CUT THE CHAIN!
HOW TO PASS A BAN ON THE PERMANENT CHAINING OF
DOGS IN YOUR COMMUNITY
Dogs deserve to be treated as full members of the family – not to spend
their lives at the end of a chain.
The goal of the present toolkit is to assist you in passing a municipal by-law banning the
permanent chaining of dogs in your community. Indeed, municipalities have the power
to enact by-laws pertaining to animal welfare and, more specifically, to the permanent
tethering of dogs.
This legislative authority stems from the Municipal Powers Act, which grants municipalities
the power to “adopt […] by-law[s] to ensure peace, order, good government, and the
general welfare of [their] citizens”.1 Because permanent chaining touches both on
peace2 and public safety3, it falls squarely within municipal jurisdiction.
Municipalities also have the authority to restrict – and even prohibit – the tethering of
dogs within the context of commercial activities, for example in the case of a sled dog
operation, as the Municipal Powers Act provides that “a local municipality may, by bylaw, regulate: […] 2°economic activities […].”4
1
2
3
4
Municipal Powers Act, L.R.Q., c C-47.1, s. 85.
Left unattended, suffering from boredom and isolation, chained dogs are prone to barking and
howling, thereby creating nuisances.
In addition to being detrimental to dogs’ physical and psychological well-being, permanent chain
ing raises serious public safety concerns. Indeed, research has shown that permanently tethered
dogs are nearly three times more likely to bite than dogs not living on chains and are over five
times more likely to bite children. See sections 1 and 2 of the present document for additional
information on this subject.
Municipal Powers Act, note 1, s. 10(2).
2
Table of Contents
1. 10 TIPS ON EFFECTING CHANGE
4
2. CHAINED DOGS: STATISTICS AND EXPERT OPINION
8
3. WHERE IS PERMANENT CHAINING BANNED?
11
4. HOW TO DRAFT A BY-LAW PROVISION
15
5. SAMPLE LETTER TO MUNICIPAL COUNCILLORS
17
3
1. 10 TIPS ON EFFECTING CHANGE
You’re saddened by the plight of chained dogs? You’re right – dogs are intelligent, active and
social animals who need to be stimulated, to spend their energy and to interact with humans,
as well as with other animals. Keeping dogs chained outdoors for long periods of time can have
a devastating effect on both their physical and mental well-being, and can even lead to the
development of aggressive behaviour.
Do you know one of these dogs
who is lonely and neglected,
perhaps too skinny, maybe even
ill? Do you think that this animal
– and all other animals who live
in your community – deserve
better?
As a citizen, you have the power
to effect change.
Here’s how.
1. Be knowledgeable:
In addition to the federal and provincial governments, most municipal governments
in Quebec have regulations concerning the keeping of companion animals. Begin by
familiarizing yourself with your municipality’s by-laws on its website in order to find
out whether a provision governing dog tethering currently exists.
Also review the by-laws enacted by other municipalities, such as Morin-Heights,
Hudson and Sherbrooke, all of which have adopted measures to prohibit the
permanent chaining of dogs (see section 3 of the present document).
2. Cast the net far and wide:
Familiarize yourself with the powers delegated to municipalities by the provincial
government and with how municipal democracy works. You’ll find plenty of
information on the Quebec Ministry of Municipal Affairs’ website (mamrot.gouv.
qc.ca).
While the adoption of provincial laws is a long and tedious process, adding or
amending a municipal by-law provision can be done relatively quickly.
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3. Gather as much information as possible:
Collect newspaper articles, position statements from animal protection
organizations, policies adopted by professional bodies or associations (veterinarians,
dogs behaviourists), as well as input from neighbours, local businesses or any other
group that supports the provision you wish to see adopted. This way, you’ll be better
able to gage how your initiative will be received or supported and you’ll be able to
fine-tune your arguments accordingly (see section 3 of the present document).
4. Participate in municipal council meetings:
All cities hold information and consultation sessions on a regular basis. Attend
municipal council meetings that are open to the public. Refer to your municipality’s
website to familiarize yourself with the participatory process, as it is sometimes
required to submit a topic or question ahead of time.
To get an idea of how these sessions unfold, watch a few of your municipality’s
council meetings online, or simply read the meeting minutes.
Many municipalities offer plenty of useful information online. Some even offer
practical guides for citizens who wish to participate in public consultation sessions.
5. Be prepared:
Concisely present the arguments, reallife examples, letters, examples of
by-law provisions adopted by other
municipalities (see section 3 of the
present document), opinions, and
petitions that you have gathered. The
more well documented and prepared
you are, the more convincing you will
be!
5
Focus your presentation on the following three main arguments: :
1- Animal Welfare
Permanent tethering is inhumane, as it is detrimental to dogs’ physical and psychological wellbeing. Chained dogs are at increased risk of injuring themselves and are frequently neglected.
They are exposed to extreme cold in the winter, and suffocating heat in the summer. Isolated,
unable to socialize, play, exercise, or express natural behaviour, chained dogs develop severe
boredom and frustration, eventually leading to psychological distress
2- Public safety
Permanent chaining of dogs also raises serious public safety concerns. Due to their inability to
flee or escape, tethered dogs are more likely to display aggressive behavior when faced with
a perceived threat. Additionally, constant physical restraint promotes excessive territoriality,
which can also lead to aggression. Indeed, research has shown that tethered dogs are nearly
three times more likely to bite than dogs not living on chains and are over five times more likely
to bite children.
3- Nuisance
Left unattended, suffering from boredom and isolation, chained dogs are prone to barking and
howling, thereby creating nuisances.
Be prepared to present a draft of the by-law provision you want the council to adopt (see
section 4 of the present document).
6. Play big, and surround yourself with likeminded people:
If possible, attend municipal council meetings as a group. Veterinarians, animal
health technicians, dog behaviourists and trainers, local SPA or SPCA representatives,
neighbours, responsible dog owners, etc. – all of these individuals can add to your
efforts and help you further your cause.
If some of your supporters are unable to accompany you to a municipal council
meeting, encourage them to show their support for your initiative by sending a
letter to municipal council members (see section 5 of the present document for a
sample letter).
7. Know your opponents :
Inevitably, along the way, you will encounter people or groups who are hostile to
your proposal. Dog sledding operators or guard dog owners, for instance, may think
you’re going too far. Strengthen your case and be ready to make compromises.
Between a complete ban on tethering dogs regardless of the circumstances and
the absence of any limit on the number of consecutive hours that dogs can be
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left tethered, there are many intermediary options (see section 4 of the present
document). Find inspiration in the variety of solutions used by other municipalities
(see section 3 of the present document), and try to find a compromise. A negotiated
success is better than hitting a wall!
8. Make your opinion known:
Write to local and national media, and publish information on social media. Always
stay polite and keep your emotions in check. Be calm, rational and structured – your
credibility and the success of your endeavours depend on it.
9. Be patient and persistent:
Keep your file up to date, maintain an open and active dialogue on the subject with
those around you, continue to attend city council meetings, and voice your concerns
in the local newspaper. If needed,ask a lawyer to draft a legal opinion to give even
more weight to your cause.
10. You’re not alone:
In the past few years, many American and Canadian
municipalities have amended their by-laws in order to
prohibit permanent chaining. In many cases, it was citizens
just like you who initiated these changes.
Some managed to limit the time dogs can be chained
outside to 12 hours a day (Sherbrooke), others, 3 hours a
day (Piedmont), and even 1 hour a day (Burnaby, BritishColumbia). Calgary, Alberta, even prohibits tethering
without supervision altogether!
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2. CHAINED DOGS: STATISTICS AND EXPERT OPINION
Permanently chained dogs are nearly three times more likely to attack than dogs not
living on chains.
- Centers for Disease Control and Prevention, CDC
“Chaining dogs makes them more aggressive – the shorter the chain, the greater the
aggression.”
- Dr Nicholas H. Dodman, professeur, Tufts University School of Veterinary Medicine
Of 50 children aged 1 or older who were killed by dogs in the U.S. between 1979 and
1988, 14 had wandered too close to a chained dog.
- Centers for Disease Control and Prevention, CDC
“Children are, by far, the most common victims of dog bites and are far more likely to
be severely injured.”
- American Veterinary Medical Association, AVMA
“Chaining a dog is arguably the single most dangerous condition in which to maintain a
dog. Statistically, chained dogs are more dangerous than free-running packs of dogs.”
- Karen Delise, author of Fatal Dog Attacks : The Stories Behind the Statistics
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“Between 2000 and 2009, the vast majority of fatal injuries inflicted by dogs in the U.S.
involved dogs who were isolated from positive human interaction, often kept alone on
chains in junkyards, in basements, or left unattended.”
- National Canine Research Council, based on findings published in the Journal of
American Veterinary Medical Association (JAVMA)
“Tethered dogs have an increased risk of aggression and biting. When tethered, dogs
are unable to escape if threatened and will display defensive aggressive behaviours in
response. This may become a learned and persistent behaviour. […] tethering should
only be performed with direct supervision by the caretaker and for short periods of
time, or in contexts in which outside animals or people will not be able to approach
the dog.”
- Mary P Klinck, D.M.V., DACVB, Enid K Stiles, D.M.V., Diane Frank, D.M.V., DACVB, excerpt
from a letter addressed to the Quebec Ministry of Agriculture, Fisheries and Food (MAPAQ)
“Keeping a dog continually chained shows a complete lack of respect for the animal.
It ignores dogs’ fundamental nature: they are social animals who need to interact
with their environment. Permanent tethering inhibits many natural behaviours, which
makes dogs more likely to develop stereotypies, or other behavioural or psychological
disorders.”
- Jean Lessard, Dog Trainer, MCP (CDT)
“Most instances of continuous, long-term tethering are, in fact, inhumane and
detrimental to the welfare of the tethered animal and thus constitute cruelty.”
- Vermont Veterinary Medical Association (VVMA)
“Throughout my career, I have encountered many permanently chained dogs. All such
cases required a long rehabilitation to human contact. In fact, the same goes for those
indoor dogs whose owners overlook their natural needs on a daily basis. This is only part
of a larger problem – it’s the entire human-animal relationship that calls for a general
rethinking.”
- Philippe Thyrion, Animal Behaviour Consultant
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“For me, keeping dogs permanently chained is unacceptable as this practice generally
fails to preserve animals’ five basic freedoms (i.e. freedom from hunger and thirst;
freedom from discomfort; freedom from pain, injury, and disease; freedom to express
natural behaviours; and freedom from fear and distress). It is clear to me that provincial
legislation should protect dogs from such treatment, which is utterly against their
nature.”
- Jean-Jacques Kona-Boun, D.M.V.
“Our experience in enforcing the Animal Welfare Act has led us to conclude that
continuous confinement of dogs by a tether is inhumane.”
- United States Department of Agriculture (USDA)
“Approximately 30 % of all animal cruelty complaints received by the Montreal SPCA
concern permanently chained dogs.”
- Alanna Devine, Director of Animal Advocacy, Montreal SPCA
“It’s difficult to believe that it is still legal, in 2015, to permanently chain a dog to his
or her dog house. We don’t call dogs “man’s best friend” for nothing - they require
proximity to humans. I have seen chained dogs suffer from boredom and isolation, and
show signs of psychological distress. For me, this constitutes cruelty. Unfortunately,
there’s no law to that effect.”
- Elyse G. Hynes, Inspector, Montreal SPCA
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3. WHERE IS PERMANENT CHAINING BANNED?
CANADA
PROVINCES
•
New-Brunswick: Dogs cannot be chained outdoors for more than 30 minutes between the
hours of 11 p.m. and 6 a.m., unless the owner or custodian is outdoors and within 25 m of
the dog. General Regulation, N.B. Reg 2000-4, s. 4(1.01).
•
Nouvelle-Écosse: Dogs cannot be chained for more than 12 hours in any 24-hour period
and if an animal has been tethered for 12 consecutive hours, the owner or custodian of
the animal must untether the animal for 12 consecutive hours before tethering the animal
again. Standards of Care for Cats and Dogs Regulations, N.S. Reg. 182/2014, s. 8.
MUNICIPALITIES
•
Hudson, Quebec: Dogs cannot be chained for more than 3 consecutive hours. By-Law No
650-2014, Concerning Pets.
•
Morin-Heights, Quebec: Dogs cannot be chained for more than 3 consecutive hours. By-Law
503-2013, Regarding Animal Control, s. 9.4.
•
Piedmont, Quebec: Dogs cannot be chained for more than 3 consecutive hours. Règlement
N° 819-13 concernant les animaux, s. 21.
•
Saint-Sauveur, Quebec: Dogs cannot be chained for more than 3 consecutive hours.
Règlement N° 412-2014 relatif au contrôle des animaux, s. 9.3.
•
Sainte-Agathe-des-Monts, Quebec: Dogs cannot be chained for more than 3 consecutive
hours. Règlement N° 2015-M-218 concernant le contrôle des animaux, S.111, s. 8.4.
•
Sainte-Lucie-des-Laurentides, Quebec: Dogs cannot be chained for more than 3 consecutive
hours. Règlement 542-14 relatif au contrôle des animaux, s. 9.3.
•
Sherbrooke, Quebec: Dogs cannot be chained for more than 12 consecutive hours per 24
hour period. Règlement No 1, Titre 5- Protection de la personne et de la propriété, Contrôle
et garde responsable des animaux, c P.10(4), s. 5.10.27.
•
Essex, Ontario: Dogs cannot be chained for more than 12 consecutive hours. Animal Care
and Control By-Law No 1236, s. 7.03.1(iii).
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•
Mississauga, Ontario: Dogs cannot be chained outdoors unsupervised and, if supervised,
for not more than 4 consecutive hours per 24 hour period. Animal Care and Control By-Law
0098-04, s.20.1.
•
Windsor, Ontario: Dogs cannot be chained for more than 4 consecutive hours. Animal Care
and Control By-law 1236, s.7.03.
•
Calgary, Alberta: Dogs cannot be chained outdoors unsupervised. Responsible Pet Ownership
Bylaw 23M2006, s.17.
•
Burnaby, Colombie-Britannique: Dogs cannot be chained outdoors for more than 1 hour per
day without supervision. Burnaby Animal Control Bylaw 1991, Bylaw No 13334.
•
Central Okanagan Regional District (Kelowna, Lake Country, Peachland, West Kelowna),
Colombie-Britannique: Dogs cannot be chained for more than 4 consecutive hours per 24
hour period. RDCO Responsible Dog Ownership Bylaw No 1343, s.5.24.
•
Chetwynd, Colombie-Britannique: Dogs cannot be chained on vacant property. Dog Control,
Licensing and Ticketing, Bylaw No 908, 2009, s. 11.15(c).
•
Dawson Creek, Colombie-Britannique: Dogs cannot be chained outdoors for extended
periods of time. Bylaw No 4122, A bylaw to regulate, prohibit, and impose requirements in
relation to animals, s.7.6.
•
Delta, Colombie-Britannique: Dogs cannot be chained for more than 4 consecutive hours per
24 hour period. Animal Control Bylaw No. 6893, 2010, s.5.37(c).
•
Fraser Valley Regional District (Abbotsford, Chilliwack, Harrison Hot Springs, Hope, Kent,
Mission), Colombie-Britannique: Dogs cannot be chained outdoors for extended periods of
time. Bylaw No 1206, 2013, To provide for the control of animals and licensing of dogs, s.32.
•
Lions Bay, Colombie-Britannique: Dogs cannot be chained outdoors unsupervised. Bylaw
No. 376, 2006, a Bylaw Providing for the Licensing, Registration and Impounding of Dogs to
Prohibit Cruelty to Animals, s. 20(c).
•
Nanaimo, Colombie-Britannique: Dogs cannot be chained for more than 9 consecutive hours
per 24 hour period. Bylaw No 4923(10), s.6.5.
•
New Westminster, Colombie-Britannique: Dogs cannot be chained outdoors unsupervised.
Animal Control Bylaw No 7222, 2008, s. 600.3.1.
•
North Saanich, Colombie-Britannique: Dogs cannot be chained outdoors for extended periods
of time. By-law 1346, s. 17.5.4.
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•
Oliver, Colombie-Britannique: Dogs cannot be chained for more than 6 consecutive hours,
and for not more than 9 total hours, per 24 hour period. Bylaw No 1224, A Bylaw to regulate
the care and keeping of animals, s. 12.
•
Pemberton, Colombie-Britannique: Dogs cannot be chained for more than 6 consecutive
hours per 24 hour period. Animal Control Bylaw No 651, 2010, s. 4.4.
•
Port Hardy, Colombie-Britannique: Dogs cannot be chained for more than 6 consecutive
hours per 24 hour period. Bylaw 11-2012, A Bylaw to Provide for the Care and Control of
Animals, s.5.6.
•
Qualicum Beach, Colombie-Britannique: Dogs cannot be chained outdoors for extended
periods of time. Bylaw No 649, 2009, A Bylaw to regulate, prohibit, and impose requirements
in relation to animals, s. 50.
•
Richmond, Colombie-Britannique: Dogs cannot be chained for more than 1 hour per 6 hour
period. Animal Control Regulation Bylaw No 7932, s.1.2(iii).
•
Sechelt, Colombie-Britannique: Dogs cannot be chained for more than 6 consecutive hours
per 24 hour period. Dog licensing and Control Bylaw No 221, 1994 (2010 Consolidation), s.
10.
•
Sidney, Colombie-Britannique: Dogs cannot be chained outdoors for extended periods of
time. Care, Control, Licensing and Impounding of Animals, s. 4(j).
•
Sooke, Colombie-Britannique: Dogs cannot be chained outdoors for extended periods of
time. BYLAW No 392, Animal Regulation and Impounding Bylaw, 2009, s. 50.
•
Squamish, Colombie-Britannique: Dogs cannot be chained outdoors for extended periods
of time. Bylaw No 2335, 2014, A Bylaw to regulate, prohibit, and impose requirements in
relation to animals, s. 41.
•
Surrey, Colombie-Britannique: Dogs cannot be chained for more than 4 consecutive hours
per 24 hour period. By-law No 13880, s.48.1.
•
Terrace, Colombie-Britannique: Dogs cannot be chained unsupervised for more than 1 hour.
Dogs cannot be chained outdoors for extended periods of time. Bylaw No 1894-2007, s.
14.5(d).
•
Victoria, Colombie-Britannique: Dogs cannot be chained outdoors for extended periods of
time. Animal Control Bylaw, Bylaw No 11-044, S.3, s. 12(2).
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JURIDICTIONS OUTSIDE CANADA
In the U.S., over twenty states (including California, Delaware, Nevada, Oregon, Rhode Island
and Texas) and over a hundred municipalities prohibit permanent chaining.
For a complete listing:
•
•
•
American Veterinary Medical Association (avma.org)
Michigan State University College of Law (animallaw.info)
People for the Ethical treatment of Animals (peta.org)
Permanent chaining tethering is also banned in Austria, Germany, and Switzerland.
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4. HOW TO DRAFT A BY-LAW PROVISION
Any by-law provision you propose to your municipal council should:
•
•
•
•
•
•
Target all forms of permanent tethering, i.e. any situation in which a dog is chained, or tied
by any other means, to a fixed object in a non-temporary manner.
Avoid targeting temporary forms of tethering that are not detrimental, and may in fact
promote, dog welfare.1
Restrict tethering using one of the following means:
◦ Prohibit the practice in the absence of direct supervision2,
◦ Prohibit the practice for more than a certain number of consecutive hours per 24
hour period3, or
◦ Prohibit the practice during certain hours of the day.
Prohibit the unsupervised tethering of dogs who have not yet reached maturity, who are ill,
injured, or unsterilized.
Prohibit tethering during extreme weather conditions.
Restrict the type of tethering device that can be used, including by:
◦ Prohibiting the use of choke collars, prong collars, or any other type of collar that
is metallic or functions by tightening around the neck,
◦ Requiring the use of a tethering device that:
▪ Is not liable to get stuck or shortened, in particular by getting tangled around
an object,
▪ Does not cause discomfort, in particular due to its weight
▪ Is long enough to allow the dog to change positions and move about comfortably.
When drafting a by-law provision, it is also important to take into account the ease with which
it can be applied. Such a disposition, if well drafted, should be easily verifiable on the ground,
even in the absence of any particular expertise and should contain the least amount of grey
zones possible.
1
2
3
The provision should not, for example, prohibit someone from tying their dog to their picnic table
while they are having a picnic at a park or from tethering their dog in the backyard while they
garden.
This is our favoured approach. Note, however, that in this case, you will need to define what is
meant by “direct supervision”: does it require the owner or custodian of the dog to be physically
present on site, to be within a certain distance of the animal, to be able to see the animal? See
box on the following page for a suggested definition.
Note that in this case, you will also need to set a maximum number of total hours that a dog
can be tethered per 24 hour period and/or a minimum length of time that the dog has to be de
tached between two periods of tethering. Otherwise, in the case of a by-law stipulating that a dog
cannot be tethered for more than 3 consecutive hours per 24 hour period for example, one could
simply untie their dog for a few minutes every 3 hours before tying the animal back up in order to
comply with the by-law.
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Model By-law provision
Definitions
In the present section:
1° « Tethered » refers to the state of being chained, fastened, tied, or attached by any other
means, to a fixed object.
2° « Direct supervision » refers to a situation of fact whereby the owner or custodian of a
tethered dog is physically accessible to the dog and has an unobstructed view of the animal.
Tethering
It is unlawful to keep a dog tethered without direct supervision.
It is unlawful to keep a dog tethered outdoors in extreme weather conditions, in particular
during snow storms, in abundant rain, in temperatures below 0 0C in the case of a short-coated
dog, or above 25 0C.
It is unlawful to keep a dog tethered by a choke collar, prong collar, or any other type of collar
that is metallic or is susceptible to tightening around the animals’ neck.
Any restraining device, including a chain or a rope, that is used to keep a dog tethered must
meet the following standards:
1° It is not liable to get stuck or shortened, in particular by getting tangled around an object;
2° It does not cause discomfort, in particular due to its weight;
3° It is sufficiently long to allow the dog to change positions and move about comfortably.
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5. SAMPLE LETTER TO MUNICIPAL COUNCILLORS
[Date]
Mr./Mrs. [name of mayor]
Mayor
Ladies and gentlemen, members of the council
Municipality of [name of municipality]
[address of city hall]
[name of municipality], Quebec
[postal code]
Subject: Prohibition on the permanent chaining of dogs
Mayor [name of mayor],
Members of the council,
As a citizen of [name of municipality] concerned about both animal welfare and public
safety, I am writing you to ask that you enact a municipal by-law banning the permanent
chaining of dogs in [name of municipality].
Permanent tethering is inhumane, as it is detrimental to dogs’ physical and psychological
well-being. Chained dogs are at increased risk of injuring themselves and are frequently
neglected. They are exposed to extreme cold in the winter, and suffocating heat in
the summer. Isolated, unable to socialize, play, exercise, or express natural behaviour,
chained dogs develop severe boredom and frustration, eventually leading to psychological
distress.
Permanent chaining of dogs also raises serious public safety concerns. Due to their
inability to flee or escape, tethered dogs are more likely to display aggressive behavior
when faced with a perceived threat. Additionally, constant physical restraint promotes
excessive territoriality, which can also lead to aggression. Indeed, research has shown
that tethered dogs are nearly three times more likely to bite than dogs not living on
chains and are over five times more likely to bite children.
To address these concerns, the municipalities of Hudson, Morin-Heights, Piedmont,
Sainte-Agathe-des-Monts, Sainte-Lucie-des-Laurentides, and Sherbrooke have all
banned permanent tethering, as have a number of other municipalities across the
country. It is time for the municipality of [name of municipality] to follow the lead of
17
these jurisdictions and require that all dogs be kept in conditions that ensure for their
welfare also keep our communities safe.
I therefore urge the municipal council to enact a by-law prohibiting the permanent
chaining of dogs in [name of municipality].
Yours sincerely,
[full name]
[full address]
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