November 7, 2018
Dogs may not be tethered between the hours of 10 p.m. and 6 a.m. or for more than 30 minutes in adverse weather conditions.
505.03 CRUELTY TO ANIMALS; PENALTIES; EXCLUSIONS.
(a) Definitions. The following terms shall have the meanings ascribed for the purposes of
(1) 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 80 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. . . .
(4) Cruelly tether –
(A) The term “Cruelly tether” means attaching a dog to a physical restraint under the following conditions:
(i) the dog is a nursing female, or is less than six months old;
(ii) outdoors between the hours of 10 p.m. and 6 a.m.,
(iii) in an unoccupied building or upon vacant property;
(iv) 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;
(v) in a manner that exposes the dog to adverse environmental conditions for more than 30 minutes;
(vi) 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 designed for dogs;
(vii) 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;
(viii) with a tether on which more than one dog is restrained;
(ix) 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;
(x) 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;
(xi) with a chain or tether that weighs more than one-eighth of the dog’s body weight;
(xii) in such a manner as to limit its ability to urinate or defecate in an area separate from where it must eat, drink, or lie down; or
(xiii) in such a manner as to prohibit its access to food, water, dry ground or shelter
(B) The term “Cruelly tether” does not include the following:
(i) Attaching a dog to a running line, pulley, or trolley system, if the tether has swivels at both ends to prevent entanglement and only if the dog has access to shelter from adverse environmental conditions:
(ii) Tethering, fastening, chaining, tying, or otherwise restraining a dog pursuant to the requirements of a camping or recreational area.
(iii) Tethering, fastening, chaining, or tying a dog during the restricted hours of 11 p.m. and 5 a.m. for no longer than is necessary for the person to complete a temporary task that requires the dog to be restrained for a reasonable period, which shall not exceed one (1) hour.
(iv) Tethering, fastening, chaining, or tying a dog while engaged in, or actively training for an activity that is conducted pursuant to a valid license issued by the State of West Virginia if the activity for which the license is issued is associated with the use or presence of a dog. Nothing in this section 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.
(v) Tethering, fastening, chaining, or tying 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 an agricultural operation, if the restraint is reasonably necessary for the safety of the dog.
(C) The specific activities defined in Paragraph (2)(A)(ii), (ix), and (x) of this Section shall not constitute “cruelly tethering” a dog when the dog’s owner or a 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 person present is blind or visually impaired so that the person cannot see the dog due to the blindness or visual impairment, in which case the person present shall remain immediately adjacent to the dog at all times while the dog is tethered. . . .
(b) Unlawful treatment. It is unlawful for any person to intentionally, knowingly, or recklessly . . .
(12) Cruelly chain or tether an animal.