Sec. 8-3.08. Unlawful restraint of dog.
A. For purposes of this section:
"Collar" means any collar constructed of nylon, leather, metal, or similar material, specifically designed to be used on a dog.
"Extreme weather conditions" means:
a. The actual or effective outdoor temperature is below 32 degrees Fahrenheit or above 100 degrees Fahrenheit;
b. A heat advisory has been issued by a local, State, or national authority for the area; or
c. A monsoon, hurricane, tropical storm, dust storm or tornado warning has been issued for the area by a local, State, or national authority.
"Owner" means a person who owns or has custody or control of a dog.
"Properly fitted" means a collar that measures the circumference of a dog’s neck plus one inch.
"Restraint" means a rope, tether, leash, cable, or other device other than a chain that attaches a dog to a stationary object or trolley system.
B. An owner shall not restrain a dog outside by use of a choke collar or pinch collar, or a restraint that unreasonably limits the dog’s movement, or during extreme weather conditions.
A restraint unreasonably limits a dog’s movement if the restraint:
1. Uses a collar that is not properly fitted to the dog;
2. Is in length shorter than ten feet;
3. Places the dog in unsafe or unsanitary conditions;
4. Causes injury to the dog; or
5. Does not permit the dog access to food, water, shade, dry ground, or adequate shelter at all times.
C. Penalty.
1. A person found responsible for violating subsection B of this section must be assessed a fine not less than $250.00.
2. Upon a second conviction under subsection B of this section, a person is guilty of a Class 1 misdemeanor punishable by jail for a term of not less than 48 hours and a fine of not less than $1,000.00.
3. Upon a third conviction under subsection B of this section, a person is guilty of a Class 1 misdemeanor punishable by jail for a term of not less than 15 consecutive days and a fine of not less than $2,000.00.
D. A person who has restrained a dog in compliance with subsection (B)(2) of this section is not in violation of Section 8-14(A). (Ord. No. G-6167, 2016; Ord. No. G-7131, § 2, 2023)