(a) No person shall house, shelter or tether an animal in any of the following circumstances:
(1) If a heat or cold advisory has been issued by a local or state authority or the National Weather Service;
(2) If a severe weather warning has been issued by a local or state authority or the National Weather Service;
(3) If the tether is less than twelve (12) feet in length; tethering the dog if such tethering fails to allow the dog to move at least twelve (12) feet or if the device is a pulley system, fails to allow the dog to move a total of twelve (12) feet;
(4) If the tether allows the animal to touch the fence or cross the property line or cross onto public property;
(5) If the tether is attached by means of a pinch-type, prong-type, martingale type or choke-type collar or if the collar is unsafe or is not properly fitted;
(6) If the tether may cause injury or entanglement. Tethering the dog in a manner where the dog is able to reach a fence or other object that may cause the dog to become injured or die by strangulation after jumping the fence or object or otherwise becoming entangled in the fence or object; or securing an animal with a leash, collar, tether, or other device weighting more than ten percent (10%) of the animal’s body weight;
(7) If the animal is not provided with its needs;
(8) If the tether is made of a material that is unsuitable for the animal’s size and weight or that causes any unnecessary discomfort to the animal;
(9) If residential premises is vacant or unoccupied.
(b) As used in this section, “tether” means a rope, chain, cord, dog run or pulley, or similar restraint for holding an animal in place, allowing a radius in which it can move about.
(c) Whoever violates this section is guilty of a minor misdemeanor on the first offense, a misdemeanor of the fourth degree on the second offense, and a misdemeanor of the first degree on the third or any subsequent offense. Notwithstanding the foregoing penalties, if an animal becomes sick or injured as result of a violation of this section, then whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 12614/15. Passed 10-28-15.)