May 12, 2003
It shall be an unlawful act if any person violates any provision of this ordinance and it shall constitute a Class 4 misdemeanor.
Chaining or tethering dogs is prohibited. Attaching dogs to a running line or trolley is permitted, provided that the line is at least 10 feet long. Enclosures must provide a minimum of 150 square feet for dogs over 6 months of age.
Ordinance No. 1169
AN ORDINANCE TO PROHIBIT THE CHAINING
OR TETHERING OF DOGS AND MANDATING THAT DOG
ENCLOSURES MUST PROVIDE 150 SQUARE FEET OF SPACE
FOR DOGS OVER SIX MONTHS OF AGE
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS:
Section 1. Any person owning and/or controlling dogs whether vaccinated or unvaccinated, licensed or unlicensed, shall not allow said animal to be tied or chained to dog houses, or other stationary objects.
Section 2. No person shall, at any time, fasten, chain, or tie any dog or cause such dog to be fastened, chained or tied while such dog is on the dog owner’s property or on the property of the dog owner’s landlord, or on any property within the corporate limits of the City of Fairhope.
Section 3. Any dogs confined within a fenced yard must have an adequate space for exercise based on a dimension of at least 150 square feet per dog. Provided, further that where dogs are kept or housed on property without a fenced yard, the owner of such dogs or persons have custody of such dogs shall provide an enclosure for such dogs meeting the 150 square foot per dog dimension. Such enclosure shall be constructed of chain link or similar type materials with all four sides enclosed. The enclosure shall be sufficient height to prevent the dog from escaping from such enclosure, and shall meet the requirements of the Alabama animal rights protection act 13A-11-241.
Section 4. Nothing in this ordinance shall be construed to prohibit owners or others walking dogs with a hand held leash.
Section 5. Nothing in this ordinance shall be construed to prohibit owners from allowing dogs to be attached to over head runs (i.e. leash or chain attached to an over head wire at least 10 feet long, that allows the dog to move unheeded.)