[Adopted 11-18-2014 by L.L. No. 7-2014]
[Amended 8-17-2021 by L.L. No. 7-2021]
The Ulster County Legislature has determined that the practice
of tethering a dog outdoors for a prolonged period is inhumane and
presents a threat to the safety of the dog, other animals and human
beings. The Legislature has further determined that it is in the best
interest of the residents of Ulster County, as well as their pets,
to ensure the safety of all by regulating the amount of time, as well
as the manner in which, a dog may be tethered. The intent is for a
person to tether a dog outside no longer than necessary.
[Amended 8-17-2021 by L.L. No. 7-2021]
As used in this article, the following terms shall have the
meanings indicated:
To restrain a dog by attaching the dog to any stationary
object or structure, including without limitation a house, tree, fence,
post, garage, or shed, or mobile device, including, without limitation,
a trolley or pulley, by any means, including without limitation a
chain, rope, cord, leash, or running line. Tethering does not include
the use of a leash to walk a dog.
A National Weather Service watch, warning or advisory issued
by local, state or federal authority for potential hazardous weather
of concern, including but not limited to flood, heat advisory, frigid
weather, snow or ice storm, tornados, tropical storm, high winds or
thunderstorms.
[Amended 8-17-2021 by L.L. No. 7-2021]
A.
The tether must be attached to the dog with a properly fitted buckle-type
collar or a body harness made of material not normally susceptible
to being severed by the dog through chewing or otherwise and that
will not cause trauma or injury to the dog. Choke- or pinch-type collars,
attached weights and chains over 1/4 inch thick cannot be utilized
for tethering.
B.
The length of a stationary tether shall not be less than 10 feet
or five times the length of the dog's body as measured from the
tip of the nose to the base of the tail, whichever length is greater;
shall connect at both ends with a swivel and be affixed in such a
manner that it will prevent the dog from becoming entangled or injured;
shall weigh less than 1/10 of the dog's weight; and shall restrain
the dog to the owner's property while also preventing the dog
from reaching hazards, including but not limited to a pool, fence,
porch or railing that poses a strangulation risk, and/or other animals.
C.
A dog, whether tethered or confined in a yard, outdoor kennel, or
a wireless dog fence, must have unencumbered access to shade, food,
water, shelter and dry ground without becoming entangled.
D.
A dog shall not be tethered outdoors during a weather alert or when
outside weather conditions, including but not limited to extreme heat,
cold, wind, rain, snow or hail, pose an adverse risk to the health
or safety of a dog based on breed, age or physical condition, in accordance
with the industry standard set forth in the Tufts Animal Care and
Condition Weather Safety Scale. Extreme heat and cold limitations
are set as an ambient temperature of 80° F. and 35° F., respectively.
E.
A dog shall not be tethered in any of the following circumstances:
under six months of age; a nursing female; when suffering illness,
debilitating disease, injury, in distress, or in the advanced stages
of pregnancy.
F.
A tethered dog must be apparently free of any health condition that
would be exacerbated by tethering.
G.
If there are multiple dogs, each must be tethered separately.
H.
A tethered dog shall have access to appropriate shelter that will
allow the dog to remain dry and to be protected from the elements.
In addition to complying with the requirements of § 353-b
of New York State Agriculture and Markets Law, the shelter shall be
fully enclosed on all sides except one, which side shall have an opening
that will allow the dog easy entry to and exit from the shelter; have
a slanted, waterproof roof; and have a solid floor. The shelter shall
contain clean bedding or straw/shavings. If straw/shavings is used,
it must be replaced at least once a month so that the dog can burrow
into it for warmth. The shelter shall be small enough to retain the
dog's body heat and large enough to allow the dog to stand, lie
down with limbs outstretched, and turn around comfortably. The area
around the shelter shall be kept free of standing water, ice and waste.
I.
A dog shall not be tethered outside for longer than five consecutive
hours in a twenty-four-hour period or a total time outside in excess
of 10 hours and outside from 10:00 p.m. to 6:00 a.m.
J.
In addition to the above requirements, tethered dogs must be free
of cruel conditions or inhumane tethering at any time. For purposes
of this section, "cruel conditions or inhumane tethering" shall include
the following:
(1)
Exposure to animal waste, garbage, noxious odors or objects that
could injure or kill a dog.
(2)
Exposure to taunting, prodding, provoking, hitting, harassing, threatening
or otherwise harming a tethered dog.
(3)
Exposing a dog to dangerous conditions, including potential attacks
by other animals.
(4)
Tethered on vacant property.
(5)
Any tethering that causes injury or death.
A.
This article
shall be enforced by the office of the Ulster County Sheriff and may
also be enforced by any constable, police officer, local dog control
or animal control officer, or any agent or officer of any duly incorporated
society for the prevention of cruelty to animals with jurisdiction
within Ulster County.
[Amended 8-17-2021 by L.L. No. 7-2021]
B.
A violation
of any of the provisions of this article shall, for a first offense,
be punishable by a fine of up to $100 and/or an educational component
at the judge's discretion.
C.
For a second
offense, the fine shall be up to $500 and/or 50 hours of community
service plus reimbursement of investigation costs.
D.
For a third
or subsequent violation, the fine shall be $1,000 and/or 150 hours
of community service plus surrender of the dog, if ordered by the
court, plus costs of investigation and prosecution, not to exceed
$2,000. In addition, all third-time offenders, subsequent to the enactment
of this article, are required to register as an animal abuser on the
Ulster County Animal Abuse Registry.
[Amended 8-17-2021 by L.L. No. 7-2021]
E.
Fines collected
pursuant to this section shall be deposited with the Ulster County
Commissioner of Finance, identified with a separate General Ledger
account number in the Sheriff's budget, and shall be used for animal
protection education in the County of Ulster and/or the maintenance
of an animal abuse registry.
[Amended 8-17-2021 by L.L. No. 7-2021]
A dog tethered in compliance with the requirements of a campground
area holding an Ulster County Health Department permit shall be exempt
from these regulations.
This article will have no effect in a city, town or village
located within the County of Ulster that has enacted an ordinance,
resolution, or law regulating the tethering of dogs within its jurisdiction.
