Bexley sets limits on tethering dogs

Bexley has followed Columbus in passing a law that bans chaining dogs outdoors overnight — but Bexley’s law goes further in that first-time offenders could potentially face jail time.

The Bexley City Council unanimously adopted legislation Tuesday that amends the city’s animal cruelty code and prohibits tethering animals outdoors unattended under certain conditions.

“This progresses us further in the evolution of our animal protection laws,” said Troy Markham, chairman of council’s recreation and parks committee, who introduced the proposed change.

The new law bans the following:

Tethering an animal outdoors unattended between 10 p.m. and 7 a.m. and in the event of a severe cold or heat advisory by a local, state or national government authority.

Tethering animals with a pinch, prong or choke-type collar, or any type of tether that is unsuitable for an animal’s size and weight.

Using a tether that is entangled or does not allow free movement of the animal for the tether’s full length.

Tethering animals in a manner that could allow entanglement with a fence or other tethered animals.

Tethering an animal in a manner that will allow it to reach the property of another person other than the pet owner, a public walkway or a road.

Before council voted to approve the ordinance, Markham introduced an amendment that lays out penalties.

Individuals who violate the law can be charged with a fourth-degree misdemeanor for a first offense, which could result in a $250 fine and/or 30 days in jail. Each subsequent offense would be a third-degree misdemeanor punishable by a $350 fine and/or as long as 60 days in jail.

The city of Columbus adopted a similar ordinance in October, but Markham said Bexley’s “is a little more punitive in that we do allow for jail time on the first offense.”

Council members debated whether jail time for a first offense is too severe.

“My concern is, if it’s supposed to be an education (for the public), why would you be wanting to send someone in jail on a first offense?” asked Councilman Richard Sharp.

Markham noted that jail time isn’t a mandatory sentence under the ordinance. Bexley Mayor Ben Kessler and City Attorney Marc Fishel said the city has leeway in enforcement.

Corey Roscoe, Ohio director of the Humane Society of the United States, said Bexley’s ordinance has the potential not only to protect animals, but prevent dogs from biting humans.

“Dogs who are socially isolated tend to develop aggressive tendencies,” she said. “So having restrictions on the amount of time that they live outside means that they have to go inside the home, means they’re going to have experiences with humans. Hopefully, they’ll have experiences with other animals, which will give them some of that needed socialization.”

— Corey Roscoe, Ohio director of the Humane Society of the United States