Sponsor: council member nancy white

A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF MACON, GEORGIA, to Amend Chapter 5 of the macon code of ordinances to incorporate regulations governing the tethering and transport of dogs and cats within the City of Macon; AND FOR OTHER PURPOSES.

            WHEREAS, the City Mayor and Council of the City of Macon have determined it to be in the public interest to establish regulations regarding the tethering and transport of dogs and cats in the City of Macon for reasons of public health, safety, and welfare, and;

            WHEREAS, the amendments to Chapter 5 of the Macon Code of Ordinances will ensure the humane treatment of dogs and cats, by requiring that they are housed in conditions that are sanitary and beneficial to their health, and that they are transported in a manner that will not expose them to an unnecessary risk of harm;

  .         NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of Macon and it is hereby so resolved by the authority of the same that Chapter 5 of the Macon Code of Ordinances is hereby amended by adding the following:

Part 1

New definitions are hereby added to Chapter 5, Section 5.4 of the Code of Ordinances of the City as follows:

Section 5-4. Definitions

            Appropriate Shelter.  A cover or protection from the elements containing adequate and appropriate bedding such as straw, hay, or wood shavings, which is small enough to allow the dog or cat to retain its body heat but is large enough to allow the animal to stand, turn around, and lie down.

            Harness.  A combination of leather or nylon straps and buckles which, when fitted around the neck and torso of the dog or cat, helps to distribute the pulling force more evenly across the shoulders.

            Tethering.  Attaching a dog or cat to a stationary object or pulley run by means of a chain, rope, tether, cable, or similar restraint.  "Tethering" does not include the use of a leash to walk a dog.

            Transport.  As used herein means the act of carrying, moving or conveying a dog or cat from one place to another.

            A new section shall be added to Chapter 5 of the Code of Ordinances of the City as follows:

            Section 5-20.  Tethering, prohibited conduct.

            It shall be unlawful for any owner or other person controlling or possessing any dog or cat to:

• (a) Leave a dog or cat tethered outdoors for eight continuous hours or for a total of twelve hours in a twenty-four hour period.
• (b) Tether a dog or cat except by means of a properly fitting harness or collar of nylon or leather construction and a tether in proportion to the size of the animal. The tether must be at least fifteen (15) feet in length with a swivel at both ends.
• (c) Tether a dog or cat outdoors under conditions where the animal or tether can become entangled on the tether, another animal, or some other object or where the tether can restrict the animal's access to suitable, edible, and sufficient food, clean water (cool in summer and unfrozen in winter), and appropriate shelter.
• (d) Tether a dog or cat outdoors in unsafe or unsanitary conditions or when said tether does not allow the animal to defecate or urinate in an area separate from the areas where it must eat, drink or lie down.
• (e) Expose a dog or cat to any weather conditions that cause immediate imminent threat to the animal's physical well being.
• (f) Transport any dog or cat in the bed of a pick truck unless the dog or cat is secured inside of a commercially designed container intended for the safe transport of dog and cats or otherwise secured so as not to allow the dog or cat the ability to escape from the vehicle.

(g)        A person who is convicted, pleads guilty or nolo contendre to a violation of this section shall suffer the following minimum punishment:

(1) First offense, a minimum fine of thirty-five dollars ($35.00).

(2) Second offense within a one-year period, a minimum fine of fifty dollars ($50.00).

(3) Third offense within a one-year period, a minimum fine of seventy-five dollars ($75.00).

• (4) Fourth or subsequent offense within a one-year period, a minimum fine of one hundred dollars ($100.00).

Part 2

The sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared illegal by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance.

Part 3

In accordance with Sec. 1-4(c) of the Code of Ordinances of the City of Macon, Georgia, it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Macon, Georgia, and the sections of this Ordinance may be renumbered to accomplish such intention.

Part 4

All ordinances or parts thereof in conflict with this Ordinance are hereby repealed.

Part 5

This ordinance shall become effective upon adoption by the local governing authority of the City of Macon.

            SO RESOLVED this _____ day of __________________, 2007.

            ______________________________

            President, City Council

SO APPROVED this _____ day of __________________, 2007.

______________________________

Mayor