Health and Safety Code 122335(b) makes it a crime to “tether, fasten, chain, tie, or restrain a dog, or cause a dog to be tethered, fastened, chained, tied, or restrained, to a dog house, tree, fence, or any other stationary object.” This section can be charged as an infraction or a misdemeanor and is punishable by up to 6 months in jail and a fine of up to $1000.00.
The law is one of several California animal abuse and cruelty laws, such as the law against leaving an animal in an unattended vehicle.
Examples
- chaining a dog to a doghouse.
- fastening a dog to a tree with a rope.
- tying a dog to a car bumper by means of a choke collar.
Legal Defenses
A defendant can challenge a dog tethering charge with a legal defense. A few common defenses include the accused showing that he/she:
- qualified for an exception under the law,
- was falsely accused, and/or
- acted out of necessity.
Penalties
A violation of Health and Safety Code Section 122335 is a wobblette offense. This means a prosecutor can charge it as either
- an infraction or
- a misdemeanor.
An infraction is punishable by a fine of up to $250.
A misdemeanor is punishable by:
- a fine of up to $1,000, and/or
- custody in county jail for up to six months.
Our California criminal defense attorneys will address the following in this article:
- 1. When is the dog tethering law in California?
- 2. Are there defenses?
- 3. What are the penalties for Health & Safety Code 122335 HS?
- 4. Can a person get a conviction expunged?
- 5. Are there other offenses related to dog tethering laws?
HS 122335 prohibits tethering dogs to stationary objects. This statute applies only to dogs, not to all domestic animals.
1. When is the dog tethering law in California?
A prosecutor must prove the following elements of the crime to convict a defendant under this statute:
- he/she tethered, fastened, chained, tied, or restrained a dog, or caused a dog to be tethered, fastened, chained, tied, or restrained, and
- the dog was tethered, fastened, etc., to a doghouse, tree, fence, or any other stationary object.1
Fortunately, there are a number of exceptions under HS 122335 that allow tethered dogs. For example, a person can lawfully tie his/her dog up provided that:
- the dog is tied to a running line, pulley, or trolley system (as long as the animal is not wearing a choke or pinch collar),
- the dog is tethered per the requirements of a camping or recreational area,
- the dog is tied for reasonable periods of time in order for a person to complete a temporary task,
- the dog is tethered while a person is engaged in herding livestock or cultivating agricultural products.2
2. Are there defenses?
Our criminal defense lawyers advise clients that there are three effective defenses to challenge an accusation under this statute. These include the defendant showing that he/she:
- met an exception under the law.
- was falsely accused.
- acted out of necessity.
2.1 Exception to the law
Recall that several exceptions under this statute allow a person to tether a dog lawfully. This means it is always a defense for an accused to show that his/her conduct fell under one of these legal excuses.
2.2 Falsely accused
Unfortunately, people get falsely accused all the time of unlawfully tethering a dog. Reasons for this include:
- revenge,
- jealousy, and
- ill will.
A defense, then, is for a defendant to assert that he/she was unjustly blamed.
2.3 Necessity
Under a necessity defense, a defendant essentially tries to avoid guilt by showing that he/she had a sufficiently good reason to commit the crime. In the context of tethering a dog, an accused could attempt to show that he committed the crime since he had no other choice (e.g., because of an emergency).
Pet owners who tether their dogs can unwittingly cause strangulation.
3. What are the penalties for Health & Safety Code 122335 HS?
A violation of these laws is a wobblette offense. This means a prosecutor can charge it as either:
- an infraction, or
- a misdemeanor.3
As an infraction, the offense is punishable by a fine of up to $250.4
As a misdemeanor, the offense is punishable by:
- a fine of up to $1,000, and/or
- custody in county jail for up to six months.5
A judge does have the discretion to award a defendant with misdemeanor (or summary) probation in lieu of jail time.
4. Can a person get a conviction expunged?
A person convicted of misdemeanor dog tethering can get the conviction expunged provided that he/she successfully completes:
- a jail term, or
- probation (whichever was imposed).
Expungements do not apply to infraction charges since infractions under California law are not considered criminal acts.
5. Are there other offenses related to dog tethering laws?
There are three offenses related to the unlawful tethering of a dog. These include:
- animal abuse and cruelty – PC 597,
- dog fighting – PC 597.5, and
- leaving an animal in an unattended vehicle – PC 597.7.
5.1 Animal abuse and cruelty – PC 597
Penal Code 597 PC is the main California law that makes it a crime for a person maliciously to kill, harm, maim, or torture an animal.
Unlike HS 122335, this law requires that a person inflict harm or injury on an animal.
5.2 Dog fighting – PC 597.5
Penal Code 597.5 PC is the California statute that prohibits a person from:
- owning or training a dog with the intent to have it fight with another dog,
- causing a dog to fight with another dog, and
- intentionally attending a dog fight.
If a person tethers a dog prior to a dog fight, then he/she could be charged under both:
- PC 597.5, and
- HS 122335.
5.3 Leaving an animal in an unattended vehicle – PC 597.7
Penal Code 597.7 PC is the California statute that makes it an offense for a person to leave an animal in an unattended motor vehicle when the conditions would endanger the health or well-being of the animal.
Like HS 122335, a violation of this statute can be charged as either an infraction or a misdemeanor.
Legal References:
- California Health and Safety Code 122335 HS. The full language of the statute reads as follows:
(a) For purposes of this chapter, the following terms shall have the following definitions:(1) “Animal control” means the municipal or county animal control agency or any other entity responsible for enforcing animal-related laws.
(2) “Agricultural operation” means an activity that is necessary for the commercial growing and harvesting of crops or the raising of livestock or poultry.
(3) “Person” means any individual, partnership, corporation, organization, trade or professional association, firm, limited liability company, joint venture, association, trust, estate, or any other legal entity, and any officer, member, shareholder, director, employee, agent, or representative thereof.
(4) “Reasonable period” means a period of time not to exceed three hours in a 24-hour period, or a time that is otherwise approved by animal control.
(b) No person shall tether, fasten, chain, tie, or restrain a dog, or cause a dog to be tethered, fastened, chained, tied, or restrained, to a dog house, tree, fence, or any other stationary object.
(c) Notwithstanding subdivision (b), a person may do any of the following in accordance with Section 597t of the Penal Code:
(1) Attach a dog to a running line, pulley, or trolley system. A dog shall not be tethered to the running line, pulley, or trolley system by means of a choke collar or pinch collar.
(2) Tether, fasten, chain, tie, or otherwise restrain a dog pursuant to the requirements of a camping or recreational area.
(3) Tether, fasten, chain, or tie a dog no longer than is necessary for the person to complete a temporary task that requires the dog to be restrained for a reasonable period.
(4) Tether, fasten, chain, or tie a dog while engaged in, or actively training for, an activity that is conducted pursuant to a valid license issued by the State of California if the activity for which the license is issued is associated with the use or presence of a dog. Nothing in this paragraph shall be construed to prohibit a person from restraining a dog while participating in activities or using accommodations that are reasonably associated with the licensed activity.
(5) Tether, fasten, chain, or tie a dog while actively engaged in any of the following:
(A) Conduct that is directly related to the business of shepherding or herding cattle or livestock.
(B) Conduct that is directly related to the business of cultivating agricultural products, if the restraint is reasonably necessary for the safety of the dog.
(d) A person who violates this chapter is guilty of an infraction or a misdemeanor.
(1) An infraction under this chapter is punishable upon conviction by a fine of up to two hundred fifty dollars ($250) as to each dog with respect to which a violation occurs.
(2) A misdemeanor under this chapter is punishable upon conviction by a fine of up to one thousand dollars ($1,000) as to each dog with respect to which a violation occurs, or imprisonment in a county jail for not more than six months, or both.
(3) Notwithstanding subdivision (d), animal control may issue a correction warning to a person who violates this chapter, requiring the owner to correct the violation, in lieu of an infraction or misdemeanor, unless the violation endangers the health or safety of the animal, the animal has been wounded as a result of the violation, or a correction warning has previously been issued to the individual.
(e) Nothing in this chapter shall be construed to prohibit a person from walking a dog with a hand-held leash.
(Added by Stats. 2006, Ch. 489, Sec. 1. Effective January 1, 2007.)
- California Health and Safety Code 122335c1-5 HS.
- California Health and Safety Code 122335d HS.
- California Health and Safety Code 122335d1 HS.
- California Health and Safety Code 122335d2 HS.