State & Local Regulations with Recommendations for Compliance

 

 

____CRUELTY:  Tennessee State Law (TCA) 39-14-202.1:  It shall be unlawful for any person to torture, main or grossly overwork an animal.  Davidson County Ordinance 8.12.030 A. No person shall intentionally or willfully or knowingly kill, maim, torture, torment, grossly overwork or overload or cause any of the actions stated herein to be committed…  D. No person shall administer any poisonous or noxious substance to any animal or expose any such substance with intent that the same shall be taken by an animal, whether such animal be the property of himself or another, except when the animals exposed or administered such substances are rodents, fowl or other animals which pose a significant health hazard to the public.

 

____FOOD, WATER, CARE OR SHELTER:  Tennessee State Law (TCA) 39-14-202.2:  It shall be unlawful for any person to fail unreasonably to provide necessary food, water, or shelter for an animal in the person’s custody.  Davidson County Ordinance 8.12.030 B. No person shall fail unreasonably or cause another person to fail unreasonably to provide adequate food, water, care or shelter to any animal in the person’s custody or to abandon any animal in the person’s custody. For the purposes of this section, "shelter" shall mean a structure or enclosure which provides an animal with protection from the elements (weather), which structure or enclosure must have a roof, floor and three sides, and be of sufficient size as to allow each animal to stand up, lie down and turn around in a natural position.

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Provide Plenty of Food and Water:  In winter, pets need to eat nearly double their summer rations to keep a layer of body fat to keep warm.  Clean and fresh water must be available at all times, especially during summer when panting causes dehydration.  Put water in a sturdy bucket inside a rubber tire to prevent tipping.  Check bucket often for freezing during winter.  Be sure to wash water container frequently.

Protect Your Animals in Summer:  Animals are more susceptible to heat than humans.  Since dogs do not perspire, they can only cool themselves by panting and sweating through their paws. Short-nosed breeds like pugs and bulldogs are especially prone to heat stress. The same goes for northern breeds such as Huskies, whose thick fur is designed for Alaskan winters, not Tennessee summers.  At all other times, make sure they have access to shade.  Tree shade can lower the ambient temperature by as much as 10 degrees.  In summer, when chained, dogs have no choice but to urinate and defecate right where they live (something they never do in the wild).  The waste draws flies which drive the dogs crazy.  Flies will actually eat off the tips of the dogs’ ears and cause other skin rashes and problems (see section on confinement).

Protect Your Animals in Winter:  In nature, animals live in cozy dens, their fur like your own winter coat, offers some protection, but they can still feel miserable in the cold.  Puppies, elderly dogs, and small shorthaired breeds like pointer and Dobermans should never be left outside during cold snaps.

Shelter:

  1. The house should be constructed of plastic or painted wood (metal rusts and conducts heat or cold).  Make sure it does not leak and that it faces south in winter, north in summer.
  2. It should be of adequate size to allow the dog to enter the house while standing upright with adequate space for the dog to turn around.  When the dog lies down in the house, no part of the animal protrudes from the house.  Airport and travel crates or NOT adequate housing.
  3. Raise the house off the ground several inches
  4. Put a flap over the door (such as a rubber map with strips cut vertically)
  5. The roof should extend 8 inches over the doorway to keep out rain
  6. Use straw, newspaper, or cedar shavings for bedding, nail a strip of wood at the bottom of the doghouse to keep them from spilling out.  Do not use rugs or rags – they absorb water and can freeze.
  7. Put water in a sturdy, tip resistant bowl or bucket inside a rubber tire to prevent tipping.  Check several times a day for freezing water during winter, and emptiness during summer.

 

____ABANDONMENT: Tennessee State Law (TCA) 39-14-202.3:  It shall be unlawful for any person to abandon unreasonably an animal in the person’s custody

 

____CONFINEMENT:  Tennessee State Law (TCA) 39-14-202.4:  It shall be unlawful for any person to transport or confine cruelly an animal in the person’s custody.  Davidson County Ordinance: C. No person shall allow any animal to remain confined in such a manner as to unreasonably restrict the animal’s ability to move. No person shall allow any dog to remain confined by way of rope, chain or cord that is less than fifteen feet in length.

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If your dog is chained, there are several things to consider.  The law does not prohibit you from chaining your dog, but you may be charged under several state and local regulations if the dog is not chained safely and provided for.  It is recommended that you do not chain your dog for more than 8 hours per day.  Dogs are pack animals, so it is important for them to socialize and be with others.

  1. Bring your dog inside.  Do not kid yourself that dogs “get used” to living outside.  Unless you or other dogs are out there to share it with them, the yard quickly loses its charm.  Constant barking is really a cry for attention (and you could receive a citation if the barking is a bother to your neighbors (Davidson County Ordinance 8.12.010).  If it has stopped, it is not because your dog is content, but because he or she has given up hope for attention.

 

CONFINEMENT CONTINUED:

  1. Build a fence.  A 6 foot privacy fence is safest – it is harder for dogs to escape and harder for other to bother your dog.  If a fence is out of your budget, set up an overhead running line so your dog can exercise without getting tangled.  Use a harness instead of a collar so dogs cannot strangle or hang themselves.  This also decreases the chances of them pulling a collar over their heads and escaping.
  2. The area than an animal is kept in must be free of hazards that would entangle the chain, which in turn could prevent the animal from reaching food, water or shelter.
  3. The area should also be free of physical hazards that might injure the animal.  For example glass, metal rocks, etc.
  4. The area in which the animal is kept must be clean.  If odors and flies are present, this presents a health hazard to your animals (and you could receive a citation if the odor is a bother to your neighbors).

 

____AT LARGE:  Tennessee State Law (TCA) 44-8-408:  It shall be unlawful for any person to allow an animal in the person’s custody or a dog belonging to or  under the control of such a person, or may be habitually found on premises occupied by that person, to go upon the premises of another or upon a public road or street.  Davidson County Ordinance: 8.04.110 B. It is unlawful for any person to allow a dog belonging to him or under his control, or who keeps or harbors a dog, or who has it in his care, or acts as its custodian, or that may be habitually found on premises occupied by him, to run at large, and any such person whose dog is found to be running at large shall be guilty of a misdemeanor and subject to the penalty and punishment set out in Title 1 of this code.  You can be fined anywhere from $50 to $500 for allowing your dog run at large. 

 

____RABIES PROOF: Tennessee State Law (TCA) 68-8-101 thru 68-8-114: It shall be unlawful for any person to own, keep, or harbor any dog or animal without having the same duly vaccinated against rabies and duly registered.  Davidson County Ordinance 8.04.020 It shall be unlawful for any owner to keep, harbor or permit to remain on or about any premises any dog over six months of age which has not been vaccinated against rabies as required by the board of health. A certificate of such vaccination shall be issued by a licensed veterinarian duly authorized to administer such a vaccination, and such certificate shall be kept by the person who owns, keeps, harbors such dog, subject to the inspection of the chief medical director. In those instances where the issuance of a license, as provided in Section 8.04.040, may be accomplished at the same time the dog is vaccinated, such as at the annual rabies clinics sponsored by the department of health, the issuance of a certificate of vaccination may be dispensed with, although the same will be issued upon request.

 

____RABIES TAG DISPLAY:   Tennessee State Law (TCA) 68-8-114:  It shall be unlawful for any person to own, keep, or harbor any dog or animal which does not wear a tag evidencing the required rabies vaccination.  Davidson County Ordinance 8.04.070 Dog license tags issued pursuant to this chapter shall be supplied by the department of health, to be made available in its budget, out of the revenues of the metropolitan government. It shall be the duty of the owner to attach such license tag to a collar which shall be worn at all times by each dog licensed. In the event of the loss of such license tag, the department of health shall issue a duplicate tag, for which the owner shall pay a fee of two dollars, and such duplicate tags shall be forthwith attached to the dog collar and at all times worn thereon; A dog tag shall not be transferable from one dog to another.

 

Proof of rabies vaccination is a stamped/signed receipt from a Veterinarian.  Proof of Rabies Certificate will have a registration number that matches the issued tag.  Rabies shots are not authorized to be given by owners and must be administered by a Tennessee Veterinarian and duly registered with the Health Department.  Dogs or cats are required to display the rabies tag on their collar or harness.  This tag will assist city and county agencies in the return of the animal to its registered owner.

 

MISCELANEOUS INFORMATION:

 

Davidson County Ordinance:  8.12.010 Keeping of animals that disturb the peace.

A. It is unlawful for any person to keep any animal, dog, bird or fowl which, by causing frequent or loud continued noise, disturbs the comfort or repose of any person in the vicinity.

B. Violation of this section shall be declared to be public nuisance which violation may be enjoined by any court of competent jurisdiction. (§ 2 of Amdt. 1 to Ord. 90-1275, 7/17/90; Ord. 90-1275 §§ 1, 2, 1990)