[Adopted 4-18-2016 by L.L. No. 2-2016]
As used in this article, the following terms shall have the
meanings indicated:
Includes every living creature except a human being.
Weather conditions that are likely to adversely affect the
health or safety of the animal, including but not limited to rain,
sleet, ice, snow, wind, or extreme heat and cold.
Any person owning, harboring, or having custody or control
of an animal.
To restrain an animal by tying the animal to any object or
structure, including, but not limited to a house, tree, fence, post,
garage, or shed, by any means, including, but not limited to, a chain,
rope, cord, leash or running line. This shall not include using a
leash for walking purposes.
It shall be unlawful for a responsible party to tether an animal
while outdoors, except when all of the following conditions are met:
A.
The responsible party is physically present on the premises while
the animal is tethered.
B.
The tether is connected to the animal with a collar or a body harness
made of nylon or leather (no choke or pinch collars allowed).
C.
The tether has the following properties:
(1)
It must be at least five times the length of the animal's body,
as measured from the tip of the nose to the base of the tail, however
in no event shall the tether be long enough to allow the animal to
move outside the responsible party's property.
(2)
It terminates at both ends with a swivel.
(3)
It is not weighted.
(4)
It is free of tangles.
D.
The animal is tethered so as to prevent injury, strangulation, or
entanglement.
E.
The animal is not outside during inclement weather.
F.
The animal has access to shade by natural or artificial means to
protect the animal from direct sunlight at all times when exposure
to sunlight is likely to threaten the health of the animal.
G.
The animal has access to water and food.
H.
The animal is a least six months of age.
I.
The animal is not sick or injured.
J.
Pulley, running line or trolley systems are at least 15 feet in length
and are less than seven feet above ground; however, in no event shall
the tether be long enough to allow the animal to move outside the
responsible party's property.
K.
If there are multiple animals, each animal is tethered separately,
in a manner in which they cannot become entangled.
L.
The animal is not tethered for more than two hours in a continuous
twelve-hour period.
A.
Any person who violates the provisions of this article or any of
the rules promulgated thereunder shall, for a first offense, be guilty
of a violation punishable by a fine no more than $250, provided that
such person shall be issued a written warning instead of such fine
for such first offense where such animal was not injured as a result
of being restrained in violation of this article. For a second offense
within a continuous twelve-month period, such person shall be guilty
of a violation punishable by a fine no more than $500. For a third
or any subsequent offense within a continuous twelve-month period
starting from the first offense, such person shall be guilty of a
Class B misdemeanor punishable by a fine of no more than $500 or by
imprisonment for no more than three months, or both.
B.
In addition to such penalties, any person who violates this section
may be liable for a civil penalty of not less than $250.
C.
Violations of this article may be supported by evidence, including,
but not limited to, time-stamped photographs and video, records of
complaints, and sworn witness statements.
D.
The Village Attorney shall be authorized to bring a proceeding against
a responsible party(ies), in a court of competent jurisdiction to
enforce this article.
