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REFERENCE TITLE: dog tethering |
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State of Arizona House of Representatives Fifty-second Legislature First Regular Session 2015
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HB 2632 |
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Introduced by Representatives Lawrence, Andrade, Cardenas, Mach, Sherwood, Steele, Senators Farley, Kavanagh: Representatives Benally, Boyer, Fernandez, Friese, Hale, Rios, Shope, Velasquez
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AN ACT
amending title 13, chapter 29, Arizona Revised Statutes, by adding section 13‑2914; relating to dog tethering.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 29, Arizona Revised Statutes, is amended by adding section 13-2914, to read:
13-2914. Unlawful dog tethering; classification; definition
A. It is unlawful to tether a dog.
B. This section does not apply to a dog that is:
1. In the physical presence of the person who owns, possesses, controls or otherwise has charge of the dog.
2. In a campground or other recreational area the rules or regulations of which require a tether.
3. Alone on the tether only while The person who owns, possesses, controls or otherwise has charge of the dog runs a quick errand and will not be in the physical presence of the dog for a very brief period of time.
4. Engaged in an activity that requires licensure in this state, including hunting.
5. Being transported.
6. Kept for herding or protecting livestock, or both.
C. A person who is alleged to be in violation of this section and who has not previously been warned or convicted of a violation of this section may keep a dog that is six months of age or older on a tether for not more than thirty days after the discovery of the tether to allow the person to find alternative methods of confinement if the tether meets the following conditions:
1. Is at least six feet long and will not become entangled with the dog in a manner that risks the health or safety of the dog.
2. Permits the dog to access food, water, shade, dry ground and shelter.
3. Is long enough to allow the dog to urinate or defecate in a separate area from where the dog eats, drinks and lies down.
4. Does not include a collar that pinches or chokes the dog when pulled on.
5. Does not weigh more than one‑eighth of the body weight of the dog and is not primarily made of metal.
6. Allows the dog to escape harm.
7. Is not used for more than eight hours in a twenty‑four hour period, except that if the tether is connected to a running line, pulley or trolley system, for not more than ten hours in a twenty‑four hour period.
8. Is not connected to the dog during extreme weather conditions, including conditions in which the actual or effective outdoor temperature is below thirty‑two degrees fahrenheit or after a heat advisory is issued by a local or state authority or jurisdiction.
D. A person who violates this section is guilty of a class 3 misdemeanor, except that for a first violation, notwithstanding any other law, the court shall suspend imposition of the sentence, issue a written warning and allow the person thirty days to find an alternative method of confinement pursuant to subsection C of this section.
E. For the purposes of this section, "tether" means to tie, chain, rope, restrain, fasten or use any other method of permanently or temporarily attaching a dog to a stationary object, including a dog house, tree, fence or other predominantly immobile object.