Report Title:

Animal Welfare; Tethering

 

Description:

Prohibits, with exceptions, the practice of tethering dogs.

 


THE SENATE

S.B. NO.

30

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO ANIMALS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. The legislature finds that the practice of animal tethering causes many pets to suffer needlessly and increases the risk of an animal posing a danger to the public.

The American Veterinary Medical Association, the largest veterinary medical association in the world, advises dog owners to never tether or chain their dogs because this can contribute to aggressive behavior.

A study published by the National Center for Injury Prevention and Control, a division of the Centers for Disease Control and Prevention, found that chained dogs were 2.8 times more likely to attack than dogs that were not tethered.

Children are the most common victims of attacks by chained dogs. According to a recent study, seventy-nine per cent of the four hundred thirty-one people killed by dogs in the United States between 1965 and 2001 were children under the age of twelve.

The purpose of this Act is to improve public safety and animal welfare by restricting the practice of animal tethering.

SECTION 2. Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"711- Dog tethering. (a) It shall be unlawful to tether, fasten, chain, tie, or restrain a dog, or cause a dog to be tethered, fastened, chained, tied, or restrained, to a dog house, tree, fence, or any other stationary object.

(b) Notwithstanding subsection (a), a person may:

(1) Attach a dog to a running line, pulley, or trolley system, so long as the dog is not tethered to the running line, pulley, or trolley system by means of a choke collar or pinch collar;

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

(3) Tether, fasten, chain, or tie a dog no longer than is necessary for the person to complete a temporary task that requires the dog to be restrained for a reasonable period;

(4) Tether, fasten, chain, or tie a dog while engaged in, or actively training for, an activity that is conducted pursuant to a valid license issued by the State of Hawaii if the activity for which the license is issued is associated with the use or presence of the dog; or

(5) Tether, fasten, chain, or tie a dog while actively engaged in any of the following:

(A) Conduct that is directly related to the business of shepherding or herding cattle or livestock; or

(B) Conduct that is directly related to the business of cultivating agricultural products, if the restraint is reasonably necessary for the safety of the dog.

For the purpose of this section, "reasonable period" means a period of time not to exceed three hours in a twenty-four-hour period.

(c) Nothing in this chapter shall be construed to prohibit a person from walking a dog with a hand-held leash.

(d) Violation of this section shall be a misdemeanor."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

 

INTRODUCED BY:

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