner of any dog or dogs maintained within the city may not leave that dog or dogs outside and unattended by use of a restraint that unreasonably limits the dog’s movement for a period of time longer than three hours in any 24-hour time frame.
(2) All dogs shall be provided and enclosed shelter during extreme weather conditions, including conditions in which:
(a) The actual or effective outdoor temperature is below 32°F;
(b) The actual or effective outdoor temperature is above 90°F; or
(c) A thunderstorm or tornado warning has been issued for the jurisdiction by the National Weather Service.
(C) Movement too limited. In this section, a restraint unreasonably limits a dog’s movement if the restraint:
(1) Uses a collar that is pinch-type, prong-type or choke-type or that is not properly fitted to the dog;
(2) Is a length shorter than the greater of:
(a) Five times the length of the dog, as measured from the tip of the dog’s nose to the base of the dog’s tail; or
(b) Ten feet.
(3) Is in an unsafe condition; or
(4) Causes injury to the dog.
(D) Exceptions. Division (B) above does not apply to:
(1) A dog restrained to a running line, pulley or trolley system and that is not restrained to the running line, pulley or trolley system by means of a pinch-type, prong-type, choke-type or improperly fitted collar;
(2) A dog restrained in compliance with the requirements of a camping or recreational area as defined by a federal, state or local authority or jurisdiction;
(3) A dog restrained for a reasonable period, not to exceed three hours in a 24-hour period, and no longer than is necessary for the owner to complete a temporary task that requires the dog to be restrained;
(4) A dog restrained while the owner is engaged in, or actively training for, an activity that is conducted pursuant to a valid license issued by this state if the activity for which the license is issued is associated with the use or presence of a dog; or
(5) A dog restrained while the owner is engaged in conduct directly related to the business of cultivating agricultural products, if the restraint is reasonably necessary for the safety of the dog.
(Ord. 08-, passed - -) Penalty, see § 90.99