A4022 Outdoor Restraint of Companion Animals

This is introduced by Members of Assembly Rosenthal and Mosley, both Democrats.  There is no “same as” in the Senate.

Among its provisions are the following:

  • Can’t use slip or prong collars
  • Doesn’t deal with confinement by enclosures, just tethering.
  • Can’t tether longer than three hours at a clip unless under 60 day permit issued by “Animal Control.”
  • Can’t tether more than twelve hours cumulative during the day.
  • Can’t tether puppies.
  • Can’t tether between hours of 11:00PM and 6:00AM.
  • Must be restricted to own property and for fifteen minutes or less on public lands if supervised.
  • Walking a dog on a lead is not tethering.
  • Penalties: Class A misdemeanor first offense; Class B for second offense.

This bill may make criminals of us all. The 11:00 to 6:00 provision will catch those who house and walk their dogs during the daylight hours but do let their dogs out on tether to potty at night.  Someone like a nurse who works from 3:00 to 11:00PM would be especially and unfairly affected.  Also, someone who starts work early in the morning might let their dogs out earlier than 6:00 AM to potty.  For example, a nurse who works the day shift starts at 7:00AM.  One wonders what MAs Rosenthal and Mosley have against nurses.

Now, walking a dog on a lead is not tethering and the law would even seem to approve of 15 minute or less tethering on public lands, if the dog is supervised.  Suppose you meet a friend while walking your dog.  You tie him (dog, not friend) to the arm of a park bench, sit on the bench for a half hour or more talking with your friend about the latest misdeeds of our political  leadership.  Guilty, guilty, guilty.  Sitting is not walking; you’re beyond the fifteen minutes period of grace, and it is not likely that you have swivels at both ends of the lead, and you may be using a slip lead. You are jail-bound, my friend.

There’s some good stuff in there, but overall the bill is bad.  Probably not a threat to breeders, however,  who would only occasionally tether.  Would affect fox hunters who would have to go to “animal control” for the necessary waiver.  I am told that the packs are staked out overnight between and before hunts.  These periods would violate the 11:00PM 6:00AM time period and exceed  the three hour stated maximum.  Only the latter could be addressed and approvals would be at the discretion of the “animal control.”

See also my other post on tethering for discussion of the issue.