§ 6-2.1. Restraint requirements for dogs.

(a)

General prohibition on tethering. It is unlawful for a person to restrain a dog with a chain or tether unless the person is holding the chain or tether.

(b)

Affirmative defenses. It is an affirmative defense to a violation of subsection (a) that the restraint:

(1)

Is required to protect the safety or welfare of a person or the dog, if the dog's owner remains with the dog throughout the period of restraint; or

(2)

Occurs on the owner's premises and:

a.

While the dog is within the owner's direct physical control; and

b.

While the dog is prevented from being within fifteen (15) feet from the edge of any public street or sidewalk.

(c)

Exceptions. The prohibition of subsection (a) does not apply to a temporary restraint:

(1)

During a lawful animal event, veterinary treatment, grooming, training, or law enforcement activity; or

(2)

While in the presence of the owner in a designated city dog park.

(d)

Restraint specifications. The affirmative defenses provided in subsection (b) and exceptions in subsection (c) do not apply unless the restraint meets the following specifications:

(1)

The chain, leash, cord, or tether is not placed directly around the dog's neck and is attached to a properly fitting collar or harness worn by the dog;

(2)

The chain, leash, cord, or tether does not exceed more than one-tenth of the dog's body weight;

(3)

The chain, leash, cord, or tether, by design and placement, is unlikely to become entangled; and

(4)

The dog is restrained in a manner that permits access to necessary shelter and water.

(e)

Violation. A person commits an offense that violates this section.

(1)

Offense. An offense under this section is a Class C misdemeanor. If a person fails to comply with this section with respect to more than one (1) dog, the person's conduct with respect to each dog constitutes a separate offense.

(2)

Penalty. The penalty for violation of this section shall be under section 6-54 of the Code of Civil and Criminal Ordinances of the City of Irving, Texas, and shall be between one dollar ($1.00) and two thousand dollars ($2,000.00) for each offense, for each violation, for each separate day, for each dog.

(f)

Hand-held leashes. This section does not prohibit a person from walking a dog with a hand-held leash.

(g)

Dogs running at large strictly prohibited. Nothing in this section authorizes an owner to allow a dog to run at large or to fail to provide appropriate restraint or enclosure as required by section 6-2 of this chapter.

(Ord. No. 8882, § 2, 11-1-07)