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"§ 14‑362.3. Restraining dogs in a cruel manner.AN ACT TO
AMEND THE criminal LAW CONCERNING RESTRAINING OF DOGS.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 14‑362.3 reads as rewritten:

(a) A person who maliciously knowingly restrains a dog using a chain or
wire grossly in excess of the size necessary to restrain the dog safely or other
type of tethering device in violation of this section is guilty of a Class 1
misdemeanor. For purposes of this section, "maliciously" means the person
imposed the restraint intentionally and with malice or bad motive.
(b) No person shall tether, fasten, chain, tie, or restrain a dog, or
cause such restraining of a dog, to a tree, fence, post, dog house, or other
stationary object for more than three hours in a 24‑hour period. During
periods of tethering that are not unlawful under this subsection, any tethering
device used shall be at least 15 feet in length and attached in such manner as
to prevent strangulation or other injury to the dog and entanglement with
objects other than the stationary objects to which the device is attached.
(c) No person shall tether, fasten, chain, tie, or restrain a dog, or
cause such restraining of a dog, to a cable trolley system, that allows movement
of the restraining device, for more than six hours in a 24‑hour period.
During periods of tethering that are not unlawful under this subsection, the
length of the cable along which the tethering device can move must be at least
10 feet, and the tethering device must be of such length that the dog is able to
move 10 feet away from the cable perpendicularly.
(d) No person shall attach a chain or wire or other tethering device to,
or cause such attachment to, a choke‑type or pronged collar on a dog.
(e) No person shall attach a chain or wire or other tethering device to
a dog in such manner that does not allow the dog access to water and shelter.
(f) Notwithstanding the provisions of subsections (b) and (c) of this
section, a person may, subject to the provisions of subsections (d) and (e) of
this section:
(1) Tether and restrain a dog while actively engaged in:
a. Use of the dog in shepherding or herding livestock, or
b. Use of the dog in the business of cultivating agricultural
products, if the restraining is reasonably necessary for the safety of the dog,
or
c. Use of the dog in lawful hunting activities if the restraint is
reasonably necessary for the safety of the dog.
(2) After taking possession of a dog that appears to be a stray dog and
after having advised animal control authorities of the capture of the dog,
tether and restrain the dog during such time as the person having taken
possession of the dog is seeking the identity of the owner of the dog.
(3) Walk a dog with a handheld leash.
(g) A county, city, or town may by ordinance:
(1) Reduce the time of permissible tethering provided in subsections (b)
and (c) of this section, including a prohibition on tethering.
(2) Increase the permitted time for tethering on a rope or chain
provided in subsection (b) from three to as many as nine hours.
(3) Increase the permitted time for tethering on a pulley system
provided in subsection (c) from six to as many as twelve hours in any
24‑hour period.
(h) Restraining a dog in a manner prohibited by this section constitutes
cruelty as defined in G.S. 19A‑1(2)."
SECTION 2. This act becomes effective December 1, 2007, and applies to acts
committed on or after that date.
 
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