Contrasting with Flagler County and Palm Coast government, Flagler Beach last week all but approved revisions of its animal ordinance long sought by the Humane Society, with some strict restrictions–but not a ban–on dog tethering.
“I cherry-picked from ordinances from all around the country,” Drew Smith, the city’s attorney, said.
The revised ordinance, which the council unanimously approved on first reading last Thursday, prohibits the “unsupervised, unattended outdoor tethering” of a dog, whether in an enclosed or fenced in area or not.
The key difference with an outright ban on tethering is that a dog may be tethered outside for two 30-minute periods a day, one from 7 a.m. to noon, and one from noon to 9 p.m., weather permitting. The owner may be “out of visual range” for those 30-minute periods, but would have to still be at the property, and would be expected to monitor the dog’s conditions.
A dog may be tethered outside longer as long as it’s in visual range of its owner at all times.
Other restrictions: The tether must be strong but humane, giving the dog plenty of flexibility, comfort and room to roam, it must keep the dog at least within six feet or more from any property line. A dog may not be tethered outside during inclement weather regardless, including during thunderstorms or worse weather events, or when the temperature is above 90 degrees or below 40. But the ordinance’s wording doesn’t clarify a key difference: the temperature may well be below 90 or below 40 in the shade, but not necessarily so under the sun, though the ordinance also requires available shade, water and dry ground provided a tethered dog at all times.
Flagler County government came close to approving an ordinance stricter than Flagler Beach’s late last summer, but drew back when it heard objections from the American Kennel Club, and eventually adopted an ordinance that makes ample room for outdoor tethering. Palm Coast signaled that it would be revising its own ordinance, and a draft was in the works, but City Manager Matt Morton said the revised ordinance would not be coming to council any time soon–that it might happen late this year or early next year. Some Flagler County commissioners expressed interest in looking at their ordinance again, but pending Palm Coast’s actions.
In Flagler Beach, the ordinance drew support from commissioners, who’d made suggested revisions at a previous meeting, and from a dog-owning residents who’d worried that a previous, more restrictive version would be enacted.
Theresa Boyd, owner of a Newfoundland “who loves being out on the front porch in the morning,” said her concerns were heard. “The new ordinance is much better,” she said. She takes an hour to clean house. Her dog is tethered outside for that time, because she doesn’t have a fenced in yard. But she had additional suggestions. “I understand what you’re trying to do is keep dogs safe, and I applaud you for that,” Boyd said. “But a fine or a ticket is not going to keep the dog safe. So my suggestion is, give an alternative to the dog owner for obedience training instead of a fine. Let’s get these owners who are not responsible into learning how to care for a dog, and the dog to learn how to be a great indoor pet.”
The city will in fact not be heavy-handed with citations: a first violation of the ordinance will be treated as a warning–a requirement to train the dog at a dog-training class, within 30 days of the warning. A second offense would result in a fine.
Don Morton, an animal control officer for Flagler County who also works on contract for Flagler Beach, spoke for the Humane Society’s Amy Carotenuto, who could not attend Thursday’s meeting. Enforcement, Mporton said, will be an issue. Referring to an enforcement officer, she said: “How do you know that while he was on his traffic stop down the road the owner didn’t bring his dog in for five minutes, which then re-starts that 30 minutes all over.”
“It doesn’t,” Smith said: if the dog is put outside for a few minutes then taken in, that’s it. “You don’t get to split it up into 15, 15, 15,” or use the clock cumulatively, Smith said.
Morton was not convinced. “Obviously you can’t punish a dog for being tied out and tethered, but you can’t enforce that ordinance if it does have a time.”
“You can enforce it, but I would compare it to enforcing two-hour parking,” Smith said.
Even then, the first violation would be treated as a warning. Morton said the Humane Society has offered puppy classes but with no success, making the warning possibly not useful.
“We’re just trying to give some flexibility to it,” Kim Carney, who chairs the city commission, said. “We get it. We get it. Anything is hard to enforce.” (But with any code enforcement violation, the first document from the issuing agency is a warning, not a citation.)
Few people spoke on the ordinance. Another resident who did had no overall objections, but found it went too far in one regard. “Sometimes I think we can almost police things too far,” the resident of Central Avenue said. “The front porch, to me, is part of the house.”
The ordinance is below.
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Flagler Mom says
Although I agree completely with the idea that it’s cruel to tether a dog for an extended period of time, I wish that someone would address the idea of dogs who are penned up and barking constantly (including early in the morning and late at night). I love dogs but I’m extremely frustrated by the continuous noise our neighbors’ dogs create, effectively ruining any peace and quiet we would otherwise have. I would love to see this problem addressed as well.
Mary Fusco says
Flagler Mom, agree. I have had dogs for 50 years. Never has one been left outside alone, chained, penned or crated. If anyone has a need to do this, they do not need a dog. My dogs are family and live inside with us. My current dog, who is a rescue, is quite the barker. When I leave the screen on the garage open he can really go at it. When he does, I immediately close the garage door so as not to annoy neighbors. Sadly, common sense is a thing of the past. Some people shouldn’t have either children or dogs because they feel everyone around them should be okay with their behavior.
Dave says
This is very unfortunate. These dogs do not deserve to be put in these deadly circumstances. How exactly will the city enforce these rules? People will most certainly abuse these rules and put their dogs in danger.
I suggest a group of us animal lovers spy in these backyards and get a list with houses with dogs and video any dog we see chained outside and report it to police.
Unbelievable and outrageous that Flagler beach would take a stance siding with animal abusers!
Jane Gentile-Youd says
Sounds very reasonable to me.. if you live in Flagler Beach boundaries that is. What is the average total home lot size in Flagler Beach versus average total home lot size in western ‘unincorporated’ parts of Flagler County ( which of course needs not to be of any concern to Flagler Beach)? 1/4 acre is small enough to almost ‘assume’ you are gonna’ be within at least ‘oral’ range since you almost must be ‘outside’ ( tethering doesn’t apply to the inside of the house – at least not yet)….
Unincorporated Flagler County does not have the code enforcement staff, nor sheriff staff go spent time searching 3, 4, 5, 10, 25 or more acre homesites looking for Snoopy who is chained to the old Australian pine for about 20 hours a day -when not running around.
Flagler County needs an ordinance immediately, today, not some time in the far off future, similar to Flagler Beach but without this 30 minute twice a day out of visual range’stuff’. Tethering, for up to 30 minutes, 2x a day can never been enforced out west ! Tethering being accompanied no more than 50 feet in visual distance at all times, for no more than 2x day, possibly can.
Punishment: Dog removed from premises and put up for adoption: $150 t he county ( the amount of fine the owner was given in addition to losing his dog) : AND Owner prohibited from owning dog again in Flagler County via ORDINANCE. That ought to work don’t you think? In the meantime the county commission closes their eyes and waits for a ‘miracle ordinance’ to fall from the skies.
Time to bring it up again don’t cha think? 9am Monday – Flagler County Commission Chambers ( a/k/a ” Mullins Bi-weekly Showcase Theater ) …. ‘Community Outreach’ we have 3 minutes, each one of us, to demand our commissioners approve a kinder ordinance to animals than the unenforceable one we have now. Good job Flagler – not perfect – but reasonable considering your average residential lot size. At least you considered the reality of enforcement into account .. something which Flagler County need to do too!
Trailer Bob says
I live in this savage “Unincorporated Flagler County”and take offense at your comment. I do not see bunches of dogs tied up for hours out here…and I LIVE here. I will be the first one to suggest that if you cannot afford a fence around your yard you shouldn’t have a dog, but feel offended still by your comments. Even the term “unincorporated” sounds bad. Now when you can alert us to just exactly where these wild dogs are, please do so. And by the way, there is a name for where we live and last time I looked, my address didn’t include “unincorporated” in it.
Dave says
How is unincorporated offensive? Sorry buddy but that is exactly what it is called in West Flagler because that’s exactly what it is. Unincorporated. Along with thousands of other areas in the country that share this same categorization
Outsider says
What happens when a dog, who may be known to be grumpy or outright dangerous, is not allowed to be tethered, then he escapes from whatever enclosure he is in, and attacks some one? I say we create an ordinance that requires some one from Flagler Beach to adopt him or her and force them to let it sleep on their pillow for the night!
mark101 says
Nothing like a perfect op for some dishonest fruit cake to steal a dog.
Concerned Citizen says
I’m not surprised at this ordanance. Coming from a comission that has woman beaters and drunks crashing into people. Nope we haven’t forgotten. City sponsored animal cruelty is just another notch in their belt
If you have to tether a dog you don’t need one.
Put this in perspective. Whether in Flagler beach or anywhere else let me tie you up outside. In a yard with minimal shade and a puny bowl of water. Then to compound the insult to your unconditional loyalty I leave for an 8 or 12 hour day. Now you are left with an unsure water/food supply. And you are running around in your own waste. Still comfortable? And we are assuming that the weather is mild. Then we throw in bad weather or whatever else. Now I bet you are miserable.
Tethering of any sort should be illegal. Once you allow any of it with “modifications” it opens the doors for nefarious behavior. Tethering is a form of animal abuse. Just as surely as physical or mental abuse is. Stop it before it begins.
Glenn says
This is what our elected officials deem worthy of their time? There are so many more important issues than this!
Steve says
Love Canines had a bunch. Part of the Family. Well Socialized. Smart , behaved. Trained knew what their place was.
Now all we need are the Parents in Flagler County to apply some of these qualities to their offspring.
Jayne says
Tethering during the heat of the day is cruel and abusive, whether for ten minutes or 30. It’s only safe before 10 a.m. and after 6 p.m. The sun is too strong and air too hot 🔥 for a fur coat who can’t sweat. Why don’t the humans try it before forcing it on animals who can’t speak.