California
Health and Safety Code, Division 105, Part 6
Chapter 8. Dog Tethering
122335. (a) For purposes of this chapter, the following terms shall have the following definitions:(1) "Animal control" means the municipal or county animal control agency or any other entity responsible for enforcing animal-related laws.(2) "Agricultural operation" means an activity that is necessary for the commercial growing and harvesting of crops or the raising of livestock or poultry.(3) "Person" means any individual, partnership, corporation, organization, trade or professional association, firm, limited liability company, joint venture, association, trust, estate, or any other legal entity, and any officer, member, shareholder, director, employee, agent, or representative thereof.(4) "Reasonable period" means a period of time not to exceed three hours in a 24-hour period, or a time that is otherwise approved by animal control.(b) No person shall tether, fasten, chain, tie, or restrain a dog, or cause a dog to be tethered, fastened, chained, tied, or restrained, to a dog house, tree, fence, or any other stationary object.(c) Notwithstanding subdivision (b), a person may do any of the following in accordance with Section 597t of the Penal Code:(1) Attach a dog to a running line, pulley, or trolley system. A dog shall not be tethered to the running line, pulley, or trolley system by means of a choke collar or pinch collar.(2) Tether, fasten, chain, tie, or otherwise restrain a dog pursuant to the requirements of a camping or recreational area.(3) Tether, fasten, chain, or tie a dog no longer than is necessary for the person to complete a temporary task that requires the dog to be restrained for a reasonable period.(4) Tether, fasten, chain, or tie a dog while engaged in, or actively training for, an activity that is conducted pursuant to a valid license issued by the State of California if the activity for which the license is issued is associated with the use or presence of a dog. Nothing in this paragraph shall be construed to prohibit a person from restraining a dog while participating in activities or using accommodations that are reasonably associated with the licensed activity.(5) Tether, fasten, chain, or tie a dog while actively engaged in any of the following:(A) Conduct that is directly related to the business of shepherding or herding cattle or livestock.(B) Conduct that is directly related to the business of cultivating agricultural products, if the restraint is reasonably necessary for the safety of the dog.(d) A person who violates this chapter is guilty of an infraction or a misdemeanor.(1) An infraction under this chapter is punishable upon conviction by a fine of up to two hundred fifty dollars ($250) as to each dog with respect to which a violation occurs.(2) A misdemeanor under this chapter is punishable upon conviction by a fine of up to one thousand dollars ($1,000) as to each dog with respect to which a violation occurs, or imprisonment in a county jail for not more than six months, or both.(3) Notwithstanding subdivision (d), animal control may issue a correction warning to a person who violates this chapter, requiring the owner to correct the violation, in lieu of an infraction or misdemeanor, unless the violation endangers the health or safety of the animal, the animal has been wounded as a result of the violation, or a correction warning has previously been issued to the individual.(e) Nothing in this chapter shall be construed to prohibit a person from walking a dog with a hand-held leash.
Connecticut
Chapter 435. Dogs and Other Companion Animals. Kennels and Pet Shops
Sec. 22-350a. Tethering and confining of dog for unreasonable period of time. Fine.
Any person who confines or tethers a dog for an unreasonable period of time shall be fined not more than one hundred dollars for the first offense, not less than one hundred dollars or more than two hundred fifty dollars for a second offense, and not less than two hundred fifty dollars or more than five hundred dollars for any subsequent offense.
Delaware
§1325(a)(6), Chapter 5, Title 11
(6) "Cruelty to animals" includes mistreatment of any animal or neglect of any animal under the care and control of the neglector, whereby unnecessary or unjustifiable physical pain or suffering is caused. By way of example this includes: Unjustifiable beating of an animal; overworking an animal; tormenting an animal; abandonment of an animal; tethering of a dog for 18 hours or more in any 24 hour period, and tethering any dog for any amount of time if the dog is under four months of age or is a nursing mother while the offspring are present; and failure to feed properly or give proper shelter or veterinary care to an animal.
Maine
ANIMAL WELFARE LAWS MAINE REVISED STATUTES ANNOTATED 7 § 4015. Proper Shelter, Protection From the Weather and Humanely Clean Conditions No person owning or responsible for confining or impounding any animal may fail to provide the animal with proper shelter, protection from the weather and humanely clean conditions as prescribed in this section. … 6. Dogs confined by tethering for long time periods. In addition to the requirements of Subsection 2, Paragraph B, Subparagraph (2), when tethering is the primary means of confinement for a dog, the standards for shelter and tethering are as follows: A. A shelter must be provided that is fully enclosed except for a portal. The portal must be of a sufficient size to allow the dog unimpeded passage into and out of the structure. For dogs other than arctic breeds, the portal must be constructed in a manner that keeps wind and precipitation out of the interior. The shelter must have clean bedding material sufficient to retain the dog's normal body heat; and B. The chain or tether must be attached to both the dog and the anchor using swivels or similar devices that prevent the chain or tether from becoming entangled or twisted. The chain or tether must be attached to a well-fitted collar or harness on the dog. For dogs other than arctic breeds, the chain or tether must be at least 5 times the length of the dog measured from the tip of its nose to the base of its tail. For arctic breeds, the chain or tether must be at least 2.5 times the length of the dog measured from the tip of its nose to the base of its tail. For the purposes of this subsection, "primary means of confinement" means the method used to confine a dog for periods of time that exceed 12 hours in a 24-hour period. For the purposes of this subsection, "arctic breeds" means Siberian Huskies, Alaskan Huskies, Alaskan Malamutes and other dogs with a double-layered coat and bred to live in an arctic climate.
Nevada
Section 1. NRS 574.100 is hereby amended to read as follows:2. Except as otherwise provided in subsections 3 and 4 and NRS 574.210 to 574.510, inclusive, a person shall not restrain a dog:(a) Using a tether, chain, tie, trolley or pulley system or other device that:(1) Is less than 12 feet in length;(2) Fails to allow the dog to move at least 12 feet or, if the device is a pulley system, fails to allow the dog to move a total of 12 feet; or(3) Allows the dog 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;(b) Using a prong, pinch or choke collar or similar restraint; or(c) For more than 14 hours during a 24-hour period.3. Any pen or other outdoor enclosure that is used to maintain a dog must be appropriate for the size and breed of the dog. If any property that is used by a person to maintain a dog is of insufficient size to ensure compliance by the person with the provisions of paragraph (a) of subsection 2, the person may maintain the dog unrestrained in a pen or other outdoor enclosure that complies with the provisions of this subsection.4. The provisions of subsections 2 and 3 do not apply to a dog that is:(a) Tethered, chained, tied, restrained or placed in a pen or enclosure by a veterinarian, as defined in NRS 574.330, during the course of his practice;(b) Being used lawfully to hunt a species of wildlife in this State during the hunting season for that species;(c) Receiving training to hunt a species of wildlife in this State;(d) In attendance at and participating in an exhibition, show, contest or other event in which the skill, breeding or stamina of the dog is judged or examined;(e) Being kept in a shelter or boarding facility or temporarily in a camping area; (f) Temporarily being cared for as part of a rescue operation or in any other manner in conjunction with a bona fide nonprofit organization formed for animal welfare purposes;(g) Living on land that is directly related to an active agricultural operation, if the restraint is reasonably necessary to ensure the safety of the dog. As used in this paragraph, "agricultural operation" means any activity that is necessary for the commercial growing and harvesting of crops or the raising of livestock or poultry; or(h) With a person having custody or control of the dog, if the person is engaged in a temporary task or activity with the dog for not more than 1 hour.
Texas
80R12214 RMB-D By: West, Goolsby, Bonnen, Menendez H.B. No. 1411 A BILL TO BE ENTITLED AN ACT relating to the unlawful restraint of dogs; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 821, Health and Safety Code, is amended by adding Subchapter D to read as follows: SUBCHAPTER D. UNLAWFUL RESTRAINT OF DOG Sec. 821.076. DEFINITIONS. In this subchapter: (1) "Collar" means any collar constructed of nylon, leather, or similar material, specifically designed to be used for a dog. (2) "Owner" means a person who owns or has custody or control of a dog. (3) "Properly fitted" means, with respect to a collar, a collar that measures the circumference of a dog's neck plus at least one inch. (4) "Restraint" means a chain, rope, tether, leash, cable, or other device that attaches a dog to a stationary object or trolley system. Sec. 821.077. UNLAWFUL RESTRAINT OF DOG. (a) An owner may not leave a dog outside and unattended by use of a restraint that unreasonably limits the dog's movement: (1) between the hours of 10 p.m. and 6 a.m.; (2) within 500 feet of the premises of a school; or (3) in the case of extreme weather conditions, including conditions in which: (A) the actual or effective outdoor temperature is below 32 degrees Fahrenheit; (B) a heat advisory has been issued by a local or state authority or jurisdiction; or (C) a hurricane, tropical storm, or tornado warning has been issued for the jurisdiction by the National Weather Service. (b) In this section, a restraint unreasonably limits a dog's movement if the restraint: (1) uses a collar that is pinch-type, prong-type, or choke-type or that is not properly fitted to the dog; (2) is a length shorter than the greater of: (A) five times the length of the dog, as measured from the tip of the dog's nose to the base of the dog's tail; or (B) 10 feet; (3) is in an unsafe condition; or (4) causes injury to the dog. Sec. 821.078. EXCEPTIONS. Section 821.077 does not apply to: (1) a dog restrained to a running line, pulley, or trolley system and that is not restrained to the running line, pulley, or trolley system by means of a pinch-type, prong-type, choke-type, or improperly fitted collar; (2) a dog restrained in compliance with the requirements of a camping or recreational area as defined by a federal, state, or local authority or jurisdiction; (3) a dog restrained for a reasonable period, not to exceed three hours in a 24-hour period, and no longer than is necessary for the owner to complete a temporary task that requires the dog to be restrained; (4) a dog restrained while the owner is engaged in, or actively training for, an activity that is conducted pursuant to a valid license issued by this state if the activity for which the license is issued is associated with the use or presence of a dog; (5) a dog restrained while the owner is engaged in conduct directly related to the business of shepherding or herding cattle or livestock; or (6) a dog restrained while the owner is engaged in conduct directly related to the business of cultivating agricultural products, if the restraint is reasonably necessary for the safety of the dog.
Vermont
ANIMAL WELFARE REGULATIONS (Promulgated under authority of VSA T20 Chapter 194 Section 3908) SECTION 3.4 PRIMARY ENCLOSURES All primary enclosures for dogs and cats shall conform to the following requirements: … (b) Space requirements. – (1) Dogs and cats. Primary enclosures shall be constructed and maintained so as to provide sufficient space to allow each dog and cat to turn about freely and to easily stand, sit and lie in a comfortable normal position. (2) Dogs (i) In addition to the provisions of subparagraph (1) of this paragraph, each dog housed in any primary enclosure shall be provided a minimum square footage of floor space equal to the mathematical square of the sum of the length of the dog in inches, as measured from the tip of its nose to the base of its tail, plus 6 inches, expressed in square feet. Not more than 12 adult nonconditioned dogs shall be housed in the same primary enclosure. This requirement may be computed by using the following equation: (length of dog in inches+6) X (length of dog in inches+6) Required area in square inches = ________________________= Required square feet of floor space. (ii) Dog house with chains. If dog houses with chains are used as primary enclosures for dogs kept outdoors, the chains used shall be so placed or attached that they cannot become entangled with the chains of other dogs or any other objects. Such chains shall be of a type commonly used for the size dog involved and equipped with snap hooks and shall be attached to the dog by means of a well fitted collar. Such chains shall be at least four times the length of the dog as measured from the tip of its nose to the base of its tail and shall allow the dog convenient access to the dog house.
Virginia
Title 3.1
Chapter 27.4
Section 796.66. Definitions.
"Adequate space" ... When an animal is tethered, "adequate space" means a tether that permits the above actions and is appropriate to the age and size of the animal; is attached to the animal by a properly applied collar, halter, or harness configured so as to protect the animal from injury and prevent the animal 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 animal; and is at least three times the length of the animal, as measured from the tip of its nose to the base of its tail, except when the animal is being walked on a leash or is attached by a tether to a lead line. When freedom of movement would endanger the animal, temporarily and appropriately restricting movement of the animal according to professionally accepted standards for the species is considered provision of adequate space.
Section 796.68. Care of animals by owner; penalty. A. Each owner shall provide for each of his companion animals: . . .4. Adequate space in the primary enclosure for the particular type of animal depending upon its age, size, species, and weight;
West Virginia
Chapter 61-8-19. Cruelty to animals; penalties; exclusions.(a) If any person … cruelly chains any animal … he or she is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than three hundred nor more than two thousand dollars or confined in jail not more than six months, or both.