Municipal Ordinances

Francis v. City of Indianapolis

Summary: A dog rescue organization was cited with a violation of the city code for having a dog at large. One rescue dog escaped and lunged at a neighbor. Francis argued that the trial court erred in applying strict liability, challenged the sufficiency of the evidence, and challenged the constitutionality of the municipal ordinance. The trial court also found that a violation of the ordinance also imposed restrictions on Francis; she could no longer operate the animal rescue shelter and could only own or keep two dogs. The judgment of the trial court was affirmed.

A dog rescue organization was cited with a violation of the city code for having a dog at large. One rescue dog escaped and lunged at a neighbor. Francis argued that the trial court erred in applying strict liability, challenged the sufficiency of the evidence, and challenged the constitutionality of the municipal ordinance. The trial court also found that a violation of the ordinance also imposed restrictions on Francis; she could no longer operate the animal rescue shelter and could only own or keep two dogs. The judgment of the trial court was affirmed.

Garza v. State

Summary: Carrollton, Texas municipal code prohibited the keeping of more than three pets on property within the city limits. Yvette Garza, a member of an animal rescue organization, challenged the determination that she had violated the city code by keeping more than three dogs. She argued that the code was unconstitutionally vague and that her actions were necessary. The court held that although the term "keep" was not defined in the statute, a person of ordinary intelligence would understand the law because "keep" has a common sense meaning. Garza also failed to produce evidence proving when the scheduled euthanasia of the dogs was going to occur, she therefore failed to establish the elements of her necessity defense.

Carrollton, Texas municipal code prohibited the keeping of more than three pets on property within the city limits. Yvette Garza, a member of an animal rescue organization, challenged the determination that she had violated the city code by keeping more than three dogs. She argued that the code was unconstitutionally vague and that her actions were necessary. The court held that although the term "keep" was not defined in the statute, a person of ordinary intelligence would understand the law because "keep" has a common sense meaning. Garza also failed to produce evidence proving when the scheduled euthanasia of the dogs was going to occur, she therefore failed to establish the elements of her necessity defense.

Table of State Dog Tether Laws

Summary: This brief overview describes state laws (23 states and D.C.) that concern the tethering or chaining of dogs. It also includes a table of those state laws dealing with tethering with links to the text of the laws.

This brief overview describes state laws (23 states and D.C.) that concern the tethering or chaining of dogs. It also includes a table of those state laws dealing with tethering with links to the text of the laws.

WY - Ordinances - § 11-31-301. Public nuisance; notice; penalties; rules and regulations;

Summary: This Wyoming statute provides that a board of county commissioners may declare the running at large of any specified animals in unincorporated areas within the county limits a public nuisance. Dogs or other animals, whose ownership cannot be determined, may be destroyed. A dog injuring or killing livestock may be killed by the owner of the livestock or his agent or any peace officer. However, any dog attacking any person in a vicious manner may be impounded by the county sheriff or animal control officer and held in quarantine for at least fifteen (15) days and not more than twenty (20) days after the attack to determine whether the dog has any disease which may be communicated to humans. A board of county commissioners may enact regulations relative to dogs running at large, vicious dogs, dogs running wild game or livestock or acts by other animals which shall carry out the purposes of this section. The county may also establish a county license fee and an animal control program/facility.

This Wyoming statute provides that a board of county commissioners may declare the running at large of any specified animals in unincorporated areas within the county limits a public nuisance. Dogs or other animals, whose ownership cannot be determined, may be destroyed. A dog injuring or killing livestock may be killed by the owner of the livestock or his agent or any peace officer. However, any dog attacking any person in a vicious manner may be impounded by the county sheriff or animal control officer and held in quarantine for at least fifteen (15) days and not more than twenty (20) days after the attack to determine whether the dog has any disease which may be communicated to humans. A board of county commissioners may enact regulations relative to dogs running at large, vicious dogs, dogs running wild game or livestock or acts by other animals which shall carry out the purposes of this section. The county may also establish a county license fee and an animal control program/facility.

WV - Licenses - § 7-7-6d. Collection of head tax on dogs; duties of assessor and sheriff;

Summary: This West Virginia statute provides that it is the duty of the county assessor at the time of assessment of the personal property within such county, to assess and collect a head tax of one dollar on each male or spayed female dog and of two dollars on each unspayed female dog. In addition to the above, the assessor and his deputies shall have the further duty of collecting any such head tax on dogs as may be levied by the ordinances of each and every municipality within the county. The tax also serves the function of providing a registration for the dog. Any person who refuses to pay the tax after a specified period may have his or her dog seized, which may then be sold or eventually destroyed.

This West Virginia statute provides that it is the duty of the county assessor at the time of assessment of the personal property within such county, to assess and collect a head tax of one dollar on each male or spayed female dog and of two dollars on each unspayed female dog. In addition to the above, the assessor and his deputies shall have the further duty of collecting any such head tax on dogs as may be levied by the ordinances of each and every municipality within the county. The tax also serves the function of providing a registration for the dog. Any person who refuses to pay the tax after a specified period may have his or her dog seized, which may then be sold or eventually destroyed.

WV - Ordinances - § 19-20A-8. Vaccinated dogs and cats may run at large; confinement may be required

Summary: This West Virginia statute provides that dogs or cats vaccinated in compliance with the provisions of this article may run at large in any area or locality unless a county commission or a municipality has adopted and enforced ordinances to prevent dogs from running at large. The state commissioner of agriculture may also enforce an at large ban when a rabies quarantine is in effect. However, any county commission or municipality may not adopt any ordinance which purports to keep any vaccinated dog from running at large while engaged in any lawful hunting activity; from running at large while engaged in any lawful training activity; or from running at large while engaged in any lawful herding or other farm related activity.

This West Virginia statute provides that dogs or cats vaccinated in compliance with the provisions of this article may run at large in any area or locality unless a county commission or a municipality has adopted and enforced ordinances to prevent dogs from running at large. The state commissioner of agriculture may also enforce an at large ban when a rabies quarantine is in effect. However, any county commission or municipality may not adopt any ordinance which purports to keep any vaccinated dog from running at large while engaged in any lawful hunting activity; from running at large while engaged in any lawful training activity; or from running at large while engaged in any lawful herding or other farm related activity.

WI - Ordinances - Subchapter IV. Town Board. 60.23. Miscellaneous powers

Summary: This Wisconsin statute provides that the town board may enact and enforce ordinances, and provide forfeitures for violations of those ordinances, that are the same as or similar to ordinances that may be enacted by a county to regulate dogs running at large under s. 59.54(20).

This Wisconsin statute provides that the town board may enact and enforce ordinances, and provide forfeitures for violations of those ordinances, that are the same as or similar to ordinances that may be enacted by a county to regulate dogs running at large under s. 59.54(20).