Question
Hello asking for a friend! Lol but really. This scenario a shared yard, one dog on a leash attached to a stake in the ground the other Loose. The one on the leash went for other dog but didn’t get it. They said everything ok but later called animal control. Can they take the dog?????
Answer
New Jersey's tether law contains many prohibitions, including that “It is unlawful for any person to cruelly restrain a dog… with a tether that permits the dog to reach another dog or an object or location that poses a risk of entanglement, strangulation, drowning, or other harm to the health or safety of the dog, including, but not limited to, another dog’s tether or a window sill, fence, wall, porch, terrace railing, vehicle, tree, pole, pool, or public road or highway.” Several localities in NJ and elsewhere have also enacted laws which address tethering. Many tether laws limit the number of hours a dog may be chained, prohibit dogs who are unaltered or under a certain age from being tethered, restrict the type of tether, prohibit tethering under certain weather conditions, etc. Rights of law enforcement officers/animal control to remove a tethered animal would depend on the law as it applies to the facts and circumstances of each situation.
Every state has an animal cruelty law. Law enforcement officers may charge an animal’s caretaker with violating this law too when an animal is chained under certain conditions and may seize animals who are mistreated in violation of the cruelty law. While search warrants are often needed to enter private premises to remove animals, that may not be necessary when an animal is in immediate danger. Local laws may also provide for removal in a variety of circumstances so these laws should be reviewed.
Dogs who are chained/tethered can become entangled and are “sitting ducks” for other animals (and people). Leaving a dog tethered while other dogs run loose in the same area can certainly create problems, as you and your “friend” have seen. Tethering/chaining for extended periods of time is inhumane. Dogs require exercise, socialization, and the ability to move without continuous restraint. When chained for long periods of time, dogs can become anxious and aggressive.
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