Mesquite, Texas

Sec. 4-328. – Tethering animals—Unlawful restraint of an animal.

(a) Offense. A person commits an offense if he or she tethers an animal to a stationary object for any length of time.

(b) Defense. It shall be a defense to prosecution that the restraint is located on the owner’s property, or for a lawful animal event, veterinary treatment, grooming, training, law enforcement activity, or when needed to protect the safety or welfare of a person or animal, provided that all of the following conditions are met:

(1) The animal’s owner maintains continuous, direct physical control of the animal throughout the period of restraint; and

(2) The tether is attached to a properly fitting collar or harness and is not wrapped around the animal’s neck. Choke or prong-type collars are prohibited; and

(3) The tether is designed and placed in a manner to prevent entanglement or injury; and

(4) The tether does not allow the animal to move outside the person’s property or come within ten (10) feet of public property if tethered outside a fenced area; and

(5) The tether shall not be less than five (5) times the length of the dog, as measured from the tip of the dog’s nose to the base of the dog’s tail; and

(6) The tether shall not be less than ten (10) feet; and

(7) The tether shall not be greater than ten (10) percent of the dog’s weight.

(c) Seizure and impoundment. Animals seized pursuant to this section may be impounded by any Enforcement Agent.

(d) Criminal citation. An Enforcement Agent may issue a criminal citation for violation of this article. The criminal citation is a separate action from a Court hearing described below in subsection (e).

(e) Court hearing to determine the disposition of the animal. In addition to the authority to issue a criminal citation for violation of this chapter and authority to seize and impound the animal, proceedings may be instituted in Municipal Court in accordance with Division 2 of this article for a hearing to determine whether the animal was “inhumanely treated“ or “cruelly treated” as defined by this chapter, and to determine the disposition of the animal.