Charleston, West Virginia

Sec. 10-4. – Tethering of dogs.

(a) It is unlawful to attach chains or other tethers, restraints or implements directly to a dog without the proper use of a collar, harness, or other device designed for that purpose and designed to prevent injury to the animal.

(b) No person shall:

(1) Except as provided in subsection (2), tether a dog for more than two continuous hours: provided that tethering of the same dog may resume after a hiatus of three continuous hours; and provided further that the tethering of the same dog shall not be tethered more than five times in a 24-hour period; or

(2) When the outside temperature is equal to or greater than 90° Fahrenheit or equal to or less than 32° Fahrenheit, tether a dog for more than one continuous hour: provided that tethering of the same dog may resume after a hiatus of three continuous hours; and provided further that the tethering of the same dog is allowed no more than five times in a 24-hour period; or

(3) Use a tethering device, including, but not limited to, chain, leash, rope, collaring device, or any assembly or attachments thereto, the weight of which inhibits the free movement of the animal within the area tethered; provided that for the purpose of this subsection, in no event shall the tethering device, including any assembly or attachments thereto, weigh more than ⅛ of the animal’s body weight; or

(4) Tether a dog in such a manner as to cause injury, strangulation, or entanglement of the dog on fences, trees, or other man-made or natural obstacles.

(c) For the purpose of tethering a dog, the chain, leash, rope or other tethering device used shall be at least ten feet in length, unless this length allows the dog to be on property other than the owner’s property, or results in a violation of subsection (b)(4)

(d) Violation of this section shall be a separate and distinct offense from the cruelty to animals provisions of section 10-3. Further, violations of this section shall be subject to the enforcement, adjudication and penalty provisions of section 10-5