The South Carolina has passed today a bill that started out as a strong anti-tethering proposal that would have placed time limits on the number of hours a dog could be tethered or chained to an object or trolley:  a maximum of 3 hours per day tethered or chained to an object  and no more than 6 hours per day tied to a trolley.

The final version as passed by the Senate allows unlimited tethering and chaining unless it is for such an "unreasonable period of time that the animal's health or safety is endangered".  It is not clear how animal control would enforce that.

The bill does also say the restraint will be a violation if the chain or tether is too heavy, causes choking or injury or the animal become entangled, is too short to allow "an animal to reach food or shelter or move around or requires an animal to urinate or defecate in the same area where he eats, drinks or rests. The restraint will be in violation if it "does not permit an animal to escape reasonably foreseeable harm".

The restraint must be attached to a properly fitting collar; prong and choke type collars are not permitted.

On March 20, 2008 the bill was amended to prohibit cruel confinement as well.  Cruel confinement is also prohibited under the same circumstances as tethering and chaining. The animal must be able "to stand, turn around, sit, and lie down in a normal position". The cage, crate or pen must also allow access to "sustenance", have "proper" ventilation and be sanitary.

Click here for a copy of the bill that passed the South Carolina Senate.

Local authorities have discretion in charging. Violators can be issued a warning if there has been  no danger to the animal's health or safety. Or, for the first offense violators can face up to 60 days in jail and a fine up to $500. For a second offense there can be a 90 day jail term plus a fine up to $800. If a violator still doesn't get it, for third and subsequent offense, violators can be imprisoned for up to 2 years and fined up to $2,000.

The bill excludes "fowl, accepted animal husbandry practices of farm operations and the training of animals, animal exhibitions or shows, pet shops, the practice of veterinary medicine, agricultural practices, forestry and silvacultural practices, wildlife management practices", and lawful hunting or trapping.

This new bill would allow animal control  and local law enforcement, prosecutors and judges discretion in addressing tethering, chaining and penning. But it is a vague law that may leave many animal control officers and other local officials unable to enforce its provisions. It may leave some dog owners without clear rules as to what is an acceptable length of time to restrain or confine a dog. but the bill does force local governments and the public to recognize the cruelty of tethering, chaining and penning. It will be important for local governments to provide dog owners with information about the cruelty and danger of tethering, chaining and penning.

Click here for more information about the cruelty and danger of tethering and chaining.

Also visit Dogs Deserve Better, http://www.dogsdeservebetter.org/