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Overview of State Dog Tethering Laws

Rebecca F. Wisch


Animal Legal & Historical Center
Publish Date:
2009
Place of Publication: Michigan State University College of Law
Printable Version

Overview of State Dog Tethering Laws

 

“In which states is it illegal to chain or tether your dog?”

Tethering or chaining a dog under most state laws means that a person ties a dog with a rope or line to a stationary object. While the laws themselves vary from state to state, they do have several consistent features. Some laws that address tethering allow a dog to be tethered for a reasonable period of time. California prohibits tethering a dog to a stationary object, but allows a dog to be tethered “no longer than is necessary for the person to complete a temporary task that requires the dog to be restrained for a reasonable period.” Connecticut makes it illegal for a dog to be confined or tethered for an unreasonable period of time. What constitutes an “unreasonable period” is not defined by statute in Connecticut. However, Texas law states that a reasonable period is one that does not exceed three hours in a 24-hour period, and is “no longer than is necessary for the owner to complete a temporary task that requires the dog to be restrained.”

 

Other states include tethering as part of their anti-cruelty chapters. Indiana defines “neglect” as restraining an animal for more than a brief period in a manner that endangers the animal's life or health by the use of a rope, chain, or tether. West Virginia and the District of Columbia include “cruelly chains” in its list of activities that constitute misdemeanor animal cruelty.

 

Some states specify the manner as to how a dog must be tethered or chained. For example, Delaware law provides that a tether shall be 6 feet or at least 3 times the length of the dog as measured from the tip of its nose to the base of its tail. Likewise, Indiana and Michigan also require that the tether be three times the length of the dog. Many states require that the tether allow the dog unencumbered access to food, water, and shelter. States that do allow some form of tethering usually require that the tethering must be done in a manner that does not endanger the dog’s welfare.

 

The table below provides a summary of each state law that addresses tethering. A link is provided in the citation that goes to the actual text of the law.

 

 

 Table of State Laws that Deal with Chaining or Tethering

 

 

State Name

Citation and Link

Summary of Law

Penalty

California

West’s Ann. Cal. Health & Safety Code § 122335

 

No person shall tether, fasten, chain, tie, or restrain a dog to any dog house, tree, fence, or other stationary object. A person may temporarily tether a dog “no longer than is necessary for the person to complete a temporary task”

 

 

Infraction or a misdemeanor

 

An animal control may issue a correction warning to a person who violates this chapter, requiring the owner to correct the violation, in lieu of an infraction or misdemeanor, unless the violation endangers the health or safety of the animal, the animal has been wounded as a result of the activity

Connecticut

CT ST § 22-350a

 

Cannot confine or tether a dog for an unreasonable period of time

 

Fine of no more than $100 for 1st offense

 

$100-250 for 2nd offense

 

$250-500 for any subsequent offenses

Delaware

DE ST TI. 7 § 1704

 

Law addresses the design of the tether:

 

  • Outdoor dog houses: the tethers shall be attached so that the dog cannot become entangled with other objects or come into physical contact with other

 

  • The tether shall be 6 feet or at least 3 times the length of the dog as measured from the tip of its nose to the base of its tail

 

  • Must allow the dog convenient access to the dog house and to food and water containers.

 

District of Columbia

DC ST § 22.1001

 

For the purposes of this section, "cruelly chains" means attaching an animal to a stationary object or a pulley by means of a chain, rope, tether, leash, cable, or similar restraint under circumstances that may endanger its health, safety, or well-being

 

Cruelly chains includes a tether that:

 

  • Causes the animal to choke

 

  • Does not permit the animal to reach food, water, shade, dry ground

 

  • Does not permit the animal to escape harm

 

Imprisonment in jail not exceeding 180 days, or by fine not exceeding $250, or by both

 

Indiana

IN ST § 35-46-3-.05

 

Neglect means restraining an animal for more than a brief period in a manner that endangers the animal's life or health by the use of a rope, chain, or tether that:

 

  • is too heavy

 

  • causes the animal to choke

 

  • is less than 3x the length of the animal

 

  • seriously endangers the animal's life or health

 

Not specifically listed

Maine

ME ST. Tit. 7 § 3972

 

Unlawful to tie, tether or restrain any animal in a manner that is inhumane or detrimental to its welfare

Any person who makes unlawful use of animals contrary to this section commits a civil violation for which a forfeiture not to exceed $100

Maryland

MD CRIM LAW § 10-623

 

A person may not leave a dog outside and unattended by use of a restraint

that unreasonably limits the movement of the dog;

Or one that uses a collar that:

·        is made primarily of metal

·        is not at least as large as the circumference of the dog's neck plus 1 inch

·        that restricts the access of the dog to suitable and sufficient clean water or appropriate shelter

·        in unsafe or unsanitary conditions

·        that causes injury to the dog

Misdemeanor subject to imprisonment not exceeding 90 days or a fine not exceeding $1,000 or both

Michigan

M.C.L. § 750.50

 

An owner, possessor, or person having the charge or custody of an animal shall not tether a dog unless the tether is at least 3 times the length of the dog as measured from the tip of its nose to the base of its tail and is attached to a harness or nonchoke collar designed for tethering.

If one animal involved, 93 day$1,000 misdemeanor

 

2 or 3 animals or the death of an animal, 1 year/$2,000 misdemeanor

 

4-10 animals or at least one previous conviction 2 year/$2,000 felony

 

10 or more animals, 4 year/$5,000 felony

Texas

TX HEALTH & S § 821.076 - 081

 

An owner may not leave a dog outside and unattended by use of a restraint that unreasonably limits the dog's movement during certain times of day or during extreme weather

 

A restraint unreasonably limits a dog's movement if the restraint is a length shorter than the greater of 5x the length of the dog, as measured from the tip of the dog's nose to the base of the dog's tail or 10 feet.

 

Also if it is in an unsafe condition; or causes injury to the dog.

 

Does not apply to running line, pulley, or trolley system if the collar meets requirements

 

Class C misdemeanor unless previously convicted under this chapter – then a Class B misdemeanor

Vermont

VT ST. T.13 § 352

 

A person commits the crime of cruelty to animals if he or she ties, tethers, or restrains an animal, either a pet or livestock, in a manner that is inhumane or is detrimental to its welfare

 

Virginia

VA ST § 3.2-6500

 

Each owner shall provide for each of his companion animals adequate space

 

For purposes of tethering "adequate space" means a tether that:

 

  • appropriate to the age and size of the animal;

 

  • is attached to the animal by a properly applied collar, halter, or harness

 

  • configured so as to protect the animal from injury and prevent the animal or tether from becoming entangled with other objects or animals,

 

  • at least three times the length of the animal, as measured from the tip of its nose to the base of its tail

Class 4 misdemeanor

West Virginia

WV ST § 61-8-19

 

It is unlawful for any person to intentionally, knowingly or recklessly cruelly chain or tether an animal

Misdemeanor with fine of not less than $300 nor more than $2,000 or confined in jail not more than six months

 

 

 

 

 

 

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