The Following State Laws Address Chaining

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 dog to stationary object or mobile device. Prohibited means. Retention of other protections afforded dogs. Confining or tethering dog for unreasonable period of time. Fines.

(b) No person shall tether a dog outdoors to a stationary object or to a mobile device, including, but not limited to, a trolley or a pulley, when a weather advisory or warning is issued by local, state or federal authorities or when outdoor environmental conditions, including, but not limited to, extreme heat, cold, wind, rain, snow or hail, pose an adverse risk to the health or safety of such dog based on such dog’s breed, age or physical condition, unless tethering is for a duration of not longer than fifteen minutes.

 

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 any dog for 9 consecutive hours or more in any 24-hour period except on any farm; tethering of any dog for any amount of time if the dog is under 4 months of age or is a nursing mother while the offspring are present, except on any farm; and failure to feed properly or give proper shelter or veterinary care to an animal.

 

District of Columbia

§ 22-1001. Definition and penalty.

(a)(1) Whoever knowingly … cruelly chains … any animal … shall for every such offense be punished by imprisonment in jail not exceeding 180 days, or by fine not exceeding $250, or by both.

(b) For the purposes of this section, “cruelly chains” means attaching an animal to a stationary object or a pulley by means of a chain, rope, tether, leash, cable, or similar restraint under circumstances that may endanger its health, safety, or well-being. Cruelly chains includes, but is not limited to, the use of a chain, rope, tether, leash, cable or similar restraint that:

(1) Exceeds 1/8 the body weight of the animal;

(2) Causes the animal to choke;

(3) Is too short for the animal to move around or for the animal to urinate or defecate in a separate area from the area where it must eat, drink, or lie down;

(4) Is situated where it can become entangled;

(5) Does not permit the animal access to food, water, shade, dry ground, or shelter; or

(6) Does not permit the animal to escape harm.

 

Hawaii

§711-1109 – Cruelty to animals in the second degree

(1) A person commits the offense of cruelty to animals in the second degree if the person intentionally, knowingly, or recklessly:

(g) Tethers, fastens, ties, or restrains a dog to a doghouse, tree, fence, or any other stationary object by means of a choke collar, pinch collar, or prong collar; provided that a person is not prohibited from using such restraints when walking a dog with a hand-held leash or while a dog is engaged in a supervised activity

 

Illinois

HB 83 was signed into law. This adds tethering restrictions to the Illinois Humane Care for Animals Act.
The new provision amend 510 ILCS 70 and provides “To lawfully tether a dog outdoors, an owner must insure that the dog
(1) does not suffer from a condition that is known by the person to be exacerbated by tethering;
(2) is tethered in a manner that will prevent it from becoming entangled with other tethered dogs;
(3) is not tethered with a lead that (i) exceeds one-eighth of the dog’s body weight or (ii) is a tow or log chain;
(4) is tethered with a lead that measures when rounded to the nearest whole foot, at least ten feet in length;
(5) is tethered with a properly fitting harness or collar other than the lead or a pinch, prong, or choke-type collar; and
(6) is not tethered in a manner that will allow it to reach within the property of another person, a public walkway, or a road.”

There are some exceptions to the provisions that can be found here.

 

Indiana

IC 35-46-3-0.5 Definitions

Sec. 0.5. The following definitions apply throughout this chapter:

4) “Neglect” means:
(A) endangering an animal’s health by failing to provide or arrange to provide the animal with food or drink, if the animal is dependent upon the person for the provision of food or drink;
(B) restraining an animal for more than a brief period in a manner that endangers the animal’s life or health by the use of a rope, chain, or tether that:
(i) is less than three (3) times the length of the animal;
(ii) is too heavy to permit the animal to move freely; or
(iii) causes the animal to choke;
(C) restraining an animal in a manner that seriously endangers the animal’s life or health;
(D) failing to:
(i) provide reasonable care for; or
(ii) seek veterinary care for;
an injury or illness to a dog or cat that seriously endangers the life or health of the dog or cat; or
(E) leaving a dog or cat outside and exposed to:
(i) excessive heat without providing the animal with a means of shade from the heat; or
(ii) excessive cold if the animal is not provided with straw or another means of protection from the cold; regardless of whether the animal is restrained or kept in a kennel.
35-46-3-7 Version a
Abandonment or neglect of vertebrate animals; defense
Note: This version of section effective until 7-1-2014. See also following version of this section, effective 7-1-2014.
Sec. 7. (a) A person who:
(1) has a vertebrate animal in the person’s custody; and
(2) recklessly, knowingly, or intentionally abandons or neglects the animal;
commits cruelty to an animal, a Class A misdemeanor. However, except for a conviction under section 1 of this chapter, the offense is a Class D felony if the person has a prior unrelated conviction under this chapter.
(b) It is a defense to a prosecution for abandoning a vertebrate animal under this section that the person who had the animal in the person’s custody reasonably believed that the vertebrate animal was capable of surviving on its own.
(c) For purposes of this section, an animal that is feral is not in a person’s custody.
As added by P.L.193-1987, SEC.10. Amended by P.L.171-2007, SEC.8; P.L.111-2009, SEC.12.
35-46-3-7 Version b
Abandonment or neglect of vertebrate animals; defense
Note: This version of section effective 7-1-2014. See also preceding version of this section, effective until 7-1-2014.
Sec. 7. (a) A person who:
(1) has a vertebrate animal in the person’s custody; and
(2) recklessly, knowingly, or intentionally abandons or neglects the animal;
commits cruelty to an animal, a Class A misdemeanor. However, except for a conviction under section 1 of this chapter, the offense is a Level 6 felony if the person has a prior unrelated conviction under this chapter.
(b) It is a defense to a prosecution for abandoning a vertebrate animal under this section that the person who had the animal in the person’s custody reasonably believed that the vertebrate animal was capable of surviving on its own.
(c) For purposes of this section, an animal that is feral is not in a person’s custody.
As added by P.L.193-1987, SEC.10. Amended by P.L.171-2007, SEC.8; P.L.111-2009, SEC.12; P.L.158-2013, SEC.558.

 

Louisiana

§102.26 Unlawful restraint of a dog; definitions; penalties

A. As used in this Section:
(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.
B. It shall be unlawful to tie, tether, or restrain any animal in a manner that is inhumane, cruel, or detrimental to its welfare.
C. The provisions of this Section shall not apply to any of the following:
(1) Accepted veterinary practices.
(2) Activities carried on for scientific or medical research governed by accepted standards.
(3) A dog restrained to a running line, pulley, or trolley system and 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.
(4) 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.
(5) 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.
(6) A dog restrained while the owner is engaged in conduct directly related to the business of shepherding or herding cattle or livestock.
(7) 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.
(8) A dog being restrained and walked with a hand-held leash regardless of the type of collar being used.
D. Whoever violates the provisions of this Section shall be fined not more than three hundred dollars.
Acts 2010, No. 977, §1.

 

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.

 

Maryland

§ 10-623

(a)(1) In this section the following words have the meanings indicated.
(2) “Collar” means a device constructed of nylon, leather, or similar material specifically designed to be used around the neck of a dog.
(3) “Restraint” means a chain, rope, tether, leash, cable, or other device that attaches a dog to a stationary object or trolley system.
(b) A person may not leave a dog outside and unattended by use of a restraint:
(1) that unreasonably limits the movement of the dog;
(2) that uses a collar that:
(i) is made primarily of metal; or
(ii) is not at least as large as the circumference of the dog’s neck plus 1 inch;
(3) that restricts the access of the dog to suitable and sufficient clean water or appropriate shelter;
(4) in unsafe or unsanitary conditions; or
(5) that causes injury to the dog.
(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $1,000 or both.

 

Massachusetts

Section 174E. Chaining or tethering dog to stationary object; confinement; restrictions; penalty

(a) No person owning or keeping a dog shall chain or tether a dog for longer than 5 hours in a 24-hour period and outside from 10:00 p.m. to 6:00 a.m., unless the tethering is for not more than 15 minutes and the dog is not left unattended by the owner, guardian or keeper. A tethering employed shall not allow the dog to leave the owner’s, guardian’s or keeper’s property. The tether shall be designed for dogs and no logging chains or other lines or devices not designed for tethering dogs shall be used. No chain or tether shall weigh more than 1/8 of the dog’s body weight. Nothing in this section shall be construed to prohibit a person from walking a dog on a hand-held leash. No dog under the age of 6 months shall be tethered outside for any length of time.

(b) A person owning or keeping a dog may confine such dog outside, subject to the restrictions in this section, through the use of any of the following methods:

(1) inside a pen or secure enclosure, if the following conditions are met:

(i) the pen or secure enclosure shall have adequate space for exercise with a dimension of at least 100 square feet; provided, however, that commercial dog kennels with pens intended for the temporary boarding of dogs shall be exempt from this requirement;

(ii) the pen or secure enclosure is constructed with chain link or other similar material as determined by the Building Inspector, with all 4 sides enclosed; and

(iii) the minimum height of the fence shall be adequate to successfully confine the dog;

(2) a fully fenced, electronically fenced or otherwise securely enclosed yard, wherein a dog has the ability to run but is unable to leave the enclosed yard; or

(3) a trolley system or a tether attached to a pulley in a cable run, if the following conditions are met:

(i) only 1 dog shall be tethered to each cable run;

(ii) the tether shall be attached to a properly fitting collar or harness worn by the dog, with enough room between the collar and the dog’s throat through which 2 adult fingers may fit; provided, however, that a choke collar and a pinch collar shall not be used to tether a dog to a cable run;

(iii) there shall be a swivel on at least 1 end of the tether to minimize tangling of the tether;

(iv) the tether and cable run must each be at least 10 feet in length. The cable must be mounted at least 4 feet but not more than 7 feet above ground level; and

(v) the length of the tether from the cable run to the dog’s collar or harness shall allow continuous access to clean water and appropriate shelter at all times as described in subsection (c); provided, however, that a trolley system or tether shall be of appropriate configuration to confine the dog to the owner’s, guardian’s or keeper’s property, to prevent the trolley system or tether from extending over an object to an edge that could result in injury to or strangulation of the dog and to prevent the trolley system or tether from becoming tangled with other object or animals.

(c) A person owning or keeping a dog confined outside in accordance with subsection (b) shall provide the dog with access to clean water and appropriate dog shelter. The dog shelter shall allow the dog to remain dry and protected from the elements and shall be fully enclosed on at least 3 sides, roofed and have a solid floor. The entrance to the shelter shall be flexible to allow the dog’s entry and exit, and sturdy enough to block entry of weather elements. The shelter shall contain clean bedding and shall be small enough to retain the dog’s body heat and large enough to allow the dog to stand, lie down and turn comfortably. The enclosure shall be structurally sound and in good repair. Suitable drainage shall be provided so that water, ice or waste is not standing in or around the shelter.

(d) A person shall not leave a dog outside when a weather advisory, warning or watch is issued by a local, state or federal authority or when outside environmental conditions including, but not limited to, extreme heat, cold, wind, rain, snow or hail pose an adverse risk to the health or safety of the dog based on the dog’s breed, age or physical condition, unless the tethering is for not more than 15 minutes.

(e) An exception to a restriction on outdoor confinement under this section that is reasonably necessary for the safety of a dog shall be made for a dog that is: (i) present in a camping or recreational area pursuant to the policy of the camping or recreational area; or (ii) actively engaged in conduct that is directly related to the business of shepherding or herding cattle or other livestock or engaged in conduct that is directly related to the business of cultivating agricultural products.

(f) No person owning or keeping a dog shall subject the dog to cruel conditions or inhumane chaining or the tethering at any time. For the purposes of this subsection, “cruel conditions and inhumane chaining or tethering” shall include, but not be limited to, the following conditions:

(1) filthy and dirty confinement conditions including, but not limited to, exposure to excessive animal waste, garbage, dirty water, noxious odors, dangerous objects that could injure or kill a dog upon contact or other circumstances that could cause harm to a dog’s physical or emotional health;

(2) taunting, prodding, hitting, harassing, threatening or otherwise harming a tethered or confined dog; and

(3) subjecting a dog to dangerous conditions, including attacks by other animals.

(g) A person who violates this section shall, for a first offense, be issued a written warning or punished by a fine of not more than $50, for a second offense, be punished by a fine of not more than $200 and for a third or subsequent offense, be punished by a fine of not more than $500, and be subject to impoundment of the dog in a local shelter at the owner’s, keeper’s or guardian’s expense pending compliance with this section, or loss of ownership of the dog.

 

Michigan

Section 750.50
(2) An owner, possessor, or person having the charge or custody of an animal shall not do any of the following:

(g) Tether a dog unless the tether is at least 3 times the length of the dog as measured from the tip of its nose to the base of its tail and is attached to a harness or nonchoke collar designed for tethering.

 

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.

 

New Jersey

August 7, 2017

Dogs may not be tethered if they’re a nursing female or a puppy under 4 months of age. Dogs may not be tethered between the hours of 11 p.m. and 5 a.m. unless their owner or caretaker is outside with them or they’re within view of the person the entire time. Dogs may not be tethered outside in adverse environmental conditions for more than 30 minutes.

AN ACT concerning the necessary care and tethering of certain animals, and supplementing Title 4 of the Revised Statutes, and amending P.L.1941, c.151.

BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: 

  1. (New section) As used in this act:

“Adverse environmental conditions” means (1) when the ambient temperature is 32 degrees Fahrenheit or below in the immediate vicinity of a dog, domestic companion animal, or service animal, or there are other cold weather or precipitation-related environmental conditions, including, but not limited to, wind, rain, snow, ice, sleet, or hail, such that a person should reasonably know would pose an adverse risk to the health or safety of a dog, domestic companion animal, or service animal, based on the animal’s size, age, physical condition, or thickness of the animal’s hair or fur; or (2) when the ambient temperature is 90 degrees Fahrenheit or above in the immediate vicinity of a dog, domestic companion animal, or service animal, or a dog, domestic companion animal, or service animal is exposed to direct sunlight or hot pavement, or any other hot surfaces, such that a person should reasonably know would pose an adverse risk to the health or safety of the animal, based on the animal’s size, age, physical condition, or thickness of the animal’s hair or fur.

. . .

  1. (News [sic] section) a. It is unlawful for any person to cruelly restrain a dog.
  2. A person cruelly restrains a dog if the person tethers a dog:

(1) which is a nursing female, or which is less than four months old;

(2) outdoors between the hours of 11 p.m. and 5 a.m., but this paragraph shall not take effect until 18 months after the date on which this act takes effect;

(3) in an unoccupied building or upon vacant property;

(4) in a manner that does not permit the dog continuous access to water in a sanitary and liquid state whenever the dog is tethered for more than 30 minutes;

(5) in a manner that exposes the dog to adverse environmental conditions for more than 30 minutes;

(6) by means of a choke collar, prong collar, head harness, or any other type of collar, harness, or similar device other than a properly fitted body harness or buckle-type collar;

(7) by using a chain with metal links that are more than one-quarter of an inch thick, or a tether, collar, or harness to which a weight is attached;

(8) with a tether on which more than one dog is restrained;

(9) with a tether that is less than 15 feet in length or which does not permit the dog to walk at least 15 feet in any one direction; or

(10) with a tether that permits the dog to reach another dog or an object or location that poses a risk of entanglement, strangulation, drowning, or other harm to the health or safety of the dog, including, but not limited to, another dog’s tether or a window sill, fence, wall, porch, terrace railing, vehicle, tree, pole, pool, or public road or highway.

c. Paragraphs (2), (9), and (10) of subsection b. of this section shall not apply if any person, including the dog’s owner or the person with custody or control of the dog:

(1) is in the presence of the dog at all times while the dog is tethered, whether indoors or outdoors; and

(2) can see the dog at all times while the dog is tethered, unless the [dog’s owner or the person with custody or control of the dog] person is blind or visually impaired so that the person cannot see the dog due to the blindness or visual impairment, in which case the [owner or person with custody or control of the animal] person shall remain immediately adjacent to the dog at all times while the dog is tethered.

 

North Carolina

§ 14-362.3. Restraining dogs in a cruel manner.

A person who maliciously restrains a dog using a chain or wire grossly in excess of the size necessary to restrain the dog safely is guilty of a Class 1 misdemeanor. For purposes of this section, “maliciously” means the person imposed the restraint intentionally and with malice or bad motive.

 

Oregon

ORS 167.310¹

Unlawful tethering

(1) A person commits the offense of unlawful tethering if the person tethers a domestic animal in the person’s custody or control:

(a) With a tether that is not a reasonable length given the size of the domestic animal and available space and that allows the domestic animal to become entangled in a manner that risks the health or safety of the domestic animal;

(b) With a collar that pinches or chokes the domestic animal when pulled;

(c) For more than 10 hours in a 24-hour period; or

(d) For more than 15 hours in a 24-hour period if the tether is attached to a running line, pulley or trolley system.

(2) A person does not violate this section if the person tethers a domestic animal:

(a) While the domestic animal remains in the physical presence of the person who owns, possesses, controls or otherwise has charge of the domestic animal;

(b) Pursuant to the requirements of a campground or other recreational area;

(c) For the purpose of engaging in an activity that requires licensure in this state, including but not limited to hunting;

(d) To allow the person to transport the domestic animal; or

(e) That is a dog kept for herding, protecting livestock or dogsledding.

Pennsylvania
June 28, 2017
(Effective August 27, 2017)

A person may be found guilty of neglect if he or she tethers a dog unattended outdoors for more than nine hours within a 24-hour period; uses a tow chain, a log chain, or a choke, pinch, prong, or chain collar; does not give the dog access to water and a shady area while tethered; does not use a tether that is the longer of at least 10 feet or three times the length of the dog; or tethers a dog for longer than 30 minutes when the temperature is over 90 degrees or under 32 degrees.

§ 5536. Tethering of unattended dog
(a) Presumptions.
(1) Tethering an unattended dog out of doors for less than nine hours within a 24-hour period when all of the following conditions are present shall create a rebuttable presumption that a dog has not been the subject of neglect within the meaning of section 5532;
i. The tether is of a type commonly used for the size and breed of dog and is at least three times the length of the dog as measured from the tip of its nose to the base of its tail or 10 feet, which is longer.
ii. The tether is secured to a well-fitted collar or harness by means of a swivel collar, swivel latch or other mechanism designed to prevent the dog from becoming entangled.
iii. The tethered dog has access to potable water and an area of shade that permits the dog to escape the direct rays of the sun.
iv. The dog has not been tethered for longer than 30 minutes in temperatures above 90 or below 32 degrees Fahrenheit.
(2) The presence of any of the following conditions regarding tethering an unattended dog out of doors shall create a rebuttable presumption that a dog has been the subject of neglect within the meaning of section 5532:
i. Excessive waste or excrement in the area where the dog is tethered.
ii. Open sore or wounds on the dog’s body.
iii. The use of a tow or log chain, or a choke, pinch, prong or chain collar.
(b) Construction. This section shall not be construed to prohibit any of the following:
(1) Tethering a dog while actively engaged in lawful hunting, exhibition, performance events or field training.
(2) Tethering a hunting, sporting or sledding dog breed where tethering is integral to the training, conditioning or purpose of the dog.
(3) Tethering a dog in compliance with the requirements of a camping or recreational area.
(4) Tethering a dog for a period of time, not to exceed one hour, reasonable necessary for the dog or person to complete a temporary task.

Rhode Island

§ 4-13-42. Care of dogs

(a) It shall be a violation of this section for an owner or keeper to:

(1) Keep any dog on a permanent tether that restricts movement of the tethered dog to an area less than one hundred thirteen square feet (113 sq. ft.), or less than a six foot (6′) radius at ground level.

(2) Tether a dog with a choke-type collar or prong-type collar.

(3) Keep any dog tethered for more than ten (10) hours during a twenty-four (24) hour period or keep any dog confined in a pen, cage, or other shelter for more than fourteen (14) hours during any twenty-four (24) hour period.

(4) Keep any dog outside either tethered, penned, caged, fenced, or otherwise confined without access to an outdoor housing facility when the ambient temperature is beyond the industry standard for the weather safety scale as set forth in the most recent adopted version of the Tufts Animal Care and Condition Weather Safety Scale (TACC) if the dog is showing signs of poor health due to the weather conditions.

 

Tennessee

39-14-202. Cruelty to animals
(b) A person commits an offense who knowingly ties, tethers, or restrains a dog in a manner that results in the dog suffering bodily injury as defined in § 39-11-106.

 

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

(c) Minimum size of living space; dogs and cats.

(1) A dog shall be provided a minimum living space that is large enough to allow the dog, in a normal manner, to turn about freely, stand, sit, and lie down. A dog shall be presumed to have minimum living space if provided with floor space in the greater amount of the following:

(A) If the dog is:

(i) less than 33 pounds (15 kilograms), floor space of at least eight square feet;

(ii) 33 or more pounds (15 or more kilograms) up to and including 66 pounds (30 kilograms), floor space of at least 12 square feet; and

(iii) more than 66 pounds (30 kilograms), floor space of at least 24 square feet.

(B) Floor space in square footage calculated according to the following formula: floor space in square feet = (length of dog in inches + 6) × (length of dog in inches + 6) ÷ 144. The length of the dog in inches shall be measured from the tip of the nose of the dog to the base of its tail.

(2) The specifications required by subdivision (1) of this subsection shall be required for each dog, regardless of whether the dog is housed individually or with other animals.

(f) Tethering of dog.

(1) Except as provided under subdivision (2) of this subsection, a dog predominantly maintained outdoors on a tether shall be on a tether that allows the dog to walk a distance in any one direction that is 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 access to the shelter.

(2)        (A) A dog regularly used in training or participation in competitive or recreational sled dog activities and housed outdoors in close proximity with other dogs may, if necessary for the safety of the dog, be maintained on a tether that allows the dog to walk a distance in any one direction that is at least two times the length of the dog, as measured from the tip of its nose to the base of its tail. The tether shall be attached to the anchor at a central point, allowing the dog access to a 360 degree area.

(B) If a tethering method involves the use of a trolley and cable and allows the dog to move freely along the length of the cable, the tether shall be long enough to allow the dog to lie down within its shelter without discomfort.

(3) A tether used for any dog shall be attached to both the dog and the anchor using swivels or similar devices that prevent the tether from becoming entangled or twisted. The tether shall be attached to a well-fitted collar or harness on the dog. The tether shall be of a size and weight that will not cause discomfort to a tethered dog. A choke collar shall not be used as part of a tethering method.

 

Virginia

April 9, 2020

(Effective July 1, 2020)

  • 3.2-6500. Definitions.

“Adequate shelter” means provision of and access to shelter that is suitable for the species, age, condition, size, and type of each animal; provides adequate space for each animal; is safe and protects each animal from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold, physical suffering, and impairment of health; is properly lighted; is properly cleaned; enables each animal to be clean and dry, except when detrimental to the species; during hot weather, is properly shaded and does not readily conduct heat; during cold weather, has a windbreak at its entrance and provides a quantity of bedding material consisting of hay, cedar shavings, or the equivalent that is sufficient to protect the animal from cold and promote the retention of body heat; and, for dogs and cats, provides a solid surface, resting platform, pad, floormat, or similar device that is large enough for the animal to lie on in a normal manner and can be maintained in a sanitary manner. Under this chapter, shelters whose wire, grid, or slat floors (i) permit the animals’ feet to pass through the openings, (ii) sag under the animals’ weight, or (iii) otherwise do not protect the animals’ feet or toes from injury are not adequate shelter. The outdoor tethering of an animal shall not constitute the provision of adequate shelter (a) unless the animal is safe from predators and well suited and well equipped to tolerate its environment; (b) during the effective period for a hurricane warning or tropical storm warning issued for the area by the National Weather Service; or (c) (1) during a heat advisory issued by a local or state authority, (2) when the actual or effective outdoor temperature is 85 degrees Fahrenheit or higher or 32 degrees Fahrenheit or lower, or (3) during the effective period for a severe weather warning issued for the area by the National Weather Service, including a winter storm, tornado, or severe thunderstorm warning, unless an animal control officer, having inspected an animal’s individual circumstances in clause (c) (1), (2), or (3), has determined the animal to be safe from predators and well suited and well equipped to tolerate its environment.

“Adequate space” means sufficient space to allow each animal to (i) easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the animal and (ii) interact safely with other animals in the enclosure. When an animal is tethered, “adequate space” means that the tether to which the animal is attached 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 that is 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; is at least 15 feet in length or four times the length of the animal, as measured from the tip of its nose to the base of its tail, whichever is greater, except when the animal is being walked on a leash or is attached by a tether to a lead line or when an animal control officer, having inspected an animal’s individual circumstances, has determined that in such an individual case, a tether of at least 10 feet or three times the length of the animal, but shorter than 15 feet or four times the length of the animal, makes the animal more safe, more suited, and better equipped to tolerate its environment than a longer tether; does not, by its material, size, or weight or any other characteristic, cause injury or pain to the animal; does not weigh more than one-tenth of the animal’s body weight; and does not have weights or other heavy objects attached to it. The walking of an animal on a leash by its owner shall not constitute the tethering of the animal for the purpose of this definition. 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. The provisions of this definition that relate to tethering shall not apply to agricultural animals.

Washington
April 11, 2017
(Effective July 1, 2017)

No dog shall be tethered unattended for a reckless period of time. No dog who is sick, injured, in distress, heavily pregnant, or younger than 6 months old may be tethered.

RCW 16.52.011

Sec. 1. A new section is added to chapter 16.52 RCW to read as follows:
(1) Any dog that is restrained outside by a tether must only be restrained for a period of time that is not reckless and in compliance with this section.
(a) The dog shall not be tethered in a manner that results, or could reasonably result, in the dog becoming frequently entangled on the restraint or another object.
(b) If there are multiple dogs tethered, each dog must be on a separate tether and not secured to the same fixed point.
(c) The tether must allow the dog to sit, lie down, and stand comfortably without the restraint becoming taut and allow the dog a range of movement.
(d) A dog shall not be tethered if it is ill, suffering from a debilitating disease, injured, in distress, in the advanced stages of pregnancy, or under six months of age.
(e) A tethered dog must have access to clean water and necessary shelter that is safe and protective while tethered. The shelter and water vessel must be constructed or attached in such a way that the dog cannot knock over the shelter or water vessel.
(f) A dog shall not be tethered in a manner that results in the dog being left in unsafe or unsanitary conditions or that forces the dog to stand, sit, or lie down in its own excrement or urine.
(g) A dog shall not be tethered by means of a choke, pinch, slip, halter, or prong-type collar, or by any means other than with a properly fitted buckle-type collar or harness that provides enough room between the collar or harness and the dog’s throat to allow normal breathing and swallowing.
(h) The weight of the tether shall not unreasonably inhibit the free movement of the dog within the area allowed by the length of the tether.
(i) The dog shall not be tethered in a manner that causes the dog injury or pain.
(2) The provisions of subsection (1)(a) through (d) of this section do not apply to a dog that is:
(a) Tethered while it is receiving medical care or treatment under the supervision of a licensed veterinarian or is being groomed;
(b) Participating temporarily in an exhibition, show, contest, or other event in which the skill, breeding, or stamina of the dog is judged or examined;
(c) Being kept temporarily at a camping or recreation area;
(d) Being cared for temporarily after having been picked up as a stray or as part of a rescue operation;
(e) Being transported in a motor vehicle or temporarily restrained or tied after being unloaded from a motor vehicle;
(f) Being trained or used by a federal, state, or local law enforcement agency or military or national guard unit; or
(g) In the physical presence of the person who owns, keeps, or controls the dog.
(3) Each incident involving a violation of this section is a separate offense. A person who violates this section is subject to the following penalties:
(a) A first offense shall result in a correction warning being issued requiring the offense to be corrected by the person who owns, keeps, or controls the dog within seven days after the date of the 40 warning being issued in lieu of an infraction unless the offense poses an imminent risk to the health or safety of the dog or the dog has been injured as a result of the offense.
(b) A second offense is a class 2 civil infraction under RCW 7.80.120(1)(b).4 5
(c) A third or subsequent offense is a class 1 civil infraction under RCW 7.80.120(1)(a).

West Virginia

§ 61-8-19. Cruelty to animals; penalties; exclusions.

(a)(1) It is unlawful for any person to intentionally, knowingly or recklessly,

(H) Cruelly chain or tether an animal

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