Tethering
Overview
Virginia Code (§3.2-6500) currently addresses tethering through definitions of adequate space and adequate shelter.
Recently, animal legislation advocates have sought to limit the amount of animal exposure to extreme temperatures and weather, and to limit the amount of time, and hours, during which animals remain tethered. Several tethering bills were presented during the 2018 General Assembly session, but none were approved. One of particular interest, was SB 872, sponsored by Senator Lionell Spruill Sr (D-5th), which passed the Senate (33-Y, 7-N):
SB- 872: “Tethering animals; adequate shelter and space. Provides that outdoor tethering of a companion animal shall not meet the requirement that an animal be given adequate shelter, unless the animal is actively engaged in an agricultural or hunting activity, when it is conducted (i) when the temperature is 32 degrees Fahrenheit or lower or 85 degrees Fahrenheit or higher; (ii) during a heat advisory; or (iii) during a severe weather warning. The bill provides that a tether shall meet the requirement that an animal be given adequate space if it is four times the length of the animal or 15 feet in length, whichever is greater, and does not cause injury or pain or weigh more than one-tenth of the animal's body weight. The bill exempts agricultural animals from existing provisions related to tethering. The bill also authorizes any locality to adopt ordinances that parallel and make more stringent the state law regarding the care of companion animals.”
One point of contention was whether or not localities already had authority to restrict/prohibit tethering by ordinance. SB 872 would have clarified that authority as shown above; while another bill (HB 889 - Delegate Orrock, R- 54th) would have limited local authority, though grandfathering existing local ordinances.
HB - 889: “Tethering of dogs; local ordinance. Authorizes the governing body of any locality to adopt an ordinance restricting the tethering of a dog outdoors. The ordinance may limit the maximum number of hours during which the dog may remain tethered but shall not completely prohibit tethering that provides the dog "adequate space" as that phrase is defined in the Code.”
The two versions could not be resolved, and SB 872 was continued to 2019 by voice vote of the House Subcommittee for Agriculture.
- Adequate Space: “When an animal is tethered, “adequate space” means a tether that permits the above actions [easily stand, sit, lie, turn about, make all other normal body movements in a comfortable, normal position….; and interact safely with other animals…] and is appropriate to the age and size of the animal; is attached to the animal by a properly applied collar, halter, or harness configured so as to protect the animal from injury and prevent the animal or tether from becoming entangled with other objects or animals, or from extending over an object or edge the could result in the strangulation or injury of the animal; and is at least three times the length of the animal as measured from the tip of its nose to the base of its tail, except when the animal is being walked on a leash or is attached by a tether to a lead line. When freedom of movement would endanger the animal, temporarily and appropriately restricting movement of the animal according to professionally accepted standards for the species is considered provision of adequate space.”
- Adequate Shelter: ““Adequate shelter” means provision of and access to shelter that is suitable for the species, age, condition, size, and type of each animal; provides adequate space for each animal; is safe and protects each animal from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold, physical suffering, and impairment of health; is properly lighted; is properly cleaned; enables each animal to be clean and dry, except when detrimental to the species; and, for dogs and cats, provides a solid surface, resting platform, pad, floormat, or similar device that is large enough for the animal to lie on in a normal manner and can be maintained in a sanitary manner. Under this chapter, shelters whose wire, grid, or slat floors; (i) permit the animals’ feet to pass through the openings; (ii) sag under the animals’ weight; or (iii) otherwise do not protect the animals’ feet or toes from injury are not adequate shelter."
Recently, animal legislation advocates have sought to limit the amount of animal exposure to extreme temperatures and weather, and to limit the amount of time, and hours, during which animals remain tethered. Several tethering bills were presented during the 2018 General Assembly session, but none were approved. One of particular interest, was SB 872, sponsored by Senator Lionell Spruill Sr (D-5th), which passed the Senate (33-Y, 7-N):
SB- 872: “Tethering animals; adequate shelter and space. Provides that outdoor tethering of a companion animal shall not meet the requirement that an animal be given adequate shelter, unless the animal is actively engaged in an agricultural or hunting activity, when it is conducted (i) when the temperature is 32 degrees Fahrenheit or lower or 85 degrees Fahrenheit or higher; (ii) during a heat advisory; or (iii) during a severe weather warning. The bill provides that a tether shall meet the requirement that an animal be given adequate space if it is four times the length of the animal or 15 feet in length, whichever is greater, and does not cause injury or pain or weigh more than one-tenth of the animal's body weight. The bill exempts agricultural animals from existing provisions related to tethering. The bill also authorizes any locality to adopt ordinances that parallel and make more stringent the state law regarding the care of companion animals.”
One point of contention was whether or not localities already had authority to restrict/prohibit tethering by ordinance. SB 872 would have clarified that authority as shown above; while another bill (HB 889 - Delegate Orrock, R- 54th) would have limited local authority, though grandfathering existing local ordinances.
HB - 889: “Tethering of dogs; local ordinance. Authorizes the governing body of any locality to adopt an ordinance restricting the tethering of a dog outdoors. The ordinance may limit the maximum number of hours during which the dog may remain tethered but shall not completely prohibit tethering that provides the dog "adequate space" as that phrase is defined in the Code.”
The two versions could not be resolved, and SB 872 was continued to 2019 by voice vote of the House Subcommittee for Agriculture.
