RESTRICTIONS ON TETHERING DOGS

Irresponsible pet owners triggered passage of a new law regarding the mistreatment of dogs. The new statute, Health & Safety Code §122335, prohibits persons from tethering, fastening, chaining, tying, or restraining a dog to a dog house, tree, fence, or other stationary object for more than three hours in a 24-hour period. Violations can result in a misdemeanor and fines.

Nuisance & Injury. Dogs that are tethered for extended periods often create a nuisance by whining and barking, either out of loneliness, boredom, or distress. Moreover, they are prone to injury from choke chains, entanglement in their tethers, and heat stroke.

RECOMMENDATION. Instead of relying solely on the new statute and county agencies, associations should consider adopting their own rules against tethering as well as prohibitions on leaving dogs on patios or balconies for extended periods of time. By adopting their own rules, associations can levy fines for violations, in addition to calling animal control for statutory violations.

Updated by ADAMS KESSLER 10/30/2007