Tethering/Chaining

Babylon, New York

§ 106-3 Dogs at large; tethering of dogs; dogs in unattended vehicles.

A. Dogs at large prohibited; restraining dogs.

[…]

(2) No person shall tether, leash, fasten, secure, restrain, chain or tie a dog to a stationary object outdoors, or cause such animal to be so restrained, for longer than one continuous hour in any continuous twelve-hour period.

(3) Nothing in this section shall be construed to prohibit a person from walking a dog on a hand-held leash.

(4) Any person who tethers, leashes, fastens, secures, restrains, chains or ties a dog to a stationary object outdoors shall provide such animal with adequate food, water and shelter, and shall restrain the dog with a device having swivels at both ends that is of an adequate length for the type, age and size of the dog being restrained; provided, however, that the requirement to provide adequate food, water and shelter shall not apply to a person who restrains a dog for a period of time that is 15 minutes or less in duration.

B. Notwithstanding the provisions of this section, no person shall tether, leash, fasten, chain, tie, secure or restrain any dog for any amount of time with a device that:

(1) Is a choke collar or pinch collar, or similar collar that restrains the dog in such a manner that it impairs the flow of oxygen or blood to the dog which may cause choking or substantial discomfort to the dog;

(2) Is embedded, partially embedded or may become embedded in the dog’s skin;

(3) Weighs more than 1/8 of the dog’s total body weight, but in no event shall such weight exceed 10 pounds;

(4) Is less than 10 feet in length for a running cable trolley and 15 feet in length for a tether to a stationary object;

(5) Is too short to allow the dog continuous access to adequate food, water, and shelter or to urinate or defecate in an area separate from where it must eat, drink, or lie down;

(6) Is not designed for dogs;

(7) Has weights attached or contains links that are more than one-quarter-inch thick;

(8) Because of its design or placement is likely to become entangled around itself, the dog, objects or other animals;

(9) Is long enough to allow the animal to move outside of its owner’s property; and

(10) Would allow the restrained animal to move over an object, including, but not limited to, any type of fencing or barrier or edge that could result in the strangulation of or injury to such animal.

C. Notwithstanding the provisions of this section, any tether, leash, fastener, chain, tie, or restraint shall be attached to a properly fitting collar or harness designed for this purpose worn by the dog, with enough room between the collar and the dog’s throat through which two adult fingers may fit; provided, however, that such collar or harness is in compliance with Subsection B(1) above.

D. Notwithstanding the provisions of this section, no person shall tether, leash, fasten, chain, tie, secure or restrain any dog for any amount of time if such dog is less than six months of age, sick or injured, or a nursing mother whose offspring is present.

E. Notwithstanding the provisions of this section, no person shall tether, leash, fasten, chain, tie, secure or restrain more than one dog at a time on a permissible device.

F. Notwithstanding the provisions of this section, no person shall tether, leash, fasten, secure, restrain, chain, tie, pen or otherwise confine or leave a dog unattended outdoors for more than 30 minutes in inclement weather or under other conditions or for such a period of time as may endanger the health or well-being of such dog due to heat, lack of potable water or such other circumstances, such as a weather advisory by any federal, state, county, or town government or as reasonably may be expected to cause suffering, disability or death. It shall be a rebuttable presumption that any temperature below 32° F. or above 90° F. constitutes inclement weather.

G. Notwithstanding the provisions of this section, no person shall allow a tethered, leashed, fastened, chained, tied, secured or restrained dog to be taunted, prod, hit, harassed, threatened, attacked or otherwise harmed by humans or other animals.

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