(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
OWNER.
Any natural person, firm, association or corporation who owns, keeps, harbors, controls or is the responsible party for an animal. If the owner is a minor as defined by statute, the minor's parent(s) or legal guardian(s) shall be the owner for purposes of this section.
TETHERING.
The restraining of a dog by the tying to any object or structure, including, without limitation, a house, tree, fence, post, garage, weight or shed, by any means, including, without limitation, a chain, rope, cord, leash or running line, but shall not include the use of a leash used to walk the dog or to forms of restraint used in the transportation of a dog.
(B) It shall be unlawful for a dog's owner to tether a dog except when all of the following conditions are met:
(1) The dog is outside and in visual range of the owner, and the owner is located outdoors with the dog and within physical reach of the tether.
(2) The tether is connected to the dog by a properly fitted buckle-type collar or a body harness made of nylon or leather, not less than one inch width.
(3) That tether terminates at both ends with a swivel and is free of tangles.
(4) The tether has the following properties: it is at least five times the length of the dog's body, as measured from the tip of the nose to the base of the tail, but shall never be less than ten feet long.
(5) The tether does not weigh more than 1/8 of the dog's total body weight.
(6) Pulley, running line or trolley systems are at least 15 feet in length and are less than seven feet above the ground.
(7) The dog is tethered in such a manner as to prevent injury, strangulation or entanglement.
(8) The dog is not outside during a period of extreme weather, including, without limitation, extreme heat or near freezing temperatures, thunderstorms, lightning, tornadoes, tropical storms or hurricanes.
(9) The dog has access to clean drinking water, shade, dry ground, and, if inclement weather conditions exist, shelter.
(10) The dog is not sick or injured.
(11) If there are multiple dogs, each dog is tethered separately and in such a manner that the tethers shall not become entangled with each other.
(12) The dog is at least six months of age. Puppies shall not be tethered.
(C) Nothing in this section shall be construed to prohibit the arrest and criminal prosecution of an owner for acts of animal cruelty within the scope of and punishable by the provisions of F.S. Chapter 828.
(Ord. 1667, passed 8-4-10) Penalty, see § 91.99