Allen, Texas

October 27, 2009

Sec. 3-3. – Running at large/restraint.
(a) It shall be unlawful for an owner of an animal without regard to mental state, to fail to keep the animal from running at large.
(b) It shall be unlawful for an owner or harborer to allow a dog or other animal to be tethered to a stationary object or in a location so as to create an unhealthy situation for the animal or a potentially dangerous situation for a pedestrian as determined by the animal control authority. The term “unhealthy situation” shall include, but not be limited to, the following:
(1) To tether any animal in such a manner as to cause the animal injury;
(2) To tether any animal in such a manner as to not permit the animal access to shelter, food, or water. It shall be an affirmative defense to this subsection that the owner or harborer was in the same location as the dog or other animal while the animal was tethered;
(3) To tether any animal in such a manner as to permit the animal to leave the premises owned, leased, or occupied by the dog’s owner or harborer or to permit the animal access on any public right-of-way;
(4) To tether any animal in such a manner as to permit the animal to leave the owner or harborer’s property;
(5) To allow any tethered animal to become entangled; or
(6) To use a collar that is pinch-type, prong-type, or choke-type or that is not properly fitted to the dog.
(c) An owner may not leave a dog outside and unattended by use of a restraint that unreasonably limits the dog’s movement:
(1) Between the hours of 10:00 p.m. and 6:00 a.m.;
(2) Within five hundred (500) feet of the premises of a school; or
(3) In the case of extreme weather conditions, including conditions in which: a. The actual or effective outdoor temperature is below thirty-two (32) degrees Fahrenheit;
b. A heat advisory has been issued by a local or state authority or jurisdiction; or
c. A hurricane or tornado warning has been issued for the jurisdiction by the National Weather Service.
(Ord. No. 1859-8-00, § 1, 8-3-2000; Ord. No. 2867-10-09, § 1, 10-27-2009)

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 Ingrid E. Newkirk

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