(a) "Tethering" 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.
(b) No person shall tether an animal in any of the following circumstances:
(1) For more than six hours total in a twenty-four hour period and not more than two consecutive hours with no less than a one-hour period between tetherings:
A. Between the hours of 10:00 p.m. and 6:00 a.m.
B. If a heat or cold advisory has been issued by a local or state authority or the National Weather Service.
C. If a severe weather warning has been issued by a local or state authority or the National Weather Service.
(3) 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.
(4) If no owner or occupant is present at the premises.
(c) The tethered animal shall be:
(1) Provided a house or shelter that will provide shade, protection from snow, rain, or other inclement weather.
(2) Provided adequate water and food on a daily basis. Water shall be provided on an "as needed" basis.
(3) Attached by a tether that is a minimum of twenty feet (20') in length.
(4) Provided access to a surface of grass, properly drained, with enough area to permit the animal to freely move about without risk of entanglement or to cause injury.
(d) The tethered animal shall not:
(1) Be allowed to continuously bark or make other noise that can be heard on the surrounding property.
(2) Enter the property of another.
(3) Have a tether attached with a prong type, pinch type, or choke type collar, or a collar that will cause injury to the animal.
(4) Have a tether that will cause injury or entanglement.
(e) No animal will be tethered if a law enforcement officer or the Building Commissioner requests that the tether not be used as a result of this section.
(f) 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 a result of a violation of this section, then whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 2016-04. Passed 4-11-16.)