ORDINANCE NO. BL2006-1137

An ordinance amending Chapter 8.12 of the Metropolitan Code of Laws to limit outdoor pet tethering.

WHEREAS, certain types of outdoor pet tethering can be horribly cruel to pets, especially during inclement weather conditions; and

WHEREAS, unlimited tethering of pets can become dangerous to passersby and surrounding residents, including the caretaker of the pet; and

WHEREAS, while appropriate restrictions on pet containment maybe necessary, pet containment restrictions should acknowledge that pet restraint is acceptable with appropriate safeguards built into the Code. Any interest in limited pet restraint should be balanced against the harmful impact of unrestricted pet tethering upon pets and surrounding residents; and

WHEREAS, certain types of pet containment, particularly "trolley systems," can prove to provide much safer alternatives to keeping animals and citizens protected.

NOW, THEREFORE, BE IT ENACTED THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Chapter 8.12 of the Metropolitan Code of Laws be and the same is hereby amended by adding the following new Section 8.12.090:

"8.12.090 Pet tethering.
A. For the purposes of this section, the following words and phrases shall have the meanings ascribed to them by this section:
"Tethered" means attaching an animal to a stationary object by a chain, cable or similar device. An animal is not considered tethered when the animal is attached to a stationary object if the animal's owner or custodian is physically within reach of the animal.
B. It shall be unlawful for any person to tether an animal to a stationary object unless that person provides that animal with appropriate food, water, and some form of shelter. It shall also be unlawful for any person to tether an animal to a stationary object if the means of tethering the animal:
1. do not provide appropriate means for the animal to be able to at least move from the stationary object; and
2. is set up in a way that is more than likely to either harm or choke the animal.
C. An animal attached to a running cable line or trolley system will not be considered tethered, provided that:
1. only one animal may be attached to each running cable line or trolley system;
2. cables attaching the animal to the running cable line or trolley system must be made of a substance which cannot be chewed through by the animal and shall not weigh more than is reasonable for the body weight of the animal on the running cable or trolley system. The recommended weight limit for the cable shall be no more than sixteen percent (16%) of the body weight of the animal;
3. the running cable line or trolley system must have a swivel installed at the end attached to the animal and the end attached to the running cable line;
4. the running cable line or trolley system must be at least ten (10) feet in length and mounted at least four (4) feet and no more than seven (7) feet above ground level;
5. the length of the cable from the running cable line or trolley system to the animal's collar should allow the animal free access to food, water, and shelter at all times;
6. the cable from the running cable line or trolley system shall be attached to a properly fitted harness or collar. Choke collars and pinch collars are prohibited for the purpose of containing an animal by use of a running cable line or trolley system; and
7. the animal must be attached to the cable from the running cable line or trolley system at sufficient distance from any other objects to prohibit the tangling of the cable, from extending over an object or an edge that could result in injury or strangulation of the animal, and be of sufficient distance from any fence so as to prohibit the animal access to the fence.

D. A person in violation of this section 8.12.080 is guilty of a misdemeanor.

Section 2. This ordinance shall take effect from and after its final passage, the Welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Billy Walls, Jim Shulman

LEGISLATIVE HISTORY

Introduced: August 1, 2006
Passed First Reading: August 1, 2006
Referred to: Health, Hospitals & Social Services    Committee
Deferred: August 15, 2006
Withdrawn: September 19, 2006