At the April 28, 2008 City Council Meeting, an ordinance was passed prohibiting the tethering of dogs.  Dog tethering means using a chain, rope, tether, leash, cable, or other device to attach a dog to a stationary object or trolley system.

Definitions

Direct Physical Control means within the owner's observation and in such close proximity as to permit the owner reasonable opportunity to control the animal, should it become necessary to do so in order to protect the animal, a human or other animal from harm.

Properly Fitted, with respect to a collar or other neck restraint for a dog, means a restraint that measures the circumference of a dog's neck plus a minimum of one inch additional length.  With respect to a harness, properly fitted means a restraint that is of an adequate size, design, and construction as to be appropriate for the dog's size and weight.

Animal Care

1. No owner shall fail to provide his or her animal or animals with sufficient wholesome food or water, adequate shelter and protection from weather, and veterinary care when needed to prevent suffering.

2. No person shall beat, cruelly treat, torment, mentally abuse, overload, overwork, or abuse an animal, or cause, instigate, or permit any dogfight, cock-fight, bullfight, or other combat between animals or between animals and humans.

3. No person shall abandon an animal that is in his or her custody.

4. No person shall donate or agree to donate any live animal as a prize for or as an inducement to enter any contest, game, or other competition or an inducement to enter a place of business, or offer such animal as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade.

5. Any person who, as the operator of a motor vehicle, strikes a domestic animal shall immediately report such injury or death to the animal's owner.  In the event the owner cannot be ascertained and located, such operator shall at once report the accident or incident to the Watauga Police Department or to the local humane society.

6. No person shall expose any known poisonous substance, whether mixed with food or not, so that same shall be liable to be eaten by any domestic animal or person.  This Article is not intended to prohibit the prudent use of herbicides, insecticides, or rodent control materials.  No person shall expose an open trap or metal jaw-type device or trap that shall be liable to injure any domestic animal or person.

Restraint

1. It shall be unlawful for a person to use a chain, rope, tether, leash, cable or other device to attach a dog to a stationary object or trolley system.

2. It is an affirmative defense to a violation of subsection (a) that the dog tethering:

1. is during a lawful animal event, veterinary treatment, grooming, training or law enforcement activity;

2. is required to protect the safety or welfare of a person or the dog, and the dog's owner maintains direct physical control of the dog; or

3. occurs on the owner's premises and

1. while the dog is within the owner's direct and immediate physical control; and

2. prevents the dog from advancing within fifteen (15) feet of the edge of any public street.

   c.   The affirmative defenses provided in subsection (b) are only available if the
         following specifications are met:

1. The chain, rope, tether, leash, cable or other device is attached to a properly fitted collar or harness worn by the dog;

2. The chain, rope, tether, leash, cable or other device is not placed directly around the dog's neck;

3. The chain, rope, tether, cable or other device does not exceed 1/20 of the dog's body weight;

4. The chain, rope, tether, leash, cable or other device, by design and placement allows the dog a reasonable and unobstructed range of motion without entanglement; and

5. The dog has access to adequate shelter and clean and wholesome water.

   d.   A person commits an offense of the person intentionally, knowingly, or
         recklessly fails to comply with any provision or requirement of this Article.
         An offense under this Article is a Class C Misdemeanor and is punishable by a
         fine in accordance with Section 1.109 of the City of Watauga Code of
         Ordinances. If a person fails to comply with this Article with respect to more
         than one (1) dog, the person's conduct with respect to each dog constitutes
         a separate offense.

 

   e.   This Section does not prohibit a person from walking a dog with a hand-held

         leash.

 

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