Ordinance To Amend City of Prattville Code of Ordinances Chapter 10 – Animals, Article II. – Dogs, Section 10-43. – Dog Tethering.
ORDINANCE
[To Amend City of Prattville Code of Ordinances Chapter 10 – Animals, Article II. – Dogs, Section 10-43. – Dog Tethering.]
WHEREAS, in Ordinance Book 2021, Page 028, on September 21, 2021, the City Council of the City of Prattville amended City of Prattville Code of Ordinances Chapter 10 – Animals, Article II. – Dogs, Sec. 10-43, – Dog Tethering; and
WHEREAS, a need has been identified to clarify violation timelines for enforcement purposes.
BE IT ORDAINED by the City Council of the City of Prattville that City of Prattville Code of Ordinances, is hereby Amended to read as follows:
Sec. 10-43. – Dog Tethering.
(a) Duty to restrain and contain dogs.
(1) Containment of dogs shall comply with section 10-41 of this Code of Ordinances.
(2) The methods used to contain a dog while on the owner’s premises are within the discretion of the owner provided the conditions do not present a hazard to the dog, a hazard to the general public or otherwise fails to comply with the provisions of this section. Ordinary containment methods include housing the dog inside of a residential structure, or if outside, then by the use of a fence and/or pen, including an invisible fence, provided that the use of such method complies with the requirements herein.
(b) Chaining/tethering dogs.
(1) Direct point chaining or tethering of dogs to any stationary object is prohibited.
(2) Permitted restraint methods include the following: a trolley system with swivels on both ends, affixed to a nonabrasive comfortably fitted collar or harness. The tether of the trolley is to be not less than ten feet and not more than 12 feet. This means of restraint cannot be utilized by the owners between the hours of 10:00 p.m. and 6:00 a.m. In enforcing this section, any duly authorized officer or agent of the municipality shall use reasonable discretion in carrying out the duties and requirements of this section.
(3) No person owning or keeping a dog shall subject the dog to cruel conditions at any time. Cruel conditions are defined as, but not limited to, the following conditions:
(a) Filthy and dirty confinement conditions, including but not limited to exposure to excessive animal waste, garbage, dirty water, noxious odors, dangerous objects that could injure or kill the dog upon contact, or other circumstances that could cause harm to the dog’s physical health.
(b) Taunting, prodding, hitting, harassing, threatening or otherwise harming a tethered or confined dog.
(c) Subjecting the dog to dangerous conditions, including extreme temperatures or attack by other animals.
(c) Minimum care of dogs living outside.
(1) Shelter.
(a) Any dog that is habitually kept outside or repeatedly left outside unattended by an adult person, whether contained in a pen or contained in a fenced area, shall be provided with a structurally sound, moisture-proof and wind-proof shelter large enough to keep the dog reasonably clean and dry. A shelter which does not protect the dog from temperature extremes or precipitation, or which does not provide adequate ventilation or drainage, shall not comply with this section.
(b) A dog’s shelter and bedding and other accessible space shall be maintained in a manner which minimizes the risk of the dog contracting disease, being injured or becoming infested with parasites.
(c) During the winter months, the shelter must not only be wind and moisture proof but also of a proportionate size to allow the natural body heat of the dog to be retained in cold weather.
(d) A shelter for a dog must be a structure having three sides in addition to a roof and floor with one side having an entrance or an Igloo type structure specifically designed for outdoor housing of a dog. The dog must be able to enter, stand, sit, lie down and turn around in the shelter in a normal manner. Metal drums and transport carriers designed to move a dog from one location to another and which do not have solid walls, are not considered shelter.
(e) The shelter floor shall be raised at least two inches above the ground and be free of cracks, holes or protruding nails or rough edges that could cause injury.
(f) The shelter shall be maintained and cleaned regularly. The area around the shelter shall be kept clean of accumulated feces, garbage and any other debris.
(g) The shelter shall be placed in an area that provides protection from the direct rays of the sun, when sunlight is likely to cause overheating or discomfort.
(2) Nutrition.
(a) It shall be unlawful for any person keeping or harboring any dog to fail, refuse or neglect to provide such dog with clean, fresh potable water adequate for the dog’s size, age, and physical condition. This water supply shall be either free flowing or provided in a removable receptacle that is weighted and secured to prevent tipping.
(b) It shall be unlawful for any person keeping or harboring any dog to fail, refuse or neglect to provide such dog with wholesome foodstuff suitable for the dog’s physical condition and age and in sufficient quantities to maintain an adequate level of nutrition for the dog.
(d) Violations: Upon noticing a violation of this section by an individual, the Code Enforcement Officer shall issue a Notice of Violation which will allow said individual ten (10) days in which to remedy the violation. After the expiration of ten (10) calendar days, if it is found that the violation persists, the Officer shall initiate a formal charge for violating this section. Violations of this section are declared a misdemeanor. Any person who violates any provisions of this section shall be guilty of a misdemeanor and, unless otherwise provided herein, shall, upon conviction or adjudication of guilt, be punished by a fine of not less than $100.00 and in addition thereto may be punished by imprisonment or hard labor in the metro jail or a combination thereof, for a period not exceeding six months and costs of court. However, the municipal judge shall have the authority and discretion to order community service for violation of this section and in such an event the fines and court costs may be adjusted or remitted upon the completion of court ordered community service.
(e) Removal of animals. In accordance with §13A-11-243, Code of Alabama, 1975, as amended, any duly authorized officer or agent of the municipality shall have the right to take charge of any animal which is neglected or is being cruelly treated or abused and to provide care for such animal until the living conditions are deemed to be in suitable condition for the return of the dog to its owner or the person from whose custody such animal was taken. Therefore, in addition to the actions that may be taken under the violations section of this section, any duly authorized officer or agent of the municipality shall have the authority to remove any dog which is being held in violation of this section from its owner or person having custody and deliver it to the Autauga or Elmore County Humane Shelter for care and keeping. The owner or custodian shall have ten days after notice of said removal to remedy the violation or violations under this section and retrieve the dog from the humane shelter. The owner or custodian shall be responsible for the cost of care for the period that it remains at the humane shelter and if the dog is not retrieved at the end of ten days, then the humane shelter shall proceed according to §13A-11-243, Code of Alabama, 1975, as amended, in handling the animal.
THIS ordinance shall become effective upon its passage and execution as provided by law. Each of the provisions of this ordinance are severable; and if any provision shall be declared to be invalid, the remaining provisions shall not be affected but shall remain in full force. All ordinances, or parts of ordinances, in any manner conflicting herewith are hereby repealed.
ADOPTED THIS 19TH DAY OF DECEMBER, 2023.
By: Lora Lee Boone, President
Prattville City Council
AUTHENTICATED THIS 19TH DAY OF DECEMBER, 2023.
By: Paula G. Barlow
City Clerk
APPROVED:
By: Bill Gillespie, Jr.
Mayor
ORDINANCE BOOK 2023, PAGE 020






