Phoenix, Arizona

Sec. 8-3.08. Unlawful restraint of dog.

A. For purposes of this section:

“Collar” means any collar constructed of nylon, leather, metal, or similar material, specifically designed to be used on a dog.

“Direct supervision or control” means when a dog is kept within the visual range of the owner or handler at all times while outside.

“Extreme weather conditions” means:

a. The actual or effective outdoor temperature is below 32 degrees Fahrenheit or above 100 degrees Fahrenheit;

b. A heat advisory has been issued by a local, State, or national authority for the area; or

c. A monsoon, hurricane, tropical storm, dust storm or tornado warning has been issued for the area by a local, State, or national authority.

“Owner” means a person who owns or has custody or control of a dog.

“Properly fitted” means a collar that measures the circumference of a dog’s neck plus one inch.

“Restraint” means a rope, tether, leash, cable, or other device that attaches a dog to a stationary object or trolley system. It is not permissible to use a chain as a restraint.

B. It is unlawful to confine a dog on private property by use of a tether, trolley, or similar restraint unless the dog is under direct supervision or control by the owner or handler. An owner shall not restrain a dog outside by use of a choke collar or pinch collar or at any time during extreme weather conditions. Any restraint used in accordance with this chapter must not unreasonably limit a dog’s movement or cause distress to the dog.

A restraint unreasonably limits a dog’s movement if the restraint:

1. Uses a collar that is not properly fitted to the dog;

2. Is in length shorter than six feet;

3. Places the dog in unsafe or unsanitary conditions;

4. Causes injury to the dog; or

5. Does not permit the dog access to food, water, shade, dry ground, or adequate shelter.

C. Penalty.

1. A person found responsible for violating subsection B of this section must be assessed a fine not less than $250.00.

2. Upon a second conviction under subsection B of this section, a person is guilty of a Class 1 misdemeanor punishable by jail for a term of not less than 48 hours and a fine of not less than $1,000.00.

3. Upon a third conviction under subsection B of this section, a person is guilty of a Class 1 misdemeanor punishable by jail for a term of not less than 15 consecutive days and a fine of not less than $2,000.00.

D. A person who has restrained a dog in compliance with subsection B of this section is not in violation of Section 8-14(A).