Fernandina Beach bans outdoor animal tethering

Submitted by Suanne Z. Thamm
Reporter – News Analyst
June 22, 2017 12:46 p.m.

 

In a move supported by animal advocates and local officials alike, the Fernandina Beach City Commission enacted Ordinance 2017-17 on second and final reading at their June 20, 2017 Regular Meeting. The ordinance prohibits outdoor tethering or restraint of dogs and cats. Commissioner John Miller and the Fernandina Beach Animal Rescue asked that this Ordinance be considered by the City Commission to avoid cruelty to dogs and cats.

The ordinance amended language in Section 18-4 of existing city code, which limited the time an animal could be tethered. That language rendered enforcement very difficult because it only allowed Animal Control to cite an owner if their animal was tethered for ten or more hours in a 24 hour period. The revised language stipulates:

Unlawful restraint of dogs and cats. No person shall tether, fasten, chain, tie, or restrain a dog or cat, or cause a dog or cat to be tethered, fastened, chained, tied, or restrained, to a dog house, tree, fence, or any other stationary object.

Two exceptions are allowed:

(1)  A dog or cat may be tethered when it is in visual range of the owner, and the owner is located outside with the tethered animal.

(2)  Tether, fasten, chain, tie, or otherwise restrain a dog or cat pursuant to the requirements of a camping or recreational area.

Even when tethering is permitted, many conditions must be met:

(1)  The dog or cat must be attached to the tether by a buckle-type collar or a body harness. A dog or cat shall not be tethered by means of a choke-type, pinch-type, prong-type, or improperly fitting collar;

(2)  The tether has the following properties: it is at least five times the ten (10) feet in length; of the tethered animal’s body, as measured from the tip of the nose to the base of the tail; it terminates at both ends with a swivel; it does not weigh more than 10% of the tethered animal’s weight, and it is free of tangles;

(3)  The dog or cat is tethered in such a manner as to prevent injury, strangulation, or entanglement;

(4)  If there are multiple dogs or cats, each dog or cat must be tethered separately. The tethering of each dog or cat must be in accordance with the requirements of this Code;

(5)  The dog or cat is not outside during a period of extreme weather, including without limitation extreme heat (over 85 degrees Fahrenheit) or cold temperatures (under 45 degrees Fahrenheit), thunderstorms, lightning storms, tornado watches or warnings, tropical storms, or hurricane watches or warnings;

(6)  The dog or cat has access to water, adequate shelter, and dry ground;

(7)  The dog or cat is at least six months of age. Puppies or kittens shall not be tethered;

(8)  The dog or cat is not sick or injured; and

(9)  No tether may extend any closer than six (6) feet from the perimeter fence or a lot line. If it is connected to a pulley, the running line must be at least fifteen (15) feet in length and less than seven (7) feet above the ground. If multiple dogs or cats, they must be tethered separately, with no sharing of running lines, or near enough to each other that they may become tangled. No animal shall be tethered so that it has access to public property, including easements and rights-of-way or property owned by another private individual or entity.

The city is imposing hefty fines and penalties for violation of these rules. The penalties for violation of this section are as follows: $100 citation for the first offense; $200 citation for the second offense; and $300 for the third offense. These fines apply to violations occurring within a five (5) year period.

In taking public input on the changes to the ordinance, the FBCC listened to suggestions from David Fashingbauer for additional definitions of the terms “minimum size of enclosure” and “adequate shelter” and incorporated these suggestions into the final ordinance. Animal Control Officer Debra Lynn Ewald provided emotional testimony on the effects of tethering that often result in disease, death and psychologically damaged animals. Octavio Martinez, who also spoke during first reading of the ordinance, asked that the FBCC also consider requiring water fixtures for the animals that are not likely to tip over along with a requirement that they only be tethered where there is shade.

Animal Control Officer Debra Ewald waits her turn to address the FBCC as David Fashingbauer speaks.

Commissioners approved the changes with a unanimous vote. Following the adoption of the ordinance David Fashingbauer sent the email message below to commissioners and other animal advocates:

Last night, Fernandina Beach Commissioners  unanimously passed an animal welfare ordinance that prohibits unattended tethering (chaining) of dogs and cats within the City limits. Truly a victory for man’s best friend.

The new ordinance replaces an ordinance that allowed animals to be tethered for up to ten hours in a 24-hour period.  Ordinances that allow unattended tethering based on time limits have proven to be unenforceable and not effective.

​Thanks to City Attorney Tami Bach for drafting the ordinance, the Nassau Humane Society for supporting the ordinance and the City Commissioners for passing the ordinance. 

Last but not least, thanks to those who spoke on behalf of those that are not able to speak for themselves.  

For more information or to volunteer to assist in the important work of the Nassau Humane Society (which handles Animal Control for the City of Fernandina Beach), you may visit their website http://www.nassauhumanesociety.com.

Editor’s Note: Suanne Z. Thamm is a native of Chautauqua County, NY, who moved to Fernandina Beach from Alexandria,VA, in 1994. As a long time city resident and city watcher, she provides interesting insight into the many issues that impact our city. We are grateful for Suanne’s many contributions to the Fernandina Observer.