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NO~?.., AN ORDINANCE TO AMEND CHAPTER 4 OF THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA (2006) BY AMENDING SECTION 4-9 THEREOF PERTAINING TO THE TETHERING OF ANIMALS. BE IT ORDAINED by the Council of the City of Portsmouth, Virginia: 1. That Section 4-9 of the Code of the City of Portsmouth, Virginia (2006) be amended and reordained to read as follows: Sec. 4-9. - Standards for keeping animals and household pets; harboring stray animals. (a) All animals, including household pets, shall be kept or maintained so as not to constitute a public nuisance by concentration or number, causing production of insects, excessive odor, dust, noise, or other conditions detrimental to the community health and welfare. (b) It shall be unlawful to fail to provide any animal with adequate space. "Adequate space" means sufficient space to allow each animal to (i) easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the animal and (ii) interact safely with other animals in the enclosure. (c) It shall be unlawful for any person to chain, stake out, or tether any animal on any premises in such a manner that the animal may go beyond its own property line unless such person has permission from the owner of the affected property. At no time shall an animal be allowed to be staked out, chained or tethered in a manner, which allows the animal to cross onto city property. (d) Animals, which are staked out, chained, or tethered outside on any property, shall be 15 feet away from the property line, and at no time shall an animal be permitted to be chained, staked out or tethered outside on a balcony that is above ground level. (e) When an animal is tethered, "adequate space" means a tether that permits the above actions and is appropriate to the age and size ofthe animal. The tether must be attached to the animal by a properly applied collar, halter, or harness configured so as to protect the animal from injury and prevent the animal or the tether, from becoming entangled with other objects or animals, or from extending over an object or edge that could result in the strangulation or injury ofthe animal. For dogs, the tether must be at least three times the length of the dog, as measured from the tip of its nose to the base of its tail, except ' when the dog is being walked on a leash or is attached by a tether to a lead line. When freedom of movement would endanger the animal, temporarily and appropriately restricting movement of the animal according to professionally accepted standards is considered to be provision of adequate space. (f) It shall be unlawful for any dog to be tethered for more than consecutive three hours during any 24-hour period. (g) Without having first reported finding a lost or stray companion or domestic animal to the city's animal control unit or Portsmouth Humane Society, it shall be unlawful for any person, to allow the animal to remain on their property, harbor or keep such lost or stray animal for a period in excess of seven days. After seven days the person allowing the above actions shall be considered to be the owner/custodian ofthat animal and shall be responsible for that animal.