§ 5-21. Tethering of dogs.

(a)

As used in this section, tether means to restrain a dog by tying the dog to any object or structure, including without limitation a house, tree, fence, post, garage, or shed, by any means, including without limitation a chain, rope, cord, leash, or running line. Tethering shall not include using a leash to walk a dog.

(b)

It shall be unlawful for a responsible party to tether a dog while outdoors, except when all of the following conditions are met:

(1)

The dog is in visual range of the responsible party, and the responsible party is located outside with the dog.

(2)

The tether is connected to the dog by a buckle-type collar or a body harness made of nylon or leather, not less than one inch in width.

(3)

The tether has the following properties: it is at least five times the length of the dog's body, as measured from the tip of the nose to the base of the tail; it terminates at both ends with a swivel; it does not weigh more than 1/8 of the dog's weight; and it is free of tangles.

(4)

The dog is tethered in such a manner as to prevent injury, strangulation, or entanglement.

(5)

The dog is not outside during a period of extreme weather, including without limitation extreme heat or near-freezing temperatures, thunderstorms, tornadoes, tropical storms, or hurricanes.

(6)

The dog has access to water, shelter, and dry ground.

(7)

The dog is at least six months of age. Puppies shall not be tethered.

(8)

The dog is not sick or injured.

(9)

Pulley, running line, or trolley systems are at least 15 feet in length and are less than 7 feet above the ground.

(10)

If there are multiple dogs, each dog is tethered separately.

(c)

Nothing in this section shall be construed to excuse a violation of section 5-20 of this chapter.

(d)

This section shall not apply to the transportation of dogs, and in the event of a conflict with Section 5-15 of this chapter, Section 5-15 shall govern.

(e)

For a first-time violation, the Department shall issue a warning notice to the responsible party and shall wait at least thirty (30) days before taking any further enforcement action against the responsible party. Thereafter, each violation of this section shall be subject to enforcement in accordance with Section 5-2 of this chapter. Notwithstanding the provisions of Section 8CC-4 governing the penalties for repeat or continuing violations, or enforcement by civil penalty in accordance with Chapter 8CC of this code, a third violation shall carry a civil penalty of 2.5 times the penalty listed in Section 8CC-10, and each subsequent violation shall carry a civil penalty of 3 times the listed penalty. For all civil penalties for violations of this section collected pursuant to Chapter 8CC, 75% of the amount collected shall be paid to the Animal Services Trust Fund, created by Miami-Dade County Resolution No. R-1385-06, as may be amended from time to time.

(Ord. No. 08-120, § 1, 10-7-08; Ord. No. 12-77, § 3, 10-2-12)