For the Defense - Volume 3, Issue 1 - 2018 - 14
32 degrees? Was the temperature in question
measured in the general area or, in the shaded
area to which the dog has access and, does that
make a difference under the statute? Did any
temperature variations within a given 30-minute
time frame cause the temperature to drop below
90 degrees or, to exceed 32 degrees? And, the
language is unclear as to whether the 30-minute
time limit would need to be "30 continuous
minutes," "30 minutes within a 24-hour period"
or, something in between.
Presumption that a Dog Is Being Neglected
The presence of any of the following
conditions regarding tethering an unattended
dog out-of-doors will create a rebuttable
presumption that a dog has been the subject
of neglect within the meaning of the Neglect
of Animal subsection28 (1) Excessive waste or
excrement in the area where the dog is tethered;
(2) Open sores or wounds on the dog's body; or
(3) The use of a tow or log chain, or a choke,
pinch, prong or chain collar.29
Tethering Not Prohibited for Certain
Activities
Lastly, the state legislature has specifically
stated that the presumptions of neglect for
14
For The Defense
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Vol. 3, Issue 1
tethering a dog shall not be construed to
prohibit any of the following: (1) tethering a
dog while actively engaged in lawful hunting,
exhibition, performance events or field training;
(2) tethering a hunting, sporting or sledding
dog breed where tether is integral to the
training, conditioning or purpose of the dog;
(3) tethering a dog in compliance with the
requirements of a camping or recreational area;
and/or (4) tethering a dog for a period of time
not to exceed one hour, reasonably necessary
for the dog or person to complete a temporary
task. 30 (Note - it remains to be seen what "task"
the legislature had in mind when it elected to
specifically allow a tethered dog to complete
a "temporary task," provided it does not take
longer than one hour to do so.)
The tethering statute does not prohibit an
owner from allowing a dog outside for a period
longer than thirty minutes when temperatures
drop below 32 degrees; it does, however,
raise a presumption of neglect when the dog
is tethered outside in certain temperature
conditions for longer than 30 minutes.
Non-compliance with the requirements set
forth in the tethering portion of the subchapter
would most likely be prosecuted under Neglect
of Animal sub-section.31 Additionally, if the
prosecution proves that your client's tethering
activity placed a dog at imminent risk of serious
bodily injury, the prosecution will be brought as
a misdemeanor of the third degree rather than
a summary offense. What's more, in the event
serious bodily injury or death to the dog results,
the violation may be charged as a felony of the
third degree under the Aggravated Cruelty subsection.32
This provision has already generated a
vocal and diverse public response. Animal
rights advocates have praised the law as a
long-awaited protection for tethered dogs. In
fact, they see the anti-tethering provisions as
providing momentum for future legislation
and they have already begun setting their
sights on dogs being transported in open beds
of pick-up trucks. On the other hand, much of
the hue and cry from animal owners who have
expressed disapproval of the tethering law
Table of Contents for the Digital Edition of For the Defense - Volume 3, Issue 1 - 2018
Contents
For the Defense - Volume 3, Issue 1 - 2018 - 1
For the Defense - Volume 3, Issue 1 - 2018 - 2
For the Defense - Volume 3, Issue 1 - 2018 - Contents
For the Defense - Volume 3, Issue 1 - 2018 - 4
For the Defense - Volume 3, Issue 1 - 2018 - 5
For the Defense - Volume 3, Issue 1 - 2018 - 6
For the Defense - Volume 3, Issue 1 - 2018 - 7
For the Defense - Volume 3, Issue 1 - 2018 - 8
For the Defense - Volume 3, Issue 1 - 2018 - 9
For the Defense - Volume 3, Issue 1 - 2018 - 10
For the Defense - Volume 3, Issue 1 - 2018 - 11
For the Defense - Volume 3, Issue 1 - 2018 - 12
For the Defense - Volume 3, Issue 1 - 2018 - 13
For the Defense - Volume 3, Issue 1 - 2018 - 14
For the Defense - Volume 3, Issue 1 - 2018 - 15
For the Defense - Volume 3, Issue 1 - 2018 - 16
For the Defense - Volume 3, Issue 1 - 2018 - 17
For the Defense - Volume 3, Issue 1 - 2018 - 18
For the Defense - Volume 3, Issue 1 - 2018 - 19
For the Defense - Volume 3, Issue 1 - 2018 - 20
For the Defense - Volume 3, Issue 1 - 2018 - 21
For the Defense - Volume 3, Issue 1 - 2018 - 22
For the Defense - Volume 3, Issue 1 - 2018 - 23
For the Defense - Volume 3, Issue 1 - 2018 - 24
For the Defense - Volume 3, Issue 1 - 2018 - 25
For the Defense - Volume 3, Issue 1 - 2018 - 26
For the Defense - Volume 3, Issue 1 - 2018 - 27
For the Defense - Volume 3, Issue 1 - 2018 - 28
For the Defense - Volume 3, Issue 1 - 2018 - 29
For the Defense - Volume 3, Issue 1 - 2018 - 30
For the Defense - Volume 3, Issue 1 - 2018 - 31
For the Defense - Volume 3, Issue 1 - 2018 - 32
For the Defense - Volume 3, Issue 1 - 2018 - 33
For the Defense - Volume 3, Issue 1 - 2018 - 34
For the Defense - Volume 3, Issue 1 - 2018 - 35
For the Defense - Volume 3, Issue 1 - 2018 - 36
For the Defense - Volume 3, Issue 1 - 2018 - 37
For the Defense - Volume 3, Issue 1 - 2018 - 38
For the Defense - Volume 3, Issue 1 - 2018 - 39
For the Defense - Volume 3, Issue 1 - 2018 - 40
For the Defense - Volume 3, Issue 1 - 2018 - 41
For the Defense - Volume 3, Issue 1 - 2018 - 42
For the Defense - Volume 3, Issue 1 - 2018 - 43
For the Defense - Volume 3, Issue 1 - 2018 - 44
For the Defense - Volume 3, Issue 1 - 2018 - 45
For the Defense - Volume 3, Issue 1 - 2018 - 46
For the Defense - Volume 3, Issue 1 - 2018 - 47
For the Defense - Volume 3, Issue 1 - 2018 - 48
For the Defense - Volume 3, Issue 1 - 2018 - 49
For the Defense - Volume 3, Issue 1 - 2018 - 50
For the Defense - Volume 3, Issue 1 - 2018 - 51
For the Defense - Volume 3, Issue 1 - 2018 - 52
For the Defense - Volume 3, Issue 1 - 2018 - 53
For the Defense - Volume 3, Issue 1 - 2018 - 54
For the Defense - Volume 3, Issue 1 - 2018 - 55
For the Defense - Volume 3, Issue 1 - 2018 - 56
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