(a) Definitions: As used in this section:
(1) Body Harness- A device consisting of straps made of nylon, leather or other pliable material fitted to the body of a dog and used to affix a restraint of the animal.
(2) Collar- A device consisting of straps made of leather, nylon, or other pliable material secured around the neck of a dog that is properly fitted and has enough room between the collar and the dog's throat through which two adult fingers may easily fit. Choke collars and pinch collars are prohibited for purposes of tethering a dog.
(3) Properly Fitted- Worn without causing discomfort, pain, or injury.
(4) Tether- When used as a noun, any device, including but not limited to a leash, cable, or tie out attached to a stationary point or object, trolley or run used to contain or restrain a dog. When used as a verb, tether shall mean to attach a dog to such a device. A Chain for purposes of tethering a dog is prohibited.
(b) Nothing in this section shall prohibit the tethering of a dog that is in the immediate proximity of its owner or custodian, in a manner that does not cause discomfort, pain or injury to the dog.
(c) No person shall tether or cause to be tethered any dog not in the immediate proximity of its owner or custodian, except under ALL conditions:
(1) The owner or custodian is present on the property;
A. The owner is in immediate proximity to the dog if tethered in the front yard of the owner or custodian's home or dwelling.
(2) Tethering does not exceed sixty (60) continuous minutes, and for a total of no more than six (6) hours in a twenty-four (24) hour period, with at least an hour between tethering's;
(3) If a heat, cold, or severe weather advisory or warning has been issued by the national weather service for the area in which the dog is located;
(4) The dog is six (6) months of age or older;
(5) If female, the dog is sterilized or not in estrus;
(6) The tether does not exceed ten percent (10%) of the dog's body weight;
(7) The tether is at least twenty (20) feet in length;
(8) The tether allows the dog to easily stand, sit, lie, turn around, and make all other normal body movements in a comfortable normal position for the dog;
(9) The tether allows the dog to interact safely with other animals, if at all;
(10) The tether is appropriate for the age and size of the dog and attached to the dog by a properly fitted collar or body harness configured to prevent the dog or tether from becoming entangled with other objects or animals or from extending over an object or edge that could result in the strangulation or injury of the dog;
(11) Only one dog is attached to a single tether;
(12) The dog is attached to a single tether; and the dog is not tethered in such a way to permit the dog to cross and enter upon another's property, except that the same shall not be unlawful if the affected property owner or person having lawful possession thereof provides consent;
(13) If the dog is not provided with a sanitary environment that is free of an accumulation of feces or other waste and insect or rodent infestation and of foul odor.
(d) (1) Whoever violates this section is guilty of a minor misdemeanor for the first offence. For subsequent violations of this section, the violator shall be deemed guilty of a misdemeanor of the fourth degree. Each day of continued violation is a separate offense.
(2) Fines for violations of this section shall be as stated:
A. One hundred dollars ($100.00) for the first offence and;
B. Three hundred dollars ($300.00) for any and all subsequent offenses.
(3) This section shall be enforced under Ohio R.C. 955.221 (c) and 955.99 (K) by the appropriate law enforcement officers.
(Ord. 16-044. Passed 6-22-16.)