HB 1639 –relative to the tethering of dogs amends RSA 644:8, IV-a(a), the animal cruelty statute, to allow an animal, suspected of being abused or neglected, to be taken into custody without a warrant even if there is no imminent danger to the animal’s health. Here is the proposed change:
“any appropriate law enforcement officer, animal control officer, or officer of a duly licensed humane society may take into temporary protective custody any animal when there is probable cause to believe that it has been or is being abused or neglected in violation of paragraphs III or III-a or when there is a clear and imminent danger to the animal’s health or life and there is not sufficient time to obtain a court order.”
This is the law at this time:
“….any appropriate law enforcement officer, animal control officer, or officer of a duly licensed humane society may take into temporary protective custody any animal when there is probable cause to believe that it has been or is being abused or neglected in violation of paragraphs III or III-a when there is a clear and imminent danger to the animal’s health or life and there is not sufficient time to obtain a court order.”
Additionally, HB 1639 adds a new section to the animal cruelty laws and sets standards for tethering a dog. It adds:
- a 14 hour cumulative limit on the amount of time that a dog can be tethered in a 24 hour period;
- dictates the length and weight of the tether regardless of the breed of dog or the size of the owners lot;
- the type and material of the collar or harness;
- requires that swivels be used;
These tethering requirements could create difficulties for dog owners who rent or who live in communities where there are rules against fencing. There seems to be some evidence that tethering limitations targets low income families who can’t afford fencing.
