Tethering/Chaining

Niagara Falls, New York

March 6, 2019

Dogs may not be tethered for longer than an hour in extreme weather.

702.01 Regulations

(a) Prohibition. No person who owns or has custody or control of a dog shall knowingly leave such dog outdoors, tethered or otherwise, for longer than a period of one continuous hour at such time as when either (1) the actual air temperature is lower than 32⁰ Fahrenheit (not accounting for wind chill), (2) the actual air temperature is greater than 90⁰ Fahrenheit (not accounting for humidity levels), or (3) during such period of time as extreme weather conditions exist, where any such condition in (1), (2), or (3) above is actually known to such person or reasonably should have been known to such person. Actual harm or injury need not be shown to prove a violation of the prohibition in this subsection.

(b) Rebuttable Presumptions. Extreme weather conditions shall be presumed to have been present in the event that a weather alert was in effect for a region reasonably construed and commonly understood to be affecting the region in which the dog was left outdoors and during such time as the dog was left outdoors.
A dog exhibiting signs of frostbite shall be presumed to have been left outdoors for longer than a period of one continuous hour at such time as when the actual air temperature was lower than 32⁰ Fahrenheit.
A dog exhibiting signs of heatstroke shall be presumed to have been left outdoors for longer than a period of one continuous hour at such time as when the actual air temperature was greater than 90⁰ Fahrenheit. Exceptions. This ordinance shall not apply:
– To dogs on a leash or other restraint under direct supervision or control of persons actively engaged in recreational activities, including walking, jogging, or running; and
– To dogs required to be tethered under an applicable law, rule, regulation, or court order.

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 Ingrid E. Newkirk

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