Indian River County, Florida

Section 302.051. – Cruelty to animals.

(B) The following are cruelty to animal violations under this chapter, and, pursuant to F.S. § 828.27(6), as may be amended from time to time, require mandatory court appearances, as set forth on the citation issued for the violation(s), for any person:

(1) To tether, impound or confine any animal in any place or place of protection from the elements without water at all times and sufficient food daily except under veterinary supervision; to keep any animal in any insufficient protection from the elements to fail to provide protection from the elements, clean quarters, and medical attention for sickly, diseased, or injured animals; or to abandon any animal. However, this chapter shall not require the provision of protection from the elements and clean quarters for livestock in open pasture.

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(D) Except as set forth in (B)(1) above and (F) below, an animal may be exclusively restrained by a tether provided it meets all of the following requirements:

(1) The tether is more than ten (10) feet in length, with swivels at both ends;

(2) The tether is properly attached to a pulley or trolley mounted on a cable that is also more than ten (10) feet in length;

(3) The pulley or trolley is mounted at least four (4) feet and no more than seven (7) feet above ground level in a manner so as not to interfere, or become entangled, with objects on the property;

(4) The tethering system employed does not allow the animal to leave the owner’s property;

(5) The tether is a cable not greater than 3/16 inches in diameter and the tether does not weigh more than one-eighth (⅛) of the animal’s body weight;

(6) The tether is attached to a properly fitting collar or harness worn by the animal; and

(7) The collar or harness is not a choker collar.

(E) It is not a violation of this part to tether an animal if it:

(1) Is tethered in accordance with the regulations of a camping or recreations area;

(2) Is being cared for as part of a rescue operation during a natural or manmade disaster;

(3) Is in attendance at, or participating in, any legal, organized publicly attended event in which both the dog and the owner are permitted attendees or participants;

(4) Is actively engaged in conduct that is directly related to the business of shepherding or herding cattle or livestock or a related business of cultivating agricultural products, as long as the restraint is necessary for the safety of the dog;

(5) Is tethered, chained, tied or restrained by a veterinarian or groomer while attending to the dog;

(6) Is trained or being trained, to act in a law enforcement capacity;

(7) Is being lawfully used to actively hunt a species of wildlife in this state, during the hunting season, for that species of wildlife;

(8) Is tethered temporarily while being kept in a bona fide humane shelter approved by the department or at a commercial boarding facility.

(F) The following are cruelty to animal violations under this chapter that do not require mandatory court appearances, except as otherwise set forth herein, for any person to tether an animal:

(1) For more than one hour between the hours of 9:00 a.m. and 5:00 p.m. when the outdoor temperature exceeds ninety (90) degrees Fahrenheit.

(2) If the animal is less than six (6) months of age, however, an animal under the age of six (6) months old may only be tethered, if attended to by the owner, harborer or keeper, during the entire time the animal is tethered.

(3) If the animal is sick or injured.

(4) If the owner has been issued a “letter of dangerous propensity” for that dog by the department, or if the dog has been declared dangerous in accordance with F.S. Ch. 767, or if the person responsible for the dog has knowledge of the dog’s prior aggressiveness, unless the tethered dog is in a fenced enclosure that will prevent the public or domestic animals from coming in contact with the tethered dog.