(A) Notwithstanding any provision of this chapter to the contrary, it shall be unlawful for any person to tether any animal to a fixed object, except upon the satisfaction of each of the following conditions:
(1) A tethered dog must have access at all times to water, adequate shelter, and dry ground;
(2) The chain, rope, leash, run line, or other device used to tether the animal shall be placed or attached so as to prevent the animal from becoming entangled with a structure, tree, plant, shrubbery, another animal or any other object;
(3) The chain, rope, leash, run line, or other device used to tether the animal shall be of sufficient length, in proportion to the size of the animal, but no less than ten feet long, to allow the animal to obtain proper exercise, convenient access to food and water and protection from direct sunlight or extreme weather conditions;
(4) The chain, rope, leash, run line, or other device used to tether the animal does not weight more than one-eighth the amount of the animal's weight and is not made from a logging chain or a tow chain;
(5) The animal is not attached to the chain, rope, leash, run line, or other device by any collar or means of restraint that may injure the animal or interfere with its vision or respiration, including without limitation any type of "choke" collar that constricts around the animal's neck when pulled;
(a) The chain, rope, leash, run line or other device, and the collar attached thereto used to tether the animal shall be of such material and shall be attached and affixed in such a manner sufficient to physically retrain and control the animal to be tethered;
(b) The animal to be tethered has not been designated as a vicious dog;
(6) If the animal to be tethered has been designated as a dangerous dog, the dog also must be supervised by an adult at least 18 years of age and securely muzzled with a muzzle at all times that it is tethered in a manner that will prevent it from biting any person or animal, but that will not injure the dog or interfere with its vision or respiration;
(7) The animal is not tethered in a manner that either:
(a) Permits the animal to trespass upon public property, or upon private property without consent of the property owner, or
(b) Threatens the health, safety, or welfare of any person or animal;
(8) The animal is not tethered and unsupervised for more than two consecutive hours during any 24 hour period;
(9) The animal is not tethered and unsupervised between the hours of 10:00 p.m. and 6:00 a.m.;
(10) The animal is not tethered and unsupervised within 200 feet of any school at any time;
(11) The animal is not tethered on public property at any time, and is not tethered on private property without prior consent of the property owner; and
(12) No person shall permit at any time a tethered dog to bark, whine, howl, or make excess noises so as to cause a nuisance.
(B) No owner of a dog or cat that is a pet or companion animal may expose the dog or cat in a manner that places the dog or cat in a life-threatening situation during extreme temperatures and weather conditions, including without limitation, during heat advisories or when the temperature is below 32 degrees Fahrenheit; a wind chill warning or tornado warning has been issued by local, state, or national authority; and any other instances of extreme weather as determined by the Village Animal Warden similarly presenting a danger to the health and safety of the pet or companion animal.
(C) In addition to any other penalty provided under this Code, any person who is convicted of a violation of this section or of a violation of § 90.40 through and including § 90.42 in the presence of a minor under 18 years of age shall be subject to a fine of $250 and ordered to perform community service for not less than 100 hours.
(Ord. 17-1377, passed 6-21-17) Penalty, see § 90.99