Dare County, North Carolina

Sec. 91.033. GENERAL CARE AND TETHERING OF DOGS.

A. It shall be unlawful for any person to restrain a dog using a chain, wire or other type of tethering device on vacant or unoccupied property.
B. It shall be unlawful for any person to restrain a dog using a chain, wire or other type of tethering device except under the following conditions:
(1) No person shall tether, fasten, chain, tie or restrain a dog, or cause such restraining of a dog, to a tree, fence, post, dog house, or other stationary object for more than a total of three hours in a 24‐hour period.
(2) During periods of tethering, any tethering device used shall be at least ten feet in length and attached in such manner as to prevent strangulation or other injury to the dog and entanglement with objects. If a cable trolley system is used for tethering, the length of the cable along with the tethering device must be at least ten feet in length and the dog must be able to move ten feet away from the cable perpendicularly and be attached to the dog in such a manner to prevent strangulation or other injury to the dog and entanglement with objects.
(3) The tether shall be connected to the dog by a body harness made of nylon or leather, not less than one inch in width and where the weight of the tethering device and the collar cannot exceed ten percent of the dog’s body weight.
(4) No person shall tether a dog with a chain or wire or other device, or cause such attachment that does not terminate at both ends with a swivel.
(5) No person shall tether with a chain or wire or other device to, or cause such attachment to, a head harness, choke‐type collar or pronged collar to a dog.
(6) Tethered dogs shall have access to adequate food, water, and shelter. This includes shelter from extreme heat or near freezing temperatures, flooding, tornadoes, thunderstorms, tropical storms and hurricanes.
(7) Tethered dogs shall be at least six months of age. Puppies shall not be tethered. Tethered dogs shall not be sick or injured.
(8) Tethering and restraint of dogs shall be allowed when actively engaged in organized and lawful animal activities including but not limited to hunting, obedience training, field and water training, law enforcement training, herding or shepherding of livestock, and/or in the pursuit of working or competing on those legal endeavors.
C. A chain or rope is acceptable in the place of a leash when walking a dog as long as the dog has an appropriate collar or harness.
D. Any person found in violation of the regulations described in Section 91.033 shall be subject to the following fees:
(1) 1st Offense: Subject to citation and $100.00 fee (if the dog is not spayed or neutered, the fee may be voided in lieu of the owner having the pet spayed or neutered by a veterinarian and providing to the animal control officer documented proof of such within 14 days.)
2nd Offense: Subject to a class 3 misdemeanor and fine of up to $500.00 and forfeiture of the dog to Dare County Animal Control.

(D) Any person found in violation of the regulations described in this section shall be subject to the following fines:

(1) First Offense: If, after conducting an investigation, Animal Control determines there has been a violation, Animal Control shall explain Dare County Ordinance, § 91.033 General Care and Tethering of Dogs to dog owner in violation of said ordinance. Animal Control will issue a warning and the dog must be untethered immediately. Failure to comply with the order to immediately untether will constitute a second offense as set forth in division (D) (2) of this section and the dog will be taken into the custody of Animal Control consistent therewith.

(2) Second Offense: Animal Control will take possession of the animal for a period of 14 days and the owner in violation of the ordinance may be charged with a Class 3 misdemeanor and a fine will be imposed up to $500. During the 14 day period the animal will be housed at the Dare County Animal Shelter at the owner’s expense and accommodation must be made to secure the pet without the need to tether and demonstrate to Animal Control that such accommodations have been made. In the event that the animal has not been spayed or neutered, the fine may be waived in lieu of the owner having the pet spayed or neutered by a veterinarian before end of the 14 day period. If, after 14 days, the owner is able to demonstrate to Animal Control that accommodations have been put in place to secure the dog in an appropriate manner without the need to tether, the dog will be returned to the owner. If said accommodations have not been made, the dog will become the property of Dare County Animal Control.