Hapeville, GA Prohibiting the Chaining or Tethering of Dogs

Type: Ordinance

Status: Adopted on 10/7/08

Source File: http://www.hapeville.org/DocumentView.asp?DID=1016

Text:

ORDINANCE NO. 2008-15
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF HAPEVILLE, GEORGIA WITH RESPECT TO ANIMAL CONTROL; TO ADD SECTION 8-1-6 TO PROHIBIT THE CHAINING OR TETHERING OF DOGS; TO PROVIDE PENALTIES; TO PROVIDE FOR REPEAL OF CONFLICTING ORDINANCES; TO PROVIDE FOR ADOPTION AND EFFECTIVE DATE; TO PROVIDE FOR CODIFICATION; AND TO PROVIDE FOR OTHER LAWFUL PURPOSES.

WHEREAS, the Humane Society of the United States has reported that the continuous chaining or tethering of dogs is both inhumane and a threat to the safety of the confined dog, other animals and humans and that dogs tethered for long periods can become highly aggressive;

WHEREAS, the U.S. Department of Agriculture issued a statement in the July 2, 1996 indicating that the continuous confinement of dogs by a tether is inhumane; and

WHEREAS, a study published in the September 15, 2000 issue of the Journal of the American Veterinary Medical Association reported that 17 percent of dogs involved in fatal attacks on humans between 1979 and 1998 were restrained on the owners’ property at the time of the attack; and

BE IT, AND IT IS HEREBY ORDAINED by the Mayor and Council of the City of Hapeville and under the authority thereof that:

Section 1.
The Code of Ordinances, City of Hapeville, Georgia is hereby amended by adding section 8-1-6, which said section reading as follows:

“Sec. 8-1-6. Tethering of dogs.

(a) As used in this section, tether means to restrain a dog by tying it to any object or structure, including without limitation a house, tree, fence, post, garage, or shed, by any means, including without limitation a chain, rope, cord, or leash. Tethering shall not include using a leash to walk a dog and shall not include a pulley, running line, or trolley systems.

(b) It shall be unlawful for any person to tether a dog while outdoors, except when all of the following conditions are met:

(1) The dog is in visual range of the responsible party, and the responsible party is located outside with the dog.

(2) The tether is connected to the dog by a buckle-type collar or a body harness made of nylon or leather, not less than one inch in width.

(3) The tether has the following properties. It is at least five times the length of the dog’s body, as measured from the tip of the nose to the base of the tail; it terminates at both ends with a swivel; it does not weigh more than 1/8 of the dog’s weight; and it is free of tangles.

(4) The dog is tethered in such a manner as to prevent injury, strangulation, or entanglement.

(5) The dog is not outside during a period of extreme weather, including without limitation extreme heat or near-freezing temperatures, thunderstorms, tornadoes, tropical storms, or hurricanes.

(6) The dog has access to water, shelter, and dry ground.

(7) The dog is at least six (6) months of age. Puppies shall not be tethered.

(8) The dog is not sick or injured.

(9) If there are multiple dogs, each dog is tethered separately.

(c) Any person who violates this section shall be guilty of a misdemeanor and subject to a fine of up to $500.00 and/or imprisonment in jail for a period not to exceed 60 days, or both. Each and every violation of this section constitutes a separate offense.”

Section 2.

a. It is hereby declared to be the intention of the Mayor and Council that all sections, paragraphs, sentences, clauses and phrases of this Ordinance are or were, upon their enactment, believed by the Mayor and Council to be fully valid, enforceable and constitutional.

b. It is hereby declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, each and every section, paragraph, sentence, clause or phrase of this Ordinance is severable from every other section, paragraph, sentence, clause or phrase of this Ordinance. It is hereby further declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, no section, paragraph, sentence, clause or phrase of this Ordinance is mutually dependent upon any other section, paragraph, sentence, clause or phrase of this Ordinance.

c. In the event that any phrase, clause, sentence, or section of this Ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by the valid judgment or decree of any court of competent jurisdiction, it is the express intent of the Mayor and Council that such invalidity, unconstitutionality, or unenforceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any of the remaining phrases, clauses, sentences, paragraphs or sections of the Ordinance and that, to the greatest extent allowed by law, all remaining phrases, clauses, sentences, paragraphs, and sections of the Ordinance shall remain valid, constitutional, enforceable, and of full force and effect.

Section 3.
All Ordinances and parts of Ordinances in conflict herewith are hereby expressly repealed.

Section 4.
This Ordinance shall become effective upon its adoption by the Mayor and Council.

Section 5.
The preamble of this Ordinance shall be considered to be and is hereby incorporated by reference as if fully set out herein.

Section 6.
The Ordinance shall be codified in a manner consistent with the laws of the State of Georgia and the City of Hapeville.

Section 7.
It is the intention of the governing body, and it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Code of Ordinances, City of Hapeville, Georgia and the sections of this Ordinance may be renumbered to accomplish such intention.