[Adopted 4-18-2016 by L.L. No. 2-2016]
As used in this article, the following terms shall have the meanings indicated:
ANIMAL
Includes every living creature except a human being.
INCLEMENT WEATHER
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.
RESPONSIBLE PARTY
Any person owning, harboring, or having custody or control of an animal.
TETHERING
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.