Mont Belvieu, Texas

Sec. 8-42. – Unlawful restraint of dog.

(a) An owner may not leave a dog outside and unattended by use of a restraint that unreasonably limits the dog’s movement:

(1) Between the hours of 10 p.m. and 6 a.m.;

(2) Within 500 feet of the premises of a school; or

(3) In the case of extreme weather conditions, including conditions in which:

a. The actual or effective outdoor temperature is below 32 degrees Fahrenheit;

b. A heat advisory has been issued by a local or state authority or the city; or

c. A hurricane, tropical storm, or tornado warning has been issued for the jurisdiction by the National Weather Service.

(b) In this section, a restraint unreasonably limits a dog’s movement if the restraint:

(1) Uses a collar that is pinch-type, prong-type, or choke-type or that is not properly fitted to the dog;

(2) Is a length shorter than the greater of:

a. Five times the length of the dog, as measured from the tip of the dog’s nose to the base of the dog’s tail; or

b. Ten feet;

(3) Is in an unsafe condition;

(4) Causes injury to the dog; or

(5) Is placed directly around the dog’s neck but design and placement does not allow the dog a reasonable and unobstructed range of motion without entanglement, and does not provide access to adequate shelter and clean wholesome water.

(c) No chain, rope, tether, leash, cable, or other device shall be attached to a dog which is attached to a stationary object or trolley system.

(d) Exceptions:

(1) A dog restrained in compliance with the requirements of a camping or recreational area as defined by federal, state or local authority or jurisdiction.

(2) A dog restrained for a reasonable period, not to exceed three hours in a twenty-four-hour period, and no longer than is necessary for the owner to complete a temporary task that requires the dog to be restrained;

(3) A dog restrained while the owner is engaged in, or actively training for, an activity that is conducted pursuant to a valid license issued by this state if the activity for which the license is issued is associated with the use of presence of a dog;

(4) A dog restrained while the owner is engaged in conduct directly related to the business of shepherding or herding cattle or livestock; or

(5) A dog restrained while the owner is engaged in conduct directly related to the business of cultivating agricultural products, if the restraint is reasonably necessary for the safety of the dog.

(e) Enforcement:

(1) A peace officer or animal control officer who has probable cause to believe that an owner is violating this section shall provide the owner with a written statement of that fact. The statement must be signed by the officer and plainly state the date on which and the time at which the statement is provided to the owner.

(2) A person commits an offense if the person is provided a statement described by subsection (e)(1) of this section and fails to comply within 24 hours of the time the owner is provided the statement.

(3) If a person fails to comply with this section with respect to more than one dog, the person’s conduct with respect to each dog constitutes a separate offense.

(4) If conduct constituting an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.

(5) This section does not prohibit a person from walking a dog with a hand-held leash.