SB236 By Senator Waggoner RFD Agriculture, Conservation, and Forestry Rd 1 17-MAR-15

SYNOPSIS: This bill would establish prohibitions, restrictions, and limitations regarding the chaining, tethering, and confinement of dogs and would provide a definition of adequate outdoor shelter for dogs. This bill would also establish penalties for violations.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

A BILL TO BE ENTITLED AN ACT

Relating to animals; to prohibit the tethering of dogs to stationary objects; to define what constitutes adequate shelter for dogs; to establish the offense of unlawful tethering and to provide penalties for violations of the standards; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. This act shall be known and may be cited as the Alabama Dog Tethering and Outdoor Shelter Act.

Section 2. (a) Except as provided in this act, no person owning or keeping a dog may chain or tether the dog to a stationary object including, but not limited to, a structure, dog house, pole, or tree.

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

(c) No dog under the age of six months shall be tethered.

Section 3. (a) A person owning or keeping a dog may confine the dog outside by one of the following methods:

(1) In a pen or secure enclosure which has adequate space for exercise. For purposes of this section, adequate space is determined according to the following dimensions based on the size of the dog:

a. Small dogs, defined as 35 pounds and under, shall have 100 square feet with an allowance of two small dogs within one 100 square-foot outdoor pen or secure enclosure.

b. Medium dogs, defined as 36-60 pounds, shall have a 100 square-foot outdoor pen or secure enclosure per dog.

c. Large dogs, defined as 61-100 pounds, shall have a 150 square-foot outdoor pen or secure enclosure per dog.

d. Extra large dogs, defined as 101 pounds or greater, shall have a 240 square-foot outdoor pen or secure enclosure per dog.

e. Boarding kennels, veterinary clinics, public and private humane shelters with pens and runs intended for the temporary boarding or housing of dogs shall be exempt.

f. The pen or secure enclosure shall be constructed with chain link or other sturdy material, with all four sides enclosed with the minimum height adequate to successfully confine the dog.

(2) In a fully fenced, electronically fenced, or otherwise securely enclosed yard where the dog has the ability to run but is unable to leave the enclosed yard.

(3) By a trolley system or a tether attached to a pulley in a cable run, if the following conditions are met:

a. The tether employed shall be designed for dogs and no logging chains or other lines or devices not designed for tethering of dogs shall be used. No chain or tether shall weigh more than one eighth of the dog's body weight. The tethering method employed shall not allow the dog to leave the property of the owner or keeper.

b. Only one dog shall be tethered to each cable run.

c. The tether shall be attached to a properly fitting collar or harness worn by the dog, with enough room between the collar and the dog's throat through which two adult fingers may fit. A choke collar and a pinch collar shall not be used to tether a dog to a cable run.

d. There shall be a swivel on both ends of the tether to minimize tangling of the collar.

e. The tether and cable run shall be at least 10 feet in length. The cable must be mounted at least four feet but not more than 7 feet above ground level.

f. The length of the tether from the cable run to the dog's collar or harness shall allow continuous access to clean water and adequate shelter at all times as described in Section 4. The trolley system or tether shall be of appropriate configuration to confine the dog to the property of the owner or keeper, to prevent the trolley system or tether from extending over an object to an edge that could result in injury to or strangulation of the dog, and to prevent the trolley system or tether from becoming tangled with other objects or animals.

(b) The provisions of subdivision (3) of subsection (a) shall not be construed to apply to any of the following:

(1) Any licensed veterinary practice that tethers a dog in the course of the veterinary practice.

(2) Any exhibition, trial, show, contest, or other temporary event in which skill, breeding, or stamina of the dog is judged or examined.

(3) When a dog is used in a lawful manner to hunt a species of wildlife during the hunting season or in which the dog receives training in a lawful manner to hunt the species of wildlife.

(4) The temporary tethering of a dog at any camping or recreation area.

(5) At a licensed grooming shop or facility in the course of grooming the dog.

(c) No temporary tethering of a dog shall employ or use any logging chains or other lines or devices not designed for tethering of dogs as described in subdivision (3) of subsection (a) and the tether shall be attached to a properly fitting collar or harness as described in paragraph c. of subdivision (3) of subsection (a).

Section 4. (a) A person owning or keeping a dog confined outside, pursuant to Section 3, shall provide the dog with access to clean water and adequate shelter.

(b) A shelter shall provide all of the following:

(1) Allow the dog to remain dry and protected from the elements.

(2) Have a roof, four walls, and a solid floor.

(3) Be sanitary, dry, weatherproof, constructed or manufactured of durable materials, and provide adequate ventilation.

(4) Provide adequate space for the dog to stand up, turn around, and extend its limbs.

(5) Protect the dog from the effects of inclement weather, provide shade, and be free from accumulated waste, debris, and standing water.

(6) Be constructed in a manner that allows the dog unlimited access.

(c) Dogs actively engaged in conduct that is directly related to the business of shepherding or herding livestock or engaged in conduct that is directly related to the business of cultivating agricultural products shall not be subject to the outdoor confinement limitations provided in this act.

Section 5. (a) A person who tethers a dog in violation of this act shall be guilty of the offense of unlawful tethering and shall be subject to the penalties provided in Section 6.

Section 6. (a) If a humane officer or law enforcement officer determines that a dog is being kept in violation of this act, the officer shall issue a warning to the owner or keeper of the dog and the owner or keeper shall have 72 hours to correct the violation.

(b) An owner or keeper who does not correct the violation within 72 hours shall be guilty of a Class B misdemeanor. On or after a third offense, a humane officer or law enforcement officer may seize a dog that is being kept in violation of this act. Provided, however, that a humane officer or law enforcement officer, at his or her discretion and upon clear and convincing evidence that a dog is being kept in violation of this act that may result in injury or deterioration of the health or well-being of the dog, may take the dog into custody upon any occurrence of a violation of this act.

Section 7. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 8. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Dogs

Animals

Crimes and Offenses

Criminal Law and Procedure

Humane Officer

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