Arab, Alabama

February 6, 2017

Dogs may not be tethered to a stationary object. Attaching dogs to a running line or trolley is permitted under certain conditions.

Sec. 3-15. – Basic standards for control of dogs and for care of dogs kept habitually outside.

(a) Duty to restrain and contain dogs.

(1) It shall be the duty of every owner or person in charge of a dog to keep the animal under effective restraint, while the dog is within the city, whether or not the dog is upon or away from his premises. It shall be unlawful for the owner or person in charge of any dog to fail to keep the animal under effective restraint. Proof that a dog is not properly restrained, whether on or off the premises of the owner or person in charge, shall be prima facie evidence of a violation. Competent evidence that the failure was occasioned by an unforeseeable and independent act of a third person shall shift the burden on the city to prove otherwise.

(2) The method used to contain a dog while on his premises is within the discretion of the owner provided the conditions do not present a hazard to the dog, a hazard to the general public and are otherwise in compliance with the provisions of this section. Ordinary containment methods include housing the dog inside of a residential structure, use of a fence or use of a pen or trolley line, provided that the provisions set forth herein are met.

(b) Chaining/tethering of dogs.

(1) Direct point chaining, or tethering of dogs to a stationary object, is prohibited. Dogs may be restrained by means of a trolley system, or a tether attached to a pulley on a cable run, if the following conditions are met:

a. Only one dog may be tethered to each cable run.

b. The tether must be attached to a properly fitting harness or collar worn by the dog. Choke collars, pinch collars and prong collars are prohibited for purposes of tethering a dog to a cable run.

c. There must be a swivel on at least one end of the tether to minimize tangling of the tether.

d. The tether and cable run must be of adequate size and strength to effectively restrain the dog. The size and weight of the tether must not be excessive, as determined by the Animal Control officer, considering the age, size and health of the dog.

e. The length of the tether from the cable run to the dog’s harness should allow access to a reasonable available exercise area and should allow continuous access to water and shelter. The trolley system must be of appropriate configuration to confine the dog to the owner’s property, to prevent the tether from extending over an object or an edge that could result in injury to the dog, and to prevent the tether from becoming tangled with other objects or animals.

(2) Notwithstanding the foregoing, a dog may be tethered while actively participating in or attending an organized show, field trial, agility event, herding contest or other similar exposition or event conducted outdoors, of a limited duration, that involves the judging or evaluation of animals, or when under the care and supervision of a licensed veterinarian.

(3) In all cases, any person who tethers a dog in accordance with this section shall ensure that the animal is tethered in a manner as to prevent injury, strangulation, entanglement or neglect.

(4) No person owning or keeping a dog may subject the dog to cruel conditions or inhumane tethering at any time. Cruel conditions and inhumane tethering are defined as, but not limited to, the following conditions:

a. Filthy and dirty confinement conditions, including but not limited to exposure to excessive animal waste, garbage, dirty water, noxious odors, dangerous objects that could injure or kill the dog upon contact, or other circumstances that could cause harm to the dog’s physical health.

b. Taunting, prodding, hitting, harassing, threatening or otherwise harming a tethered or confined dog.

c. Subjecting the dog to dangerous conditions, including but not limited attack by other animals.

(5) Any dog kept habitually outside which is not constrained in accordance with the provisions of this section must be kept inside a residential structure or in a fenced area or pen which is suitable for the size of the dog as determined by the animal control officer.

 (Ord. No. 2017-1, §§ 1—4, 2-6-17)