Flagler Beach, Florida

Sec. 5-11. – Cruelty to animals.

Acts deemed as cruelty to animals as listed in F.S. §§ 828.12, 828.13 and 828.16, shall be punishable in this chapter.

(1) Chaining or tethering of dogs. Except as otherwise provided herein, the unsupervised, unattended outdoor tethering of a dog is prohibited, whether or not the dog is otherwise inside a fenced or enclosed outdoor area. Where the dog is being held or kept outdoors, a tether may be used as a means of direct control of the dog, only if all of the following conditions are met:

• Any tether must be of sufficient strength to prevent escape. The tether must be attached to the dog by a properly fitted and applied commercially available collar or harness made of leather or nylon and configured so as to protect the dog from injury and prevent entanglement with other objects and/or dogs. A swivel hook shall attach the tether to the collar and a swivel hook shall attach the tether to the point of tethering. A leash or lead shall not be attached directly to the dog’s neck in lieu of a manufactured collar or harness. Chain, choke, slip, or prong collars are prohibited during tethering of a dog. The tether shall not be attached to a stationary object or trolley at a point or location that would allow the dog to extend the tether over a fence or other object or edge in such manner that could result in the strangulation of or injury to the dog. The tether shall not be attached to any item that may become mobile, such as a car or truck.

• Any tether used must be of an appropriate size and weight reasonably necessary to restrain the dog without causing excessive strain or weight on the dog.

• No tethering system shall extend closer than six feet from any property line or fence line.

• A tethering system must allow a dog to move a distance of five times the length of the dog from shoulder to hip in all directions from the point of tethering.

• Multiple dogs must be tethered separately in a manner than prevents entanglement of the tethering systems.

• A dog attached to a tethering system must have access to water, shade, and dry ground at all times while tethered.

• Dog waste shall not be allowed to accumulate within the area in which a dog is tethered.

• An owner or responsible party must be on the property at all times while a dog is attached to a tethering system.

• Except as provided hereinafter, a dog shall be in visible range of the owner or responsible party at all times while attached to a tethering system. Notwithstanding the foregoing, the owner or responsible party may be out of visual range of the dog for one period per day of up to thirty (30) minutes between the hours of 7:00 a.m. and noon a.m. and one period per day of up to thirty (30) minutes between the hours of 12:01 p.m. and 9:00 p.m. The property owner or responsible party shall remain on the property and periodically monitoring the condition and safety of the dog during any such periods.

• A dog may never be left tethered and unattended on vacant or abandoned property.

• A dog shall not be tethered outdoors during weather events that may reasonably threaten the health of the dog. For purposes of this paragraph, weather events that may reasonably threaten the health of the dog include: temperatures above ninety (90) degrees Fahrenheit, temperatures below forty (40) degrees Fahrenheit, thunderstorms, tornadoes, tropical storms, and hurricanes.

• A dog that is sick or injured cannot be tethered as a means of confinement by the owner nor may a puppy under the age of six months be tethered at any time.

• A dog classified as dangerous pursuant to F.S. Ch. 767, or its successor, may only be kept on a tether according to the foregoing requirements if it is otherwise secured within a proper enclosure as required by law.

In accordance with F.S. § 163.3162, or its successor, the provisions of this subsection do not apply to dogs that are kept or used on lands being used for a bona fide farm operation on lands classified as agricultural pursuant to F.S. § 193.461 or its successor.

(2) Outdoor shelters:

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• Dogs shall not be housed outdoors during weather events that may reasonably threaten the health of the dog. For purposes of this paragraph, weather events that may reasonably threaten the health of the dog include: temperatures above ninety (90) degrees Fahrenheit, temperatures below forty (40) degrees Fahrenheit, thunderstorms, tornadoes, tropical storms, and hurricanes.