California Law Regarding Tethering of Dogs
In 2007, California became the second state to pass a law regarding the tethering of dogs. It became the first state to put a specific time limit on how long dogs can legally be tethered. The law also prohibits some specific behaviors, such as tying a dog to a stationary object, while allowing for some exemptions.
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Restricted Activity
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Under California law, it's illegal to tether a dog to a stationary object such as a tree, doghouse or fence. Any attempt to fasten, tie, chain or restrain a dog to a stationary object is a violation of the law. It's further prohibited to tether a dog to a running line, trolley or pulley with a choke collar or pinch collar.
Permitted Activity
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It's lawful to fasten a dog to a running line, trolley or pulley as long as a choke collar or pinch collar is not employed. It's also permissible to tether a dog to comply with the requirements of a camping or recreational area; while the dog is working in the business of shepherding or herding cattle or livestock; or in the conduct of validly licensed conduct that requires the presence of a dog. A dog may also be tethered while involved in the cultivation of agricultural products (including crops and animals) if the restraint is necessary for the safety of the dog.
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Reasonable Time Period
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It's also legal to tether a dog for any activity not fitting into the express exemptions, provided that the restraining of the dog is necessary for the completion of the task, is temporary and lasts only for a reasonable period of time. California law defines a reasonable period of time as no more than three hours in a 24-hour period. Animal control, however, can authorize a longer reasonable period in particular cases.
Penalties
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Violation of the dog-tethering laws in California is either an infraction or a misdemeanor, depending on the severity. Upon conviction, an infraction is punishable by a fine of up to $250 per illegally tethered dog. A misdemeanor violation carries a penalty of up to $1,000 in fines per dog, six months in county jail or both. Animal control has the discretion to simply issue a warning requiring a dog owner to correct the violation instead of recommending criminal charges, but it may not issue a warning if the dog has been injured by the violation or a previous warning has been issued.
Leashes
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The dog-tethering laws in California don't prohibit walking a dog on a leash. The hand-held leash doesn't violate the tethering-to-a-stationary-object prohibition. There is also express provision in the dog-tethering laws that hand-held leashes are legal. Finally, hand-held leashes are consistent with the purpose of the law, which is to prevent tethering that could cause the dog to become loud, stressed or angry or that could pose a choking risk. Walking dogs on leashes doesn't cause these potential nuisances and is healthy for dogs.
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- Photo Credit dog image by Michal Tudek from Fotolia.com
