Weather conditions and Unlawful Restraint of a Dog Good morning everyone, Just a friendly reminder that weather conditions of East Texas are going to be below 32 degrees during the night and early morning and it is unlawful to restrain a dog outside in cases of extreme weather conditions (See Chapter 821, Subchapter D. Unlawful Restraint of Dog). I have inserted Subchapter D as a quick reference as well as the next 13 days of the East Texas weather forecast. Regardless of the restraint law, outdoor animals need to be provided shelter that will protect them from the wind and rain as well as extra bedding provided as needed as the temperature drops. Please educate your clients and constituents regarding member standards of animal husbandry. SUBCHAPTER D. UNLAWFUL RESTRAINT OF DOG Section 821.076. Definitions. In this subchapter: (1) Collar means any collar constructed of nylon, leather, or similar material, specifically designed to be used for a dog. (2) Owner means a person who owns or has custody or control of a dog. (3) Properly fitted means, with respect to a collar, a collar that measures the circumference of a dogs neck plus at least one inch. (4) Restraint means a chain, rope, tether, leash, cable, or other device that attaches a dog to a stationary object or trolley system. Added by Acts 2007, 80th Leg., R.S., Ch. 674, Sec. 1, eff. September 1, 2007. Section 821.077. Unlawful Restraint of Dog. (a) An owner may not leave a dog outside and unattended by use of a restraint that unreasonably limits the dogs movement: (1) between the hours of 10 p.m. and 6 a.m.; (2) within 500 feet of the premises of a school; or (3) in the case of extreme weather conditions, including conditions in which: (A) the actual or effective outdoor temperature is below 32 degrees Fahrenheit; (B) a heat advisory has been issued by a local or state authority or jurisdiction; or (C) a hurricane, tropical storm, or tornado warning has been issued for the jurisdiction by the National Weather Service. (b) In this section, a restraint unreasonably limits a dogs movement if the restraint: (1) uses a collar that is pinch-type, prong-type, or choke-type or that is not properly fitted to the dog; (2) is a length shorter than the greater of: (A) five times the length of the dog, as measured from the tip of the dogs nose to the base of the dogs tail; or (B) 10 feet; (3) is in an unsafe condition; or (4) causes injury to the dog.
Posted on: Mon, 17 Nov 2014 17:13:08 +0000
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